Terms and Conditions

<h1>Terms and Conditions with Customer Information</h1>
<h2>Table of Contents</h2>
<p>Scope of Application</p>
<p>Conclusion of Contract</p>
<p>Right of Withdrawal</p>
<p>Prices and Payment Terms</p>
<p>Delivery and Shipping Conditions</p>
<p>Retention of Title</p>
<p>Liability for Defects (Warranty)</p>
<p>Liability</p>
<p>Redemption of Promotional Vouchers</p>
<p>Redemption of Gift Vouchers</p>
<p>Applicable Law</p>
<p>Place of Jurisdiction</p>
<p>Alternative Dispute Resolution</p>
<h2>1) Scope of Application</h2>
<p><strong>1.1</strong> These Terms and Conditions (hereinafter "T&C") of ANTS & FRIENDS GmbH (hereinafter "we/us") apply to all contracts for the delivery of goods that you as a consumer or entrepreneur (hereinafter "you") conclude with us via our online shop. We hereby object to the inclusion of your own terms and conditions unless otherwise agreed.</p>
<p><strong>1.2</strong> These T&C shall apply accordingly to contracts for the delivery of vouchers unless otherwise regulated.</p>
<p><strong>1.3</strong> You are a consumer within the meaning of these T&C if you conclude a legal transaction for purposes that predominantly cannot be attributed to your commercial or self-employed professional activity.</p>
<p><strong>1.4</strong> You are an entrepreneur within the meaning of these T&C if you are a natural or legal person or a legal partnership acting in the exercise of your commercial or self-employed professional activity when concluding a legal transaction.</p>
<h2>2) Conclusion of Contract</h2>
<p><strong>2.1</strong> The product descriptions in our online shop do not constitute binding offers on our part but serve to submit a binding offer by you.</p>
<p><strong>2.2</strong> You can submit the offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding offer to purchase the goods in the cart by clicking the button that completes the order process. Alternatively, you may also submit your offer via email.</p>
<p><strong>2.3</strong> We may accept your offer within five days by:</p>
<p>sending you a written or textual order confirmation (fax or email), whereby receipt of the confirmation by you is decisive; or</p>
<p>delivering the ordered goods to you, whereby receipt of the goods by you is decisive; or</p>
<p>requesting payment from you after placing your order.</p>
<p>If more than one of the above alternatives applies, the contract is concluded at the time one of the above alternatives occurs first. The period for acceptance of your offer begins on the day after you submit the offer and ends at the end of the fifth day following the submission. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection, and you shall no longer be bound by your declaration of intent.</p>
<p><strong>2.4</strong> If you choose a payment method offered by PayPal, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), under PayPal’s terms of use, available at <a href="https://www.paypal.com/de/webapps/mpp/ua/useragreement-full" target="_blank">https://www.paypal.com/de/webapps/mpp/ua/useragreement-full</a> or – if you do not have a PayPal account – under the terms for payments without a PayPal account, available at <a href="https://www.paypal.com/de/webapps/mpp/ua/privacywax-full" target="_blank">https://www.paypal.com/de/webapps/mpp/ua/privacywax-full</a>. By selecting a PayPal payment method, we hereby accept your offer at the moment you click the button concluding the order process.</p>
<p><strong>2.5</strong> When submitting an offer via our online order form, the contract text is stored by us after conclusion and sent to you in text form (e.g., email, fax, or letter). Further access to the contract text is not provided. If you have created a user account before placing your order, the order data will be archived on our website and can be accessed by you free of charge via your password-protected user account.</p>
<p><strong>2.6</strong> Before submitting your binding order, you can detect potential input errors by carefully reading the information displayed on the screen. A useful technical means for better recognition of input errors can be the browser’s zoom function. You can correct your entries during the ordering process at any time using the usual keyboard and mouse functions until you click the button completing the order.</p>
<p><strong>2.7</strong> Different languages are available for the conclusion of the contract. The specific language selection is shown in the online shop.</p>
<p><strong>2.8</strong> Order processing and contact generally occur via email and automated processing. You must ensure that the email address provided for order processing is correct so that emails sent by us can be received. In particular, when using spam filters, ensure that all emails sent by us or third parties commissioned by us can be delivered.</p>
<h2>3) Right of Withdrawal</h2>
<p><strong>3.1</strong> Consumers generally have a right of withdrawal.</p>
<p><strong>3.2</strong> Further information on the right of withdrawal can be found in our withdrawal policy.</p>

