General Business Terms

between

Artedona AG
Gut Keferloh 1a

Registered seat of the company: Grasbrunn Munich County Court HRB 127425 VAT Id. no.: DE 812779422

Management Board: Petra Beyer, Alexander Luft Chairman of the Supervisory Board: Klaus Left

hereinafter "Artedona"

and

the customer described in Subclause 1.2 of the General Business Terms

hereinafter "Customer"

## 1. Scope and contractual partners:

## 1.1 Scope

These General Business Terms (abbreviation in German: 'AGEE') shall apply to all business relationships between the Customer and Artedona in their version which is valid at the time of the Order for delivenes of all kinds. which Artedona provides towards its Customer insofar as no contradictory wntten agreements are reached in a purchase or Other contract concluded between Artedona and the Customer. Legally relevant declarations and notifications of the Customer after conclusion of Cancella-tion the contract or reduction), (e.g setting require of a deadlines, written form reports in order of defects. to be valid. declaration of

## 1.2 Contractual partners

The offer of Artedona is onented to consumers and entrepreneurs. Consumers are transac-tion according for a purpose. to § 13 BGB which [Civil can Code] neither natural be attnbuted persons, to whO ther conclude commercial a legal nor their accord-ing capac-ity, self•employed to who § 14 or which BOB professional natural act upon persons conclusion activity or ("private legal of a entities legal purpose'). transaction or partnerships Entrepreneurs while with performing legal we their commercial or independent professional activity.

## 2. Conclusion of the contract:

All offers of Artedona are •without obligation.

## 2.1. For purchase contracts via the Online-Shop www.artedona.com or by e-mail

<u>repre-sent</u> The offer an offer of Artedona for conclusion in the of Internet a purchase under <u>contract, wyny.artedona but merely corn</u> an does imitation not yet to submit such an offer. In case of orders via <u>www.artedona.com</u> the Customer shall Only Submit an offer for conclusion Of 8 purchase contract with Artedona when it sends the fully completed order farm via the button "submit your order'. After receipt of this offer the Customer shall receive an electronic confirmation from Artedona about the receipt of the order. in which the data and the articles ordered by the Customer are listed once again. This electronic confirmation does not yet represent an acceptance of the offer by Artedona With this Artedona merely satisfies its statutory obligations according to § 312g Par. 1 S I No 3 BGB. The purchase contract between the Customer and Artedona shall only be concluded with the despatch of an order confirmation or the delivery of the goods,

in case of orders by e-mail the Customer submits an offer for conclusion of a purchase contract with Artedona with the sending of an email to Artedona. After processing of this offer the Customer shall receive from Modena an electronic order confirmation of the order, in which the data and the articles ordered by the Customer are listed. The contract shall be concluded between Artedona and the Customer with the receipt of this order confirmation.

## 2.2. <u>For purchase contracts in distance saltine by telephone. by letter or fax</u>

Tne order of the Customer by telephone represents an offer for conclusion of a purchase contract with Artedona. Within the framework of the telephone cal Anedona confirms INS Order for the Customer. This confirmation does not yet represent any acceptance of the contract. In case of orders by letter or fax the Customer submits an offer for conclusion of a purchase contract with Artedona with the sending of this letter or fax to Artedona. After the processing of the offer received by telephone. by letter or by fax the Customer shall receive a written order confirmation from Artedona, in which the data and the articles ordered by the Customer are listed. The contract shall be concluded between Artedona and the Customer with the receipt of this order confirmation.

3. Instructions for revocation:

## <u>3.1 Right to revocation</u>

The right to revocation shall only apply to consumers within the meaning of § 13 BOB:

## <u>3,1.1 Right to revocation for purchase contracts via tho Online-Shop lenvw.artedona.com or by email</u>

You can revoke your contractual declaration within 14 days without stating any reasons in a text form (e.g. letter, fax e-mail) or - if the object is handed over to you before the expiry of the deadline - also by returning the object. The deadline shal begin after receipt of these instructions in a text form, however not before the receipt of the goods at the recipient (with the recumng delivery of similar goods informa-ben not before obligations receipt according of the first to Article partial delivery) 246 § 2 in nor conjunction before satisfaction with § 1 Par. of our 1 and 2 EGBGB [Introductory Act to the German Civil Code] as well as our obligations according to § 312g Par. 1 Sentence 1 BOB in conjunction with Article 246 § 3 EGBGB. safe-guard the The deadline timely for sending revocation. of the The revocation revocation or the is to object be sent is sufficient to: to

- by led
• by lax

- by emai

<u>tele-phone, 3.1.2 Right by letter to revocation or by fax for purchase contracts In distance Wilms by</u>

