TERMS AND CONDITIONS - THE OLD MAN KNIVES & TOOLS

Table of Content:

Article 1 - Definitions

Article 2 - Identity of the Entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

Article 6 - Right of withdrawal

Article 7 - Consumers’ obligations during the Withdrawal Period

Article 8 - Consumers who exercise their Right of Withdrawal and the costs involved

Article 9 - Entrepreneurs’ obligations in a case of withdrawal

Article 10 - Precluding the Right of Withdrawal

Article 11 - The price

Article 12 - Contract fulfilment and extra guarantee

Article 13 - Delivery and Execution

Article 14 - Extended duration transactions: duration, termination and prolongation

Article 15 - Payment

Article 16 - Intellectual Property

Article 17 - Privacy

Article 18 - Links

Article 19 - Promotional Giveaways

Article 20 - Age Limit

Article 21 - Questions and Complaints

Article 22 - Applicable Law and Competent Court

Article 23 - Additional or Different stipulations

Article 1 - Definitions

The following definitions apply in these terms and conditions:

1. Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
2. Day: calendar day;
3. Digital Content: data that are produced and supplied in digital form;
4. Distance Contract: a contract concluded between Entrepreneur and Consumer within the framework of system organized for the distance sale of products, Digital Content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
5. Durable Data Carrier: every means - including emails - that enables Consumer or Entrepreneur to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
6. Extended Duration Contract: a Distance Contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
7. Promotional Giveaway: a promotional giveaway to promote The Old Man Knives & Tools, its campaigns and products.
8. Promotional Period: the period in which participation in a promotional giveaway is possible.
9. Promotional Terms and Conditions: the conditions that are drawn up with regard to a specific promotional giveaway
10. Right of Withdrawal: the possibility for Consumer to waive a Distance Contract within the Withdrawal Period;
11. Supplementary Agreement: an agreement in which Consumer obtains products, Digital Content and/or services via a Distance Contract, and Entrepreneur or a third party delivers these products, Digital Content and/or services in accordance with an agreement between that third party and the Entrepreneur;
12. Technique for Distance Communication: means that can be used for communication regarding the offer made by Entrepreneur and concluding a contract, without the necessity of Consumer and Entrepreneur being in the same place at the same time.
13. Entrepreneur: a natural or legal person who offers products, (access to) Digital Content and/or services to Consumers from a distance;
14. Withdrawal Period: the period within which Consumer can make use of his Right of Withdrawal;

Article 2 - Identity of the Entrepreneur

Name Entrepreneur: Eberhardt Aziatische Kunst B.V. , doing business as The Old Man Knives & Tools

Registered address: Damstraat 16, 1012 JM Amsterdam, The Netherlands
Telephone number: +31 (0) 20 627 0043
Email address: knivesandtools@theoldman.com

Chamber of Commerce number: 34153363
VAT identification number: 809898895B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that has been realized between entrepreneur and consumer.
2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to consumer. If this is not reasonably possible, entrepreneur will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge to consumer, as quickly as possible, at consumer’s request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, consumer will be provided with the text of these general terms and conditions electronically, in such a way that consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, entrepreneur will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to consumer free of charge, either electronically or in some other way.
4. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, the agreement and these terms and conditions will remain in force and the relevant provision will be replaced immediately in mutual consultation by a provision that approached the purport of the original as closely as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
7. Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained "in the spirit" of these general terms and conditions.

Article 4 - The offer

1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable consumer to make a proper assessment of the offer. If entrepreneur makes use of illustrations, these will be a true representation of the products, digital content and/or services being offered. Entrepreneur is not bound by obvious errors or mistakes in the offer.
3. Every offer contains information that makes it clear to consumer what rights and obligations are related to the acceptance of the offer.
4. All images, specifications and information in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Article 5 - The contract

1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the contract is concluded electronically, entrepreneur will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If consumer is able to pay electronically, entrepreneur will take suitable security measures.
4. Entrepreneur may obtain information – within statutory frameworks – about consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives entrepreneur proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
5. Entrepreneur will send to consumer, at the latest when delivering a product, service or digital content, the following information, in writing, or in such a way that consumer can store it on an accessible durable data carrier:
   a) the office address of Entrepreneur’s business location where consumer can lodge complaints;
   b) the conditions under which consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;
   c) information on guarantees and existing after-sales service;
   d) the price, including all taxes on the product, service or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance contract;
   e) the requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite;
   f) if consumer has a right of withdrawal, the form for right of withdrawal.
6. In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:

1. When purchasing products, consumer has the right to dissolve a contract, without giving reasons, during a period of at least 14 Days. Entrepreneur is allowed to ask consumer for the reason of this dissolution, but consumer is under no obligation to state his/her reason(s).
2. The period stipulated in para. 1 commences on the day after the product was received by consumer, or a third party designated by consumer, who is not the transporting party, or:
3. If consumer has ordered several products: the day on which consumer, or a third party designated by consumer, received the last product. Entrepreneur may refuse a single order for several products with different delivery dates, provided he clearly informed consumer of this prior to the ordering process.
4. If delivery of a product involves different deliveries or parts: the day on which consumer, or a third party designated by consumer, received the last delivery or the last part.
5. With contract for the regular delivery of product during a given period: the day on which consumer, or a third party designated by consumer, received the first products.