<h2>4) Prices and Payment Terms</h2>
<p><strong>4.1</strong> Unless otherwise stated in the product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.</p>
<p><strong>4.2</strong> The payment options will be communicated in our online shop.</p>
<p><strong>4.3</strong> If you select a payment method offered via "Shopify Payments," the payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The individual payment methods offered via Shopify Payments will be communicated in our online shop. Stripe may use additional payment services, for which special payment terms may apply; you will be informed separately if applicable. More information on "Shopify Payments" is available at <a href="https://www.shopify.com/legal/terms-payments-de" target="_blank">https://www.shopify.com/legal/terms-payments-de</a>.</p>

<h2>5) Delivery and Shipping Conditions</h2>
<p><strong>5.1</strong> If we offer shipment of goods, delivery shall be made within the delivery area specified by us to the delivery address you provided, unless otherwise agreed. The delivery address specified during our order process is decisive.</p>
<p><strong>5.2</strong> If delivery fails for reasons attributable to you, you shall bear the reasonable costs incurred. This does not apply to the costs for the initial delivery if you validly exercise your right of withdrawal. For return shipping costs under withdrawal, the provisions of our withdrawal policy shall apply.</p>
<p><strong>5.3</strong> If you are acting as an entrepreneur, the risk of accidental loss and deterioration of the goods transfers to you upon handover to the shipping company. If you are a consumer, the risk transfers only upon delivery to you or an authorized recipient. Exception: if you have independently commissioned a carrier not named by us, the risk transfers to you upon handover to that party.</p>
<p><strong>5.4</strong> We reserve the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if we are not responsible for the failure to deliver and we have concluded a covering transaction with due diligence. In case of unavailability or partial availability, you will be informed immediately and refunded without delay.</p>
<p><strong>5.5</strong> Pickup by the customer is not possible for logistical reasons.</p>
<p><strong>5.6</strong> Vouchers will be provided as follows:</p>
<p>via download</p>
<p>via email</p>

<h2>6) Retention of Title</h2>
<p>If we deliver in advance, we retain title to the delivered goods until the purchase price has been fully paid.</p>

<h2>7) Liability for Defects (Warranty)</h2>
<p>Unless otherwise provided below, statutory provisions apply regarding liability for defects. For contracts for the delivery of goods, the following applies:</p>
<p><strong>7.1</strong> If you act as an entrepreneur:</p>
<ul>
<li>we have the right to choose the type of subsequent performance;</li>
<li>for new goods, the limitation period for defect claims is one year from delivery;</li>
<li>for used goods, rights for defects are excluded;</li>
<li>the limitation does not start anew if replacement delivery is made within the warranty.</li>
</ul>
<p><strong>7.2</strong> The limitations above do not apply:</p>
<ul>
<li>to your claims for damages or reimbursement of expenses,</li>
<li>if we have fraudulently concealed the defect,</li>
<li>to goods used according to their typical use in a building and causing its defectiveness,</li>
<li>to our obligation to provide updates for digital products, in contracts for goods with digital elements.</li>
</ul>
<p><strong>7.3</strong> For entrepreneurs, statutory limitation periods for any right of recourse remain unaffected.</p>
<p><strong>7.4</strong> If you are a merchant under § 1 HGB, the inspection and notification obligations under § 377 HGB apply. If you fail to comply, the goods shall be deemed approved.</p>
<p><strong>7.5</strong> If you are a consumer, we ask you to report obvious transport damages to the carrier and notify us. Failure to comply does not affect your statutory or contractual claims for defects.</p>

