<table><tr><th>To:</th><th>Bella Klein[</th></tr><tr><td>From:</td><td>Lesley Gro</td></tr><tr><td>Sent</td><td>Tue 8/7/2018 2:33:48 PM</td></tr><tr><td>Subject:</td><td>Fwd: mytheresa.com: confirmation of receipt us11388989</td></tr></table>

Purchased on JE's Black Amex for Kathy Ruenunler

Begin forwarded message:

From: Kathy Ruemmler <>
Subject: Fwd: mytheresa.com: confirmation of receipt us11388989
Date: August 7, 2018 at 10:29:19 AM EDT
To:

Thank you!!! So exciting!

Begin forwarded message:

From: "mytheresa.com" <info@reply.mytheresa.com>
Date: August 7, 2018 at 10:20:12 AM EDT
To: <blackened out>
Subject: mytheresa.com: confirmation of receipt us11388989

Mytheresa.com

NEW ARRIVALS——DESIGNERS——CLOTHING——SHOES——BAGS——ACCESSORIES

## CONFIRMATION OF RECEIPT - YOUR ORDERus11388989

Dear Mr. Jeffrey Epstein,

## CONFIRMATION OF RECEIPT - YOUR ORDERus11388989 (cont.)

Thank you for placing your order with <u>mytheresa.com.</u>

This email contains all details relating to your order.

If you have any questions regarding your order or require further assistance, please send us an email at <u>customercareAmytheresa.com</u> or visit our <u>contact page</u> for more information.

Please refer to the order number below when making any inquiries.

Best wishes,
Your <u>mytheresa.com</u> team

## PERSONAL ORDER INFORMATION

Order No.
us11388989

Billing Address
Jeffrey Epstein
9 East 71st Street
10021 New York
US

Payment Method
card type: Amex
Card number: xxxx-████

Date
2018-08-07 14:18:10

Shipping Method & Packaging Option
UPS Express
mytheresa.com packaging

Shipping Address
Kathy Ruemmler
1██████████████████████████
███████████████████████████
US

## PERSONAL ORDER INFORMATION (cont.)

## ITEMS ORDERED

FENDI
Fur-trimmed plaid wool coat
Size: 40
P00332395-2

lx $ 4,208.31
duties, handling*:-$ 591.69
$ 4,800.00

FENDI
Runaway Small leather shoulder bag
Size: -
P00337984-1

lx $ 1,744.70
duties, handling*:-$ 245.30
$ 1,990.00

Subtotal: $6,790.00
Shipping: $0.00
Grand Total: $6,790.00
excl. VAT incl. duties, handling

*Please note, customs duties and handling fees can only be refunded as voucher.

## ITEMS ORDERED (cont.)

# CUSTOMER CARE CONTACT INFORMATION

- Customer care (email): customercare@mytheresa.com
- Customer care (US phone): 1-888-550-9675

Company: mytheresa.com GmbH

Office
- Einsteining 9
- 85-60-9 Aschheim/Munich
- Germany

Logistics
- Marsstrasse 6 a-c
- 85-55-1 Kirchheim-Heimstetten
- Germany

Contact (company)
- Phone: +49 8-9 12-76-95---10-0
- Fax: +49 8-9 1-2-76-95---20-0
- Email: customercare@mytheresa.com

Bank / registration
- Bank: HypoVereinsbank München
- Acc. Number: 66-68-66-14-2
- BLZ: 70-02-02-70
- IBAN: DE8-57-002-027-00-66-68-66-14-2
- SWIFT/BIC: HYVEDEMM
- Registered office: Munich/Germany
- Commercial registry: Munich HRB 1-35-65-8
- VAT registration number: DE 2-13-277-271

Managing Directors
- Sebastian Dietzmann
- Michael Kliger
- Tracy M. Preston
- T. Dale Stapleton

# CUSTOMER CARE CONTACT INFORMATION (cont.)

This email was sent to: kathyruemmler@gmail.com

To ensure that our fashion alerts are directly sent to your inbox, please add info@reply.mytheresa.com to your contacts.