Upon delivery of services and Digital Content that is not supplied on a material medium:

1. Consumer has the right to dissolve a contract, without giving reasons, for the supply of digital content that is not supplied on a material medium during a period of at least 14 days. The entrepreneur is allowed to ask consumer for the reason of this dissolution, but consumer is under no obligation to state his/her reason(s).
2. The period stipulated in para. 3 commences on the Day after the contract was concluded.

Extended Withdrawal Period for products, services and Digital Content that is not supplied on a material medium in the event a Consumer was not informed about the Right of Withdrawal:

1. If entrepreneur did not provide consumer with the statutorily obligatory information about the right of withdrawal or if the form for right of withdrawal was not provided, the withdrawal period ends twelve months after the end of the originally stipulated withdrawal period based on the previous paragraphs of this article.
2. If entrepreneur provided consumer with the information referred to in the previous paragraph within twelve months of the commencing date of the original withdrawal period, the withdrawal period shall end 14 days after the day on which consumer received the information.

Article 7 - Consumers’ obligations during the Withdrawal Period

1. During the withdrawal period, consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
2. Consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in para. 1.
3. Consumer is not liable for the product’s devaluation if entrepreneur did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded. 

Article 8 - Consumers who exercise their Right of Withdrawal and the costs involved

1. Consumer who wants to exercise his right of withdrawal shall report this to entrepreneur, within the withdrawal period, by means of the form for right of withdrawal or in some other unequivocal way.
2. As quickly as possible, but no later than 14 days after the day of reporting as referred to in para. 1, consumer shall return the product, or hand it over to (a representative of) entrepreneur. This is not necessary if entrepreneur has offered to collect the product himself. Consumer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.
3. Consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. In the case of products that are difficult to transport and difficult to pack, the entrepreneur can ask the consumer to send clear photos of the product to the entrepreneur before returning the product.
5. The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon consumer.
6. Consumer bears the direct costs of returning the product. If entrepreneur has not declared that consumer shall bear these costs or if entrepreneur indicates a willingness to bear these costs himself, then consumer shall not be liable to bear the costs of returning goods.
7. Consumer shall bear no costs for implementing services if:
   a) Entrepreneur did not provide consumer with the statutorily obligatory information about the right of withdrawal, the costs payable in the event of withdrawal or the form for right of withdrawal
8. Consumer shall bear no costs for the entire or partial supply of digital content that is not supplied on a material medium, if:
   a) Prior to delivery, he did not explicitly agree to commencing fulfilment of the contract before the end of the period of withdrawal;
   b) He did not acknowledge having lost his right of withdrawal upon granting his permission; or
   c) The entrepreneur neglected to confirm this statement made by the consumer
9. If consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.

Article 9 - Entrepreneurs’ obligations in a case of withdrawal

1. If entrepreneur makes it possible for consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt.
2. Entrepreneur reimburses consumer immediately with all payments, including any delivery costs entrepreneur charged for the returned product, though at the latest within 14 days after the day on which consumer reported the withdrawal. Except in cases in which entrepreneur has offered to retrieve the product himself, he can postpone refunding until he has received the product or until consumer proves he has returned the product, depending on which occurs earlier.
3. For any reimbursement, entrepreneur will use the same payment method that was initially used by consumer, unless consumer agrees to another method. Reimbursement is free of charge for consumer.
4. If consumer chose an expensive method of delivery in preference to the cheapest standard delivery, entrepreneur does not have to refund the additional costs of the more expensive method.