<h2>8) Liability</h2>
<p>We shall be liable to you for all contractual, quasi-contractual, and statutory, including tortious, claims for damages and reimbursement of expenses as follows:</p>
<p><strong>8.1</strong> We are liable without limitation:</p>
<ul>
<li>in cases of intent or gross negligence,</li>
<li>for injury to life, body, or health caused intentionally or negligently,</li>
<li>for any guarantee promises (unless otherwise provided),</li>
<li>in cases of mandatory liability (e.g., under the Product Liability Act).</li>
</ul>
<p><strong>8.2</strong> In the event of negligent breach of essential contractual obligations, our liability is limited to foreseeable, typical damages unless unlimited liability applies as above. Essential contractual obligations are those that are necessary to fulfill the purpose of the contract and on whose compliance you may rely.</p>
<p><strong>8.3</strong> Otherwise, liability is excluded.</p>
<p><strong>8.4</strong> These liability provisions also apply to our legal representatives and vicarious agents.</p>

<h2>9) Redemption of Promotional Vouchers</h2>
<p><strong>9.1</strong> Promotional vouchers issued free of charge for a limited period and not purchasable ("Promotional Vouchers") can only be redeemed in our online shop during the specified period.</p>
<p><strong>9.2</strong> Certain products may be excluded from the promotion if stated on the voucher.</p>
<p><strong>9.3</strong> Promotional vouchers must be redeemed before the order is completed. Subsequent redemption is not possible.</p>
<p><strong>9.4</strong> Only one promotional voucher can be redeemed per order.</p>
<p><strong>9.5</strong> The value of the goods must equal or exceed the voucher value. Any remaining credit will not be refunded.</p>
<p><strong>9.6</strong> If the value is insufficient, you may use one of the other payment methods offered.</p>
<p><strong>9.7</strong> Credit from promotional vouchers is neither paid out in cash nor interest-bearing.</p>
<p><strong>9.8</strong> Promotional vouchers are not refunded if goods paid partially or fully with a voucher are returned.</p>
<p><strong>9.9</strong> Vouchers are transferable. We may make payment with discharging effect to the holder redeeming the voucher unless we are aware or grossly unaware of their lack of entitlement or authority.</p>

<h2>10) Redemption of Gift Vouchers</h2>
<p><strong>10.1</strong> Gift vouchers purchased via our online shop ("Gift Vouchers") can only be redeemed in the online shop unless otherwise stated.</p>
<p><strong>10.2</strong> Gift vouchers and remaining balances are redeemable until the end of the third year after purchase. Remaining credit is credited until expiration.</p>
<p><strong>10.3</strong> Gift vouchers must be redeemed before the order is completed. Subsequent redemption is not possible.</p>
<p><strong>10.4</strong> Multiple gift vouchers may be redeemed per order.</p>
<p><strong>10.5</strong> Gift vouchers can only be used to purchase goods, not other gift vouchers.</p>
<p><strong>10.6</strong> If insufficient, a different payment method may be used for the remaining balance.</p>
<p><strong>10.7</strong> Voucher credit is not paid out in cash or interest-bearing.</p>
<p><strong>10.8</strong> Gift vouchers are only valid for the named person and cannot be transferred. We are entitled but not obliged to verify the identity of the voucher holder.</p>

<h2>11) Applicable Law</h2>
<p>The law of the Federal Republic of Germany applies to all legal relationships between you and us, excluding international sales law. If you are a consumer, this choice of law applies only insofar as it does not deprive you of the protection afforded by mandatory provisions of the law of the country in which you reside.</p>

<h2>12) Place of Jurisdiction</h2>
<p>If you are a merchant, legal entity under public law, or a special fund under public law based in Germany, the exclusive place of jurisdiction is our registered office. If you are based outside Germany and the contract pertains to your professional or commercial activity, our registered office is also the exclusive place of jurisdiction. However, we may also choose to bring action at your place of business.</p>

<h2>13) Alternative Dispute Resolution</h2>
<p>We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but we are willing to do so.</p>
<p>Last updated: June 10, 2025, 13:05</p>