# GENERAL TERMS AND CONDITIONS OF BUSINESS

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## § 1 General

mytheresa.com GmbH, Einsteinring 9, 85-60-9 Aschheim/München, managing directors: Sebastian Dietzmann, Michael Kliger, Tracy M. Preston, T. Dale Stapleton, phone: +-4-9 8-9 1-27-69-5---0, info@mytheresa.com (hereinafter "mytheresa.com" or "we"), operates an online shop at the internet address www.mytheresa.com (the "Website"). All orders placed by you via the Website as well as our deliveries and services are governed exclusively by the General Terms and Conditions of Business set out below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.

The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform). which can be viewed under <u>httn-llec eurooa Work.</u>

We are not willing to enter into dispute resolution proceedings before the consumer arbitration board.

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## § 2 Contracts

1. The languages available for contracts depend on the country of destination selected:

<table><tr><th>Destination</th><th>Available languages</th></tr><tr><td>Germany</td><td>German. English</td></tr><tr><td>Austria</td><td>German. English</td></tr><tr><td>Switzerland</td><td>German. English. Italian, French</td></tr><tr><td>Italy</td><td>German. English. Italian</td></tr><tr><td>France</td><td>German. English. French</td></tr><tr><td>UK</td><td>English</td></tr><tr><td>USA</td><td>English</td></tr><tr><td>Japan</td><td>English</td></tr><tr><td>Middle East'</td><td>English, Arabic</td></tr><tr><td>Singapore</td><td>English</td></tr><tr><td>Hong Kong</td><td>English</td></tr><tr><td>China</td><td>English. Chinese</td></tr><tr><td>Korea</td><td>English, Korean</td></tr><tr><td>Australia</td><td>English</td></tr><tr><td>Netherlands</td><td>German. English</td></tr><tr><td>Other EU Member States</td><td>German, English. French</td></tr><tr><td>Non-EU European countries</td><td>English</td></tr><tr><td>Other destinations</td><td>English</td></tr></table>

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## § 2 Contracts (cont.)

Middle East: Bahrain, Qatar, Kuwait, Oman, Saudi-Arabia, UAE

2. The presentation of products on our Website does not constitute any offer by <u>°hither's* coif</u> for a purchase contract.

3. By submitting the order form provided on our Website to us you are placing a binding offer for a purchase contract with us. You submit an offer by entering all required information during the ordering process and posting the order form to us by using the button 'complete purchase'. Before you submit your offer you will be able to view the details input by you and correct any mistakes in the information provided.

4. On receipt of your order wo will send you an e•mail confirming receipt of your order and stating the details of your order (order confirmation). Please note that our order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.

5. A purchase contract between you and <u>mytherosa cons</u> will become effective only after we have accepted the offer by dispatching the goods ordered. If payment in advance was chosen as payment option, the goods will be dispatched only after the full amount has been credited to our account.

8. <u>kr ytheresa coin</u> has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the Internet are intended to be resold on a commercial basis.

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## § 3 Cancellation policy advisory

The cancellation policy applies solely to consumers under § 13 of the German Civil Code of Law.

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## CANCELLATION POLICY

You may repeal your contract of purchase within 14 days without having to state reasons.

The allocated cancellation timeframe Is 14 days, effective the day that you or an assigned third party, who may not be the carrierfcourier, took said commodities into their possession.

To administer your right to cancel your order, you have to inform us, mytheresa.com GmbH, Marsstrasse 6 a-c, 85551 Kirchheim-Heimstetten, Germany, customercare@mytheresa.com, Phone +4-9 8-9 1-27-69-5---10-0, Fax: +-4-9 8-9 1-27-69-5---20-0, by sending us an explicit declaration stating that you are repealing your contract of purchase (for example: by sending us a letter in the mail, fax, or an email). You may use the cancellation template that is attached; however, it is not mandatory to use this template.

It will suffice to send us your notification of repeal within the given cancellation timeframe in order for the 14-day cancellation timeframe to be granted.

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## CONSEQUENCES

If you repeal your contract of purchase, we are obligated to refund all payments that we have received from you, including shipping costs (excluding additional shipping costs that result from choosing a different shipping option, other than the regular standard shipping option that we offer) immediately and within 14 days at most, effective the day that we receive your repeal.

The payment method which was used to make the transaction will also be used for the

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## CONSEQUENCES (cont.)

reimbursement, unless we have explicitly agreed to something else. You will not be charged any fees for the reimbursement.

We reserve the right to withhold the reimbursement until we have received the returned items or until we have received your notification that you have returned the items, whichever comes first.