Article 10 - Precluding the Right of Withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

1. Products or services whose prices are subject to fluctuations on the financial market over which entrepreneur has no influence and which can occur within the period of withdrawal;
2. Contracts concluded during a public auction. A public auction is defined as a sales method whereby entrepreneur offers products, digital content and/or services at an auction, under the directions of an auctioneer, and whereby the successful purchaser is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full completion of the service, but only if:
   a) implementation started with the explicit prior agreement of consumer; and
   b) consumer declared having lost his right of withdrawal as soon as the entrepreneur had completed the contract in full;
4. Package travel as referred to in Article 7: 500 of the Dutch Civil Code and passenger transport contracts;
5. Service contracts providing access to accommodation, if the contract already stipulates a certain date or period of implementation and other than for the purpose of accommodation, the transport of goods, car rental services and catering;
6. Contracts relating to leisure activities, if the contract already stipulates a certain date or period of implementation;
7. Products manufactured or adjusted according to consumer’s specifications, which were not prefabricated and were made based on consumer’s specific choice or decision, or which are clearly intended for a specific person;
8. Products subject to rapid decay or with a limited shelf-life;
9. Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;
10. Products that, due to their nature, have been irretrievably mixed with other products;
11. Alcoholic drinks whose price was agreed when concluding the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which entrepreneur has no influence;
12. Sealed audio/video-recordings and computer apparatus whose seal was broken after delivery;
13. Newspapers or magazines, with the exception of subscriptions to these;
14. The delivery of digital content other than on a material medium, but only if:
    a) the delivery commenced with consumer’s explicit prior agreement, and
    b) consumer declared that this implied his having lost his right of withdrawal. 

Article 11 - The price

1. During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
   a) these are the result of statutory regulations or provisions; or
   b) the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
5. Special transport prices may apply to some products, such as custom-made transport. The entrepreneur will clearly state this. If the consumer is interested in such a product, he / she must make this clear to the entrepreneur. The entrepreneur will then come up with a price proposal. The purchase agreement is only concluded when the consumer agrees to this proposal. In the event that a purchase agreement is concluded in this way, any prices stated on the website are no longer applicable.
6. The prices stated in the offer of products or services include VAT.
7. All prices are subject to printing and typesetting errors, as well as errors made in (online) content. No liability is accepted for the consequences of the aforementioned errors. With these errors, the entrepreneur is not obliged to deliver the product at the wrong price.
8. Discount promotions cannot be combined. Discount on discount is therefore not possible. When there are several discount promotions that can overlap each other, only the discount promotion that is most advantageous for the consumer applies.

Article 12 - Contract fulfilment and extra guarantee

1. Entrepreneur guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed entrepreneur also guarantees that the product is suited for other than normal designation.
2. An extra guarantee arrangement offered by entrepreneur, manufacturer or importer can never affect the statutory rights and claims that consumer can enforce against the entrepreneur on the grounds of the contract if the entrepreneur failed to fulfill his part in the contract.
3. An extra guarantee is defined as every commitment of entrepreneur, his supplier, importer or manufacturer that grants consumer rights or claims, in excess of those provided by law, for the event that he fails to fulfil his part in the contract.

Article 13 - Delivery and Execution

1. Entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is deemed to be the address that consumer makes known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders within Europe expeditiously, but no later than 30 days, unless a different delivery period has been agreed. The above also applies to orders accepted from outside Europe, however, the final delivery period for such an order is 60 days. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to possible compensation.
4. Following dissolution in accordance with the previous paragraph, entrepreneur refunds consumer immediately the sum he had paid.
5. The risk of damage and/or loss of products rests upon entrepreneur up to the moment of delivery to consumer or a representative previous designated by consumer and announced to entrepreneur, unless this has explicitly been agreed otherwise. 

Article 14 - Extended duration transactions: duration, termination and prolongation

Termination

1. Consumer has a right at all times to terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a period of notice that does not exceed one month.
2. Consumer has a right at all times to terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.
3. With respect to contracts as described in the first two paragraphs, consumer can:
   - terminate them at all times and not be limited to termination at a specific time or during a specific period;
   - terminate them in the same way as that in which they were concluded;
   - always terminate them subject to the same period of notice as that stipulated for entrepreneur.

Prolongation

1. A fixed-term contract that was concluded for the regular supply of products (including electricity) or services may not be automatically prolonged or renewed for a fixed period of time.
2. In departure from that which is stated in the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be automatically prolonged for a fixed term that does not exceed three months, if consumer is at liberty to terminate this prolonged contract towards the end of the prolongation, with a period of notice that does not exceed one month.
3. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if consumer has at all times the right to terminate, with a period of notice that does not exceed one month and, in the case of a contract to supply daily or weekly newspapers or magazines regularly but less than once per month, a period that does not exceed three months.
4. A fixed term contract for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial subscriptions or introductory subscriptions) will not be automatically prolonged and will automatically terminate at the end of the trial period or introductory period.

Duration

1. If the fixed-term of a contract exceeds one year, then after one year consumer has at all times a right to terminate, with a period of notice that does not exceed one month, unless reasonableness and fairness dictate that premature termination of the contract would be unacceptable.

