Table of Contents

• Scope of Application
• Conclusion of Contract
• Right of Withdrawal
• Prices and Payment Conditions
• Delivery and Shipping Conditions
• Retention of Title
• Liability for Defects (Warranty)
• Liability
• Redemption of Promotional Vouchers
• Redemption of Gift Vouchers
• Applicable Law
• Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as the "GTC") of Sascha Blank, trading under "Lion Instinct" (hereinafter referred to as the "Seller"), shall apply to all contracts for the delivery of goods concluded between the Seller and a consumer or entrepreneur (hereinafter referred to as the "Customer") 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 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or independent professional activity.

1.4 An entrepreneur within the meaning of these GTC 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 by the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via 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 may 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 e-mail), whereby receipt of the order confirmation by the Customer shall be decisive; or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive; or
• by requesting payment from the Customer after the Customer has placed the order.

If several of the above alternatives apply, the contract shall be concluded at the point in time when one of the above alternatives first occurs. 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 dispatch 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 consequence that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment processing shall be carried out via 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 User Agreement, available at:

https://www.paypal.com/de/legalhub/paypal/useragreement-full

or—if the Customer does not have a PayPal account—subject to the Terms for Payments without a PayPal Account, available at:

https://www.paypal.com/de/legalhub/paypal/privacywax-full

If the Customer selects a payment method offered via PayPal during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button completing the ordering process.

2.5 When an order is placed via the Seller's online order form, the contract text is stored by the Seller after the contract has been concluded and transmitted to the Customer in text form (e.g. by e-mail, fax, or letter) after the order has been sent. The Seller shall not make the contract text available beyond this. If the Customer has created a user account in the Seller's online shop before submitting the order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account using the corresponding login credentials.

2.6 Before submitting a binding 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 detecting input errors may be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer may correct their entries using the usual keyboard and mouse functions until clicking the button that completes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and communication generally take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, if spam filters are used, the Customer must ensure that all e-mails sent by the Seller or by 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 Cancellation Policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices. VAT is not charged because the Seller is exempt from VAT as a small business. Any additional delivery and shipping costs that may apply are specified separately in the respective product description.

4.2 The available payment method(s) will be communicated to the Customer in the Seller's online shop.

4.3 If a payment method offered via the payment service PayPal is selected, payment processing shall be carried out through 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 under which the Seller provides advance performance to the Customer (e.g. purchase on account or payment by instalments), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically designated to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the Customer data transmitted. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative credit assessment. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, payment may only be made to PayPal or to the payment service provider commissioned by PayPal with discharging effect. However, even in the event of the assignment of claims, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery times, shipment, returns, complaints, declarations of withdrawal and returns, or credit notes.

4.4 If the payment method "Sofortüberweisung" is selected, payment processing shall be carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter referred to as "Klarna"). In order to pay the invoice amount via "Sofortüberweisung", the Customer must have an online banking account enabled for participation in "Sofortüberweisung", identify themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is carried out immediately thereafter by Klarna, and the Customer's bank account is debited. Further information about the "Sofortüberweisung" payment method can be found at:

https://www.klarna.com/sofort/

4.5 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing shall be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered via Shopify Payments 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 and of which the Customer may be informed separately. Further information about "Shopify Payments" is available at:

https://www.shopify.com/legal/terms-payments-de

4.6 If a payment method offered via the payment service "Apple Pay" is selected, payment processing shall be carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay are communicated to the Customer in the Seller's online shop. Apple may use other payment services to process payments, for which special payment terms may apply and of which the Customer may be informed separately. Further information about Apple Pay is available at:

https://www.apple.com/de/apple-pay/

4.7 If a payment method offered via the payment service "Google Pay" is selected, payment processing shall be carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay are communicated to the Customer in the Seller's online shop. Google may use other payment services to process payments, for which special payment terms may apply and of which the Customer may be informed separately. Further information about Google Pay is available at:

https://pay.google.com/intl/de_de/about/

4.8 If a payment method offered via the payment service "Klarna" is selected, payment processing shall be carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). Further information and Klarna's applicable terms and conditions are available here:

https://www.lion-instinct.com/policies/shipping-policy

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the Seller's order processing shall be decisive for the processing of the transaction. By way of exception, if the payment method PayPal is selected, the delivery address stored by the Customer with 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 shall not apply with regard to the costs of the outward shipment if the Customer effectively exercises their right of withdrawal. With regard to the costs of returning the goods, the provisions set out in the Seller's Cancellation Policy shall apply if the Customer effectively exercises the right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has handed over the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally pass to the Customer or a person authorized to receive the goods only upon delivery of the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer, even if the Customer is a consumer, as soon as the Seller has handed over the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier, or 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 self-supply. This shall apply only if the non-delivery is not the Seller's responsibility and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the Customer shall be informed without undue delay and any consideration already paid shall be refunded without undue delay.

5.5 Collection by the Customer is not possible for logistical reasons.

5.6 Vouchers shall be provided to the Customer as follows:

• by e-mail

6) Retention of Title

If the Seller provides advance performance, the Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. By way of derogation, the following shall apply to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller shall have the choice of the type of subsequent performance;
• the limitation period for claims arising from defects in new goods shall be one year from delivery of the goods;
• claims arising from defects in used goods shall be excluded;
• the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and reductions of limitation periods set out above shall not apply

• to claims for damages and reimbursement of expenses by the Customer;
• if the Seller has fraudulently concealed the defect;
• to goods which, in accordance with their usual use, have been used for a building and have caused its defectiveness;
• to any obligation of the Seller to provide updates for digital products, in contracts for the supply of goods with digital elements.

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

7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer shall be subject to the commercial duty to inspect and notify defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, the Customer is requested to report any goods delivered with obvious transport damage to the carrier and to inform the Seller accordingly. Failure by the Customer to do so shall have no effect whatsoever on the Customer's statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation on any legal grounds

• in cases of intent or gross negligence;
• in cases of intentional or negligent injury to life, body, or health;
• on the basis of a guarantee, unless otherwise provided in this respect;
• on the basis of mandatory liability, such as under the German Product Liability Act (Produkthaftungsgesetz).

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the above provision. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely.

8.3 Otherwise, the Seller's liability shall be excluded.

8.4 The above provisions on liability shall also apply with regard to the liability of the Seller's vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") may only be redeemed in the Seller's online shop and only within the specified period.

9.2 Promotional Vouchers may only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion if such a restriction results from the content of the Promotional Voucher.

9.4 Promotional Vouchers may only be redeemed before the ordering process has been completed. Subsequent offsetting is not possible.

9.5 Only one Promotional Voucher may be redeemed per order.

9.6 If the Promotional Voucher relates to a specific monetary value and not to a percentage discount, the value of the goods must at least correspond to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

9.7 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be used to pay the difference.

9.8 The balance of a Promotional Voucher shall neither be paid out in cash nor accrue interest.

9.9 The Promotional Voucher shall not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.

9.10 The Promotional Voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Promotional Voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of authority to represent.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased via the Seller's online shop (hereinafter referred to as "Gift Vouchers") may only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.

10.2 Gift Vouchers and any remaining balance on Gift Vouchers may be redeemed until the end of the third year following the year in which the voucher was purchased. Any remaining balance will be credited to the Customer until the expiry date.

10.3 Gift Vouchers may only be redeemed before the ordering process has been completed. Subsequent offsetting is not possible.

10.4 Gift Vouchers may only be used for the purchase of goods and not for the purchase of additional Gift Vouchers.

10.5 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be used to pay the difference.

10.6 The balance of a Gift Voucher shall neither be paid out in cash nor accrue interest.

10.7 The Gift Voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of authority to represent.

11) Applicable Law

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

12) Alternative Dispute Resolution

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