The items have to be sent back to us immediately and no later than fourteen days after the date on which you have notified us of the cancellation of this contract. The extended deadline will be granted if the items are sent back within fourteen days. All return shipments are at our expense.

You are only required to compensate us for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible proofing of the condition of the item, its characteristics and functionality.

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## REASONS TO TERMINATE THE CANCELLATION POLICY

The cancellation policy is only in place if the product bought hasn't been customised or altered. Personalisation of garments renders the cancellation policy inactive.

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## End of advisory

Cancellation template

You can download the cancellation template <u>here.</u> We will also send you a hard copy of the cancellation template as soon as the contract has been concluded.

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## § 4 Voluntary returns right

1. In addition to your legal right of return. <u>mvtheresa.com</u> also offers the following voluntary right of return:

All of the items featured on <u>myths:vas corn</u> can be returned to <u>mytheresa.com</u> within 30 days of receipt. The voluntary right of return only applies to non-faulty items that are in their original condition, have not been worn, altered or washed; with all tags attached.

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## 2. Return shipments

2.1. All return shipments will be at our expense, if the following provisions are complied with.

2.2 All return shipments are made solely using the same service as the original delivery (OHL or UPS) using the way bill or return sticker that is enclosed in the original package. The necessary documents and instructions for returning items will be enclosed in your package.

2.3 Pleas* note that we can only accept returns from the country which the shipment was sent to. If the shipment was sent to Austria. for instance, we can only accept a return from Austria.

2.4. In case of a return. we will refund the money onto your account/credit card. Potential losses due to currency fluctuations will not be refunded.

2.5. Please send all returns to: mytheresa.com GmbH, Marsstrasse 6 a-c, 85551 Kirchheim-Heimstetten, Germany, customercare@mytheresa.com.

3. If you have questions regarding our returns policy, please contact a customer service representative:

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## 2. Return shipments (cont.)

email: customercare@mytheresa.com
Phone: +49 89 127-69-5-1-0-0
Fax: +49 89 127-69-5-20-0

above-mentioned This voluntary cancellation right of return policy. does not limit your legal rights nor does it limit your right to the

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## § 5 Prices; product presentation; availability; Gift Card; promotion code

1. The prices stated on our Website <u>www.mytherese.com</u> at the time of your order apply.

2. The goods offered at <u>nwtherese.com</u> aro presented on the Website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.

3. If you have ordered several items at the same time, the products may be delivered at different times. Sec. 266 BGE1 remains unaffected. Shipping charges will be incurred only once in any such case.

4. Gift Card

4.1 The Gift Card can be used to purchase any article available on our website — except for additional Gift Cards — prior to its expiration date.

4.2 Exchanges or reimbursements of your gift card are only applicable in accordance with the return and withdrawal rights and conditions.

4.3 The Gift Card is only valid in countries that we ship to in the respective currencies, stated on our website. The Gift Card can only be used in the destination country, determined when purchasing the Gift Card.

4.4 When purchasing the Gift Card you may choose between sending the Gift Card per email or by regular mail.

4.5 <u>'wither'sa corn</u> reserves the right to cancel or block the Gift Card, if deemed necessary duo to legal reasons. for example, in case of loss or misuse of the Gift Card. You will be informed immediately by <u>rnvtheresa tore</u> in the case of cancelling or blocking the Gift Card.

5. Promotion Code

5.1 Promotion codes have different time periods of validity and are applicable for purchase of any product available on the website, except additional Gift Cards. To determine the validity period, please refer to the document which contains the promotion code.

5.2 Exchanges or reimbursements of promotion codes, which were part of a marketing promotion or which you may have received on behalf of <u>filvtherese corn</u> aro non•permissible. The disbursement of promotional codes is not permissible outside of the standard return timeframe stated in our terms and conditions.

5.3 <u>nwthortisthcom</u> reserves the right to cancel or block the promotion code. if deemed necessary due to legal reasons. for example. in case of loss or misuse of the promotion code. You will be informed immediately by <u>mytheresa.eCirn</u> in the case of cancelling or blocking the promotion code.

5.4 Return policy for orders purchased using a promotion code:

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## § 5 Prices; product presentation; availability; Gift Card; promotion code (cont.)