You can revoke your contractual declaration within 14 days without stating any reasons in a text form (e.g. letter. lax. ermal) or - if the object is handed over to you before the expiry of the deadline - also by returning the object. The deadline shall begin after receipt ol these instructions in a text torn. however not before the receipt of the goods al the recipient (with the recumng delivery of similar goods not informa-tion before obligations receipt according of the first to Article partial delivery) 246 § 2 in nor conjunction before satisfaction with § 1 Par. of our I and 2 EGBGB. safe-guard the The deadline timely for sending revocation. of the The revocation revocation or the is to object be sent is sufficient to: to

- by letter

- by fax:

- by e-mail:

<u>3.2 Consequences of revocation In</u> the event of an effective revocation the services <u>received</u> by both <u>parties</u> we to De refunded and any drawn benefits (e.g. interest) are to be handed over. If you cannot refund or nand over the received service as well as benefits (e g benefits of use) to us or partly not or only in a delenorated condition you must pay us compensation for the value accordingly. You must tiny pay compensation for the value for the detenoration Of the object and for drawn benefits insofar as the benefits or the deterioration is a result of a handling of the object, which goes beyond the examination of the properties and the functioning. Under 'examination of the properties and the functioning' one understands the leafing and sampling of the respective goods as is possible and customary for example in a store. Objects which are capable of shipment as parcels are to be returned at our nsk. You have to bear the regular costs for the return shipment if the delivered goods correspond with those which were adored and if the pre° Of the object which is to be returned does not exceed an amount of Euro 40 or if with a higher pnce of the object at the time of the revocation you have not yet paid the consideration or a contractually agreed instalment payment. Otherwise the return shipment is free of charge for you. Objects which cannot be sent as parcels will be picked up from your location. Obligations to reimburse payments must be satisfied within 30 days. The deadline shall begin for you with the sending of your declaration of revocation or the object, for us with their receipt. End of the Instructions for revocation

## 3.3 Exclusion of the revocation:

The nght to revocation shall not exist for

• goods. which are produced according to the specifications of the Customer (e.g. with engraving) or

• goods. which are not offered on the Artedona website at the time of the order and are exclusively procured al the Customers request or

• goods. which we not suitable for <u>returning owing to their condition.</u>

## 3.3 Exclusion of the revocation: (cont.)

imme-diately 4. Terms within of delivery: three (3) Artedona workdays shall to the deliver address goods stated which by you. can be The delivered delivery times for products which are not in stock depend on the product and are stated on our webste for each product. The delivery is as a rule carried out by UPS, at the request of the customer also by OFIL, The shipping costs depend on the country of delivery and are published on our webste. Should it not be possible to adhere to the expected delivery date Artedona shall inform you hereof and notify you of the deliver-ies. new Arledona delivery date. reserves Artedona the nght is entitled to not carry to also out carry the out order the if the order ordered in partial goods are not available or not in lime, or cannot be delivered owing to insufficient quality. In this case Artedona shall inform you immediately and reimburse a possibly already made payment.

5. Prices. The prices slated on the website <u>yivnv Modena corn</u> apply. These include the applicable rale of value added tax and <u>we</u> deemed plus shipping costs. For deliveries to Switzerland and Norway the prices include the Swiss or the Norwegian value added tax and the costs for the customs clearance, For delrvenes to the USA the prices include the costs for the customs clearance and the customs duties. For deliveries to other countries outside of the EU the costs for the customs clearance and the customs duties will be invoiced separately.

8. Payment and default of payment: Artedona offers the payment by credit card. by direct debit (only in Germany). by advance payment, by cash on delivery and against invoice. In case of payment by credit card or by direct debt the invoice pay-ment amount against shall be invoice debited you on undertake the day of to the settle shipment the invoice of the amount goods. within In case 14 of days after races pi of the goods and the invoice without deduction insofar as not explicitly otherwise agreed. In case of default of payment Artedona reserves the right to charge interest on default in the amount of 5% above the respective base lending rale of the European Central Bank.

7. Rights to offset or of retention: The Customer shall only be entitled to nghtS to offset or of retention insofar as his claim has been declared final and binding or is undisputed or the Customer asserts reports of defects or counter-clams from reten-tion the same if his counter-claim purchase contract. is based The on Customer the same may purchase only exercise contract. his right of

8. Warranty. Artedona assumes the warranty within the framework of the statutory regulations. Each defect is to be reported immediately in writing. In the even of warranty Artedona reserves the right to ether replace or repair goods, which prove to be faulty. Should these measures have failed twice the customer is entitled. al his choice, to reduce the purchase price paid for these goods or to cancel the order of the faulty goods The cancellation is excluded in case of an only insign-ficant defect

9. Product presentations and guarantees. The product presentations on the webste can deviate in colour and impression from the actual articles. References to the products do not represent any guarantee. An additional guarantee only exists with the goods delivered by Artedona if this was explicitly submitted in the order confirmation for the respective article.