Article 15 - Payment

1. As far as no other date is stipulated in the contract or supplementary conditions, sums payable by consumer should be paid within 14 days after commencement of the withdrawal period, or in the absence of a withdrawal period within 14 days after the conclusion of the contract. In the case of a contract to provide a service, this 14-day period starts on the day after consumer received confirmation of the contract.
2. When selling products to consumers, the general terms and conditions may never stipulate an advance payment in excess of 50%. Where advance payment is stipulated, consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
3. Consumer is obliged to report immediately to entrepreneur any inaccuracies in payment data provided or stated.
4. If a consumer fails to fulfil his payment obligation(s) in good time, after entrepreneur has informed consumer about the late payment, consumer is allowed 14 days in which to fulfil the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed and entrepreneur has the right to charge reasonable extrajudicial costs of collection he has incurred.

Article 16 – Intellectual Property

The buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the products and / or with regard to the internet site rest with The Old Man Knives & Tools, its suppliers or other entitled parties.

Article 17 – Privacy

The personal details as provided by consumer, for placing of an order will, be processed in accordance with the Privacy Statement. The entrepreneur will observe the applicable privacy regulations and legislation.

Article 18 – Links

The Old Man Knives & Tools site may contain advertisements from third parties or links to other sites. The Old Man Knives & Tools has no influence on and is not responsible for the privacy policy of these third parties or their sites.

Article 19 –Promotional Giveaways

1. Promotional terms and conditions will be drawn up for a promotional giveaway. In Promotional Terms and Conditions it is possible to deviate from these General Terms and Conditions. Any deviation from the General Terms and Conditions will be explicitly stated.
2. Participation in competitions is open to everyone who resides in the Netherlands and has reached the age of 18, hereinafter referred to as "Participant (s)".
3. By participating in a promotional giveaway, the Participant agrees to the Promotion and General Terms and Conditions.
4. The Promotion Periods will be clearly communicated at the start and during the Promotion Period.
5. Prizes are not transferable or exchangeable for cash. Exchanging prizes is also excluded
6. In case of suspicion of fraud or unlawful influencing of the results, the entrepreneur reserves the right to exclude the Participant from participating in a promotional giveaway.
7. The entrepreneur is not liable for any (consequential) damage of Participants or third parties that may arise in any way from a promotional giveaway.
8. In cases not provided for in the General Terms and Conditions and Promotional Terms and Conditions, the entrepreneur decides.
9. The entrepreneur reserves the right, at its sole discretion and without prior notice, to terminate, interrupt or change a promotion giveaway and / or to change the Promotion Terms and Conditions, if the circumstances so require, without being obliged to pay compensation in any way to Participants. The most current Promotional Terms and Conditions can be found on the website at all times
10. No guarantee can be given with regard to the correctness, reliability, changes or content of the web pages of a promotional giveaway. The entrepreneur is in no way responsible for unsuccessful attempts to participate in a promotional giveaway.
11. All intellectual property concerning texts, images, lay-out, software or other information regarding a promotional giveaway belong to the entrepreneur.
12. Dutch law applies to a promotional giveaway and the Promotion Terms and Conditions. All disputes in connection with this will be submitted to the competent court in Amsterdam.
13. For questions or complaints about a promotional giveaway, the entrepreneur can be contacted via knivesandtools@theoldman.com.
14. The entrepreneur will only process the data of the Participants in accordance with its privacy statement.

Article 20 – Age Limit

1. The entrepreneur does not sell products that can be used to chop, cut and / or shoot, or otherwise products that, in addition to normal use, can also be used to injure someone else, to persons under the age of 18. The entrepreneur goes to great lengths to check the age and intentions of the consumer.
2. Consumer must identify himself to purchase such products. This also applies to online orders. The age will be checked upon delivery.
3. In the case of the purchase of such products, the consumer declares by concluding the agreement to be at least 18 years old.
4. The consumer declares that he has no malicious or violent intent related to the use of such products.
5. In case of doubts, the entrepreneur can always refuse the sell and / or delivery of such products. The same applies to delivery services and sales partners.
6. These terms also apply when our products are purchased through our sales partners.

 

Article 21 – Questions and Complaints

1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. Complaints can be submitted by emailing knivesandtools@theoldman.com.
4. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
5. The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement.
6. If you are not satisfied with the handling of your complaint, you can contact the European online dispute resolution platform (ODR platform).

Article 22 – Applicable Law and Competent Court

1. All agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Applicability of the Vienna Sales Convention is expressly excluded.

Article 23 – Additional or Different stipulations

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.