If you make use of legal right of return or our voluntary return policy, you will be reimbursed for the total amount of the returned items. If you are returning only one of the items from your order, the value of the promotion code will be adjusted accordingly, and only the amount relevant to the returned item will be refunded. The promotion code loses its validity proportionate to the worth of the returned item. If you are returning your complete ordor, the amount paid will bo refunded in full, but the promotion code can no longer be applied to future purchases. Please note that promotion codes from sales campaigns cannot be replaced or refunded

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## § 6 Storage of contract data

We store your order data. If you wish to print your order, you may do so by printing out an "acknowledgment of receipt'. II will appear on your screen once you have submitted your order to us by clicking the "complete purchase" button and your credit card details have boon verified.

In addition, you will receive an email order confirmation stating all details entered as well as the cancellation template. which can be printed.

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## § 7 Shipping & dispatch

1. Your package will be shipped with either DHL or UPS, depending on the final destination. In Germany. you may choose DHL Standard. DHL Express. UPS Express. or UPS Standard as your preferred shipping method. <u>Mvtheresa.com</u> is liable for any potential transport risks.

2. The goods will be ready for dispatch on or after the day following your order. Unless agreed otherwise. delivery will be made within 1 to 5 business days to the shipment address specified by customer. depending on the shipment method and place of delivery chosen. If payment in advance was chosen as payment option, the goods will be dispatched only after the full purchase price has been credited to our account.

3. Deliveries to non-EU destinations

3a) Deliveries to Switzerland

Based on experience. deliveries to Switzerland take 1 to 3 business days. Please be aware that we cover the insurance of the goods and all costs incurred for shipping documents. The product prices as indicated include value-added tax as applicable in Switzerland as well as customs and handling charges. but are exclusive of German value-added tax.

In case of a return, customs duties and handling fees can be refunded only as a voucher.

3b) Deliveries to Japan

Based on experience. deliveries to Japan take 2 to 5 business days. Please be aware that we cover the insurance of the goods and all costs incurred for shipping documents. The product prices as indicated include value-added tax as applicable in Japan as well as customs and handling charges. but are exclusive of German value-added tax.

In case of a return. customs duties and handling fees can be refunded only as a voucher.

3c) Deliveries to the USA

Based on experience, deliveries to the USA take 1 to 3 business days. Please be aware that we cover the insurance of the goods and all costs incurred for shipping documents. The product prices as indicated include customs and handling charges. but are exclusive of German value-added tax and US sales tax.

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## § 7 Shipping & dispatch (cont.)

In case of a return, customs duties and handling fees can be refunded only as a voucher.

3d) Deliveries to the Middle East

(GCC including: Bahrain, Kuwait. Oman. Oster. U.A.E. Saudi Arabia)

Based on experience, deliveries to the Middle East lake 1.4 business days. Please note that we bear the insurance costs of the merchandise as well as the costs for any accompanying documents. Product prices are shown inclusive of customs duties and handling fees. but exclusive of German sales tax.

In case of a return, customs duties and handling fees can be refunded only as a voucher.

3e) Deliveries to Hong Kong

Based on experience, deliveries to Hong Kong take 2-4 business days. Please note that we bear the insurance costs of the merchandise as well as the costs for any accompanying documents. Product prices are shown inclusive of customs duties and handling fees. but exclusive of German sales tax.

In case of a return. customs duties and handling fees can be refunded only as a voucher.

3f) Deliveries to Australia

Based on experience, deliveries to Australia take 2-5 business days. Please note that we bear the insurance costs of the merchandise as well as the costs for any accompanying documents. Product prices are shown inclusive of customs duties, handling fees, and goods and services tax but exclusive of German sales tax.

In case of a return, customs duties and handling fees can be refunded only as a voucher.

3g) Deliveries to Singapore

Based on experience, deliveries to Singapore lake 2-4 business days. Please note that we bear the insurance costs of the merchandise as well as the costs for any accompanying documents. Product prices are shown inclusive of all taxes and handling fees but exclusive of German sales tax.

In case of a return, customs duties and handling fees can be refunded only as a voucher.

3h) Deliveries to mainland China

Based on experience. deliveries to mainland China take 2 to 5 business days. Please be aware that we cover the insurance of the goods and all costs incurred for shipping documents. The product prices as indicated include value-added tax as applicable in mainland China as well as customs and handling charges, but are exclusive of German value-added tax.

