General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Terms of Payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Applicable law
10. Place of jurisdiction
11. Code of Conduct
12. Alternative Dispute Resolution

1) Scope of Application

1.1  These General Terms and Conditions (hereinafter "GTC") of Boom Cosmetics GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed. 1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The seller can accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the customer has placed their order.

If several of the above alternatives apply, the contract is concluded at the point in time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/ de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 When an offer is submitted via the seller's online order form, the text of the contract is stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the customer has submitted their order. The seller will not make the contract text available beyond this.

2.6 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that completes the ordering process.

2.7 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller's online shop.

4.3 If a payment method offered via the "PayPal" payment service is selected, payment will be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which it makes advance payments to the customer (e.g., purchase on account or installment payment), it assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding goods, delivery times, shipping, returns, complaints, revocation declarations and returns, or credit notes. 4.4 If a payment method offered via the "Stripe" payment service is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, which will be pointed out to the customer separately if necessary. Further information about Stripe is available on the Internet at https://stripe.com/de.

4.5  If you choose to pay by credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.

4.6 If you select a payment method offered via the payment service "Klarna," payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). Further information and Klarna's terms and conditions can be found here:

https://lashboom.de/content/1-Lieferung

5) Delivery and shipping conditions

5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction. Notwithstanding this, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall be decisive. 5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of delivery if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions set out in the seller's withdrawal policy shall apply to the costs of return.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the customer or an authorized recipient upon delivery of the goods. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the customer in the case of consumers as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment, and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to itself. This only applies if the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay. 5.5 For logistical reasons, collection by the customer is not possible.

6) Retention of title

6.1 The seller retains title to the delivered goods until the purchase price owed has been paid in full.

6.2 The seller retains title to the delivered goods vis-à-vis entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the customer is acting as an entrepreneur, the following shall also apply:

In the event of processing of the delivered goods, the seller shall be deemed the manufacturer and shall acquire ownership of the newly created goods. If the processing is carried out together with other materials, the seller shall acquire ownership in proportion to the invoice values of its goods to those of the other materials. If, in the event of the combination or mixing of the seller's goods with an item belonging to the customer, the latter is to be regarded as the main item, co-ownership of the item shall pass to the seller in the ratio of the invoice value of the seller's goods to the invoice value or, in the absence of such, to the market value of the main item. In such cases, the customer shall be deemed to be the custodian.

The customer may neither pledge nor assign as security items subject to retention of title or legal reservation. The customer is only entitled to resell the goods subject to retention of title in the ordinary course of business. The customer assigns all claims against third parties arising from this to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the goods subject to retention of title have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims itself remains unaffected. However, the seller will not collect the claims as long as the customer meets its payment obligations to the seller, is not in default of payment, and no application for the opening of insolvency proceedings has been filed.

The customer must immediately notify the seller of any access to the goods owned or co-owned by the seller or to the assigned claims. The customer must immediately transfer to the seller any amounts assigned to the seller and collected by the customer, insofar as the seller's claim is due.

If the value of the seller's security interests exceeds the amount of the secured claims by more than 10%, the seller shall release a corresponding portion of the security interests at the customer's request.

7) Liability for defects (warranty)

Unless otherwise specified in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the delivery of goods:

7.1 If the customer is acting as an entrepreneur,

• the seller shall have the choice of the type of subsequent performance;
• for new goods, the limitation period for defects shall be one year from delivery of the goods;
• for used goods, rights and claims due to defects shall be excluded;
• the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The above limitations of liability and reductions in time limits do not apply

• to claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
• for any obligation on the part of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer is a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed to have been approved.

7.5 If the customer is acting as a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery agent and to inform the seller thereof. Failure to do so shall not affect the customer's statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tortious claims for damages and reimbursement of expenses, as follows:

8.1 The seller shall be liable without limitation for any legal reason

• in cases of intent or gross negligence,
• in the event of intentional or negligent injury to life, limb, or health,
• on the basis of a guarantee promise, unless otherwise specified,
• on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely. 8.3 Otherwise, the seller's liability is excluded.

8.4 The above liability provisions also apply with regard to the seller's liability for its vicarious agents and legal representatives.

9) Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

10) Place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

11) Code of Conduct

- The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Trade," which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.

12) Alternative dispute resolution

12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

12.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.