10. Liability. The liability of Artedona is onented to the following provisions:

10.1 Artedona shall be liable for damages, which are caused by it or its legal representatives or vicanous agents by wilful intent or gross negligence, unlimited with respect to the amount.

- 10.2 For damages from the injury to life. body or health Artedona shall also be liable with own. slightly negligent breach of duty or that of its legal representatives or vicarious agents unlimited with respect to the amount.

- 10.3 In case of negligent breaches of duty Modena shall be liable for damages !Torn the broach of essential contractual duties, without which it is not possible to achieve the object of the contract and the compliance with which the Customer foresee-able can as damages a rule rely for upon. the contract. limited This with respect shall apply to the accordingly amount to to the the typically negligent breach of essential contractual duties of the legal representatives, executive bodies or vicarious agents of Artedona.

- 10.4 Except in the event of wilful intent and gross negligence Artedona shall not be liable for indirect damages, such as e.g. additional work. missed profits or savings which were not achieved.

10.5 The above limitations to liability of Subctauses 10.3 to 10.4 shall not apply insofar as Merlon maliciously fated to disclose a defect or assumed a guarantee for the condition of the goods.

unaf-fected. 10.6 Claims of the Customer according to the Product Liability Act remain

## 11. Data protection:

custom-ers 11,1 according Artedona to only and co/loots. in line with processes the relevant and uses data the protection personal provisions data of the of the Federal Republic of Germany, in particular the Federal Data Protection Act (BDSG) and the Telemedia Act (TIAG).

11.2 The data collected from the Customer within the framework of his order shall be processed and used by Artedona for establishing. executing and terminating the contractua relationship with the Customer, in particular also for [Aloest-ale warranty claims. Personal data of the Customer will only be forwarded to third parties if and insofar as this is necessary for executing the contract. in particular for carrying out the delivery.

11.3 Information concerning the previous payment conduct and creditworthiness information based on mathematical-statistical processes by using address data of customers, who are based in Germany, Austna or in Switzerland will be procured by Artedona with the existence of a justified interest for Germany from Infosccre Consumer Data GmbH, Rheinstr. 99, 76532 Baden-Baden, for Switzerland from Dalai/isle AG. Resbachsstr. 61. CH-8008 Zurich and for Austria from Dellavista GmbH, Diefenbachgasse 35, A-1150 Vienna. which as credit agencies store data for providing information.

- 11.4 Anedona undertakes to treat all personal data confidentially and to protect these against each unauthorized access. Address data of the Customer such as name, address, title. academic title or reference toindustry shall only be used for marketing purposes by Artedona and companies affiliated with it according to §§ 15 ff. Ak1G (Companies Act) if the Customer has not objected to the use of these objec-tion dale in for this advertising respect when purposes. initiating The the Customer contract. shall be referred to his nghl to

11.5 The use of the e-mail address for advertising purposes is only carried out if ac-cordingly the Customer to the has use granted of such his data consent for market in this or respect. opinion The research. same shall apply

11.6 Further explanations relating to the subject of data protection can be called on www.artedona.com under the heading "Privacy policy" or via the link www.artedona.com/privacy-policy or are available through the Artedona customer service.

12. Statute-of-limitations. Possible clams for damages against Arledona. with the exception of clams for damages from illicit act. shall become statute-barred according to the statutory regulations, by no later however than after hvo years from the provIsicn of the service. upon which the clam is based.

13. prop-erty Reservation of Artedona. of The title: Customer Until the undertakes full payment to inform the goods Artedona shall reman of all accesses the of third parties to the goods which are subject to the reservation of title (reserved deliv-ered dam-ages goads). to suffered a in country. particular to the in of which reserved enforcement the goods afore-mentioned measures immediately. or reservation other Insofar seizures as of the title and goods is of not all are effective in full the Customer undertakes to procure an equivalent security for Artedona.

14. Assignment. The Customer is only entitled to assign the rights from the contract with the prior consent of Artedona - with the exception of payment clams. The consent may only be refused for an important reason.

15. Place of performance: The place of performance is Grasbrunn near Munich.

18. Place of jurisdiction: The courts in Munich exclusively have jurisdiction for all disputes from or in connection with the contract or these terms and conditions insofar as the Customer is a merchant or legal entity under public law.

17. SeverabIllty: Should one or several provisions of the contract a these terms provi-sions. respec-tive and national conditions law be this or become shall have invalid no effect or unenforceable on the validity or of be the replaced remaining by

18. Choice of law: The contractual relationships between the parties are subject to German law under the exclusion of the UN Convention on the International Sae of Goods

In case of contracts with consumers in the EU, Switzerland and Norway mandatory legal regulations of another EU member state, of Switzerland or of Norway – insofar as the consumer has his customary place of stay therein – are to be applied instead of German law if and insofar as these regulations are more favourable for the consumer.