In case of a return, customs duties and handling fees can be refunded only as a voucher.

3i) Deliveries to other destinations

Based on experience. deliveries to countries liable to customs duties take 2 to 5 business days. Please be aware that we cover the insurance of the goods and all costs incurred for shipping documents. The product prices as indicated are exclusive of value-added tax and customs duties. and are also exclusive of German value-added tax Please note that OHL will charge all import sales taxes, customs duties and

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## § 7 Shipping & dispatch (cont.)

handling charges separately for each country. For any questions about taxes and duties in your country, please e-mail to our Customer Care Team, <u>customercareamytheresa corn.</u> Please note that you will be responsible for any banking charges as may be incurred in foreign countries.

In case of a return. customs duties import sales taxes and DHL handling charges. will not be refunded.

4. Shipping charges

<table><tr><th>Destination</th><th>-Carrier</th><th>-Shipping costs</th><th>-Shipping times</th></tr><tr><td>Germany</td><td>-DHL Express</td><td>-19.00 EUR</td><td>1-2 business days</td></tr><tr><td>Germany</td><td>-DHL Standard</td><td>-5.95 EUR</td><td>-1-3 business days</td></tr><tr><td>Germany</td><td>-UPS Express</td><td>-19.00 EUR</td><td>1-2 business days</td></tr><tr><td>Germany</td><td>-UPS Standard</td><td>-5.95 EUR</td><td>-1-3 business days</td></tr><tr><td>Munich only</td><td>-Courier</td><td>-15.00 EUR</td><td>-3 hours max.</td></tr><tr><td>Austria</td><td>-UPS Express</td><td>-19.00 EUR</td><td>1-2 business days</td></tr><tr><td>Austria</td><td>-UPS Standard</td><td>-9.00 EUR</td><td>1-3 business days</td></tr><tr><td>Italy</td><td>-DHL Express</td><td>-19.00 EUR</td><td>-1-3 business days</td></tr><tr><td>Italy</td><td>-UPS Standard</td><td>-13.00 EUR</td><td>-1-4 business days</td></tr><tr><td>France</td><td>-DHL Express</td><td>-19.00 EUR</td><td>1-2 business days</td></tr><tr><td>France</td><td>-UPS Standard</td><td>-13.00 EUR</td><td>-2-3 business days</td></tr><tr><td>Switzerland</td><td>-DHL Express</td><td>-25.00 CHF</td><td>-1-3 business days</td></tr><tr><td>UK</td><td>-DHL Express</td><td>-16.00 GBP</td><td>1-2 business days</td></tr><tr><td>UK</td><td>-UPS Standard</td><td>-10.00 GBP</td><td>1-3 business days</td></tr><tr><td>USA</td><td>-DHL Express</td><td>-25.00 USD</td><td>-1-3 business days</td></tr><tr><td>USA</td><td>-UPS Express</td><td>-25.00 USD</td><td>1-2 business days</td></tr><tr><td>Japan</td><td>-DHL Express</td><td>-2,400 JPY</td><td>-1-4 business days</td></tr><tr><td>Middle East</td><td>-DHL Express</td><td>-20.00 EUR</td><td>-1-4 business days</td></tr><tr><td>Singapore</td><td>-DHL Express</td><td>-25.00 SGD</td><td>-2-4 business days</td></tr><tr><td>Hong Kong</td><td>-DHL Express</td><td>-200 HKD</td><td>-2-4 business days</td></tr><tr><td>China</td><td>-DHL Express</td><td>-25.00 EUR</td><td>-2-4 business days</td></tr><tr><td>Korea</td><td>-DHL Express</td><td>-20.00 EUR</td><td>-2-4 business days</td></tr><tr><td>Australia</td><td>-DHL Express</td><td>-20.00 AUD</td><td>-2-5 business days</td></tr><tr><td>Netherlands</td><td>-DHL Express</td><td>-19.00 EUR</td><td>-1-3 business days</td></tr><tr><td>Netherlands</td><td>-UPS Standard</td><td>-13.00 EUR</td><td>-2-3 business days</td></tr><tr><td>European Union</td><td>-DHL Express</td><td>-19.00 EUR</td><td>-1-3 business days</td></tr><tr><td>European Union (except Malta and</td><td>UPS Standard</td><td>_ 13.00 EUR</td><td>2-3 business days</td></tr><tr><td>Cyprus)</td><td></td><td></td><td></td></tr><tr><td>Non-EU European countries</td><td>-DHL Express</td><td>-34.00 EUR</td><td>-1-4 business days</td></tr><tr><td>Other Regions of Europe (AD, GG, IM,</td><td>_ UPS Standard</td><td>19.00 EUR</td><td>2-4 business days</td></tr><tr><td>JE, LI, NO)</td><td></td><td></td><td></td></tr><tr><td>Other destinations</td><td>-DHL Express</td><td>-20.00 EUR</td><td>-2-4 business days</td></tr></table>

Courier:

15.00 EUR, only in the Munich municipal area and only if paid by credit card, same day delivery if ordered by 16:30 h CET, Mondays to Fridays (except public holidays).

Shipping charges will be incurred only once for deliveries in instalments.

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## § 8 Payment; default in payment; setoff; right of retention

1. Accepted methods of payment

Please pay for your mytheresa.com order in South Korea by:

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## § 8 Payment; default in payment; setoff; right of retention (cont.)

[x] PayPal
[x] Visa
[x] Visa Debit
Master Card
✓ Master Card Debit
[x] American Express

To change your country of delivery, please click <u>toie.</u>

All payments and credit notes will be handled In the currency chosen for the purchase (see also currencies).

2. Payment using a Gift Card

2.1 When making a purchase using a Gift Card. simply enter the Gift Card code in the designated field at checkout. Click on "add code' in the last stop of the checkout. If the order amount exceeds the Gift Card balance. please select the payment method with which you wish to cover the remaining amount. If the Gift Card balance exceeds the order amount. you may use the same code for your next purchase. The amount remaining will be available until your credit balance has been used up completely. The disbursement of the remaining Gift Card balance is not possible.

3. Payment using a promotion code

3.1 When making a purchase using a promotion code, simply enter the promotion code in the designated field at checkout. Click on "add code" in the last step of the checkout. If the order amount exceeds the promotion code balance, please select the payment method with which you wish to cover the amount remaining.

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## 4. Set-off

The customer is barred from a set-off If the counter claim has no legal backing, was not unanimously decided upon, and is not undisputed or if a separate claim for damages is covered in the same sales contract.

5. Right of retention for commercial transactions

In mercantile trade. the right to the retention of goods and a service disclaimer by the customer cannot be enforced. with the exception of undisputed. legally determined counter claims or claims for damages covered in the same sales contract.

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## § 9 Retention of title

The goods delivered remain property of <u>mvtherose.com</u> until full payment has been made.

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## § 10 Inquiries, complaints

For any inquiries about your order or complaints. please contact our Customer Care Team:

email: customercare@mytheresa.com
phone: +49 89 127-69-5-10-0
fax: +49 89 127-69-5-2-00

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## § 10 Inquiries, complaints (cont.)

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## § 11 Warranty

Claims based on defects in the delivered goods shall be governed by the applicable legal provisions, to the exception that any claims for damages relating to defects shall be subject exclusively to section 12 below.

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## § 12 Liability

1. We accept unlimited liability for damage caused by intent or gross negligence. Our liability for breaches by ordinary negligence of any major obligations or secondary obligations whose breach puts the achievement of the contractual purpose at risk or whose fulfilment is essential to the due and proper performance of the contract and whose fulfilment customer could reasonably rely upon ('essential obligation'), shall be limited to foreseeable damage characteristic for the contract. We accept no liability for any breach by ordinary negligence of contractual obligations which are not essential obligations.

2. Nothing in this shall prejudice our liability in the event of fraudulent concealment of defects or a guarantee as to quality, for claims based on the Product Liability Act, and for damage caused by injury to life, limb or health. This shall not entail a reversal of the burden of proof to customer's disadvantage.

3. Any exclusion or limitation of the liability of <u>mvthoresa corn</u> shall extend also to the personal liability of its employees, members of staff, representatives <u>and</u> vicarious agents.

# GENERAL TERMS AND CONDITIONS OF BUSINESS (cont.)

## § 13 Governing law, severability

1. All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by German law to the exclusion of the UN Sales Convention.

2. If any provision is invalid nothing in this shall prejudice the validity of tho remaining provisions hereof.