AGB

General Terms and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Optionless) via the website optionless.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is hereby rejected.

(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) By listing the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the product description via the online shopping cart system.

(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time.
After accessing the "checkout" page and entering the personal data as well as the payment and shipping conditions, you will finally be shown the order overview.

If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as your payment method, you will either be taken to the order overview page of our online shop or redirected to the website of the provider of the instant payment system. If redirected to the respective instant payment system provider, make the appropriate selection or enter your data there. Afterwards, either on the provider's website or after returning to our online shop, your order details will be displayed as an order overview.

Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the order. By submitting the order via the corresponding button ("place binding order" or similar wording), you legally accept the offer, thereby concluding the contract.

(4) Your inquiries for creating an offer are non-binding for you. We will provide you with a binding offer in text form (e.g., by e-mail), which you can accept within 5 days (unless another period is specified in the offer).

(5) Order processing and the transmission of all information necessary for the conclusion of the contract take place by e-mail, partially automated. You must therefore ensure that the e-mail address you provided to us is correct and that the receipt of e-mails is technically ensured, particularly not blocked by SPAM filters.

§ 3 Special Agreements on Payment Methods Offered

(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:

• Invoice: The payment term is 30 days from the dispatch of the goods/tickets or, for other services, from the provision of the service. Full terms for the countries where this payment method is available can be found here: Germany.

• Installment Purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments according to the terms specified at checkout. Payment by installments is due at the end of each month after receiving a monthly invoice from Klarna. More information on installment purchases, including the general terms and conditions and the European standard information for consumer credit, can be found here (only available in specified countries): Germany.

• Sofortüberweisung (Instant Transfer): Available in Germany. Your account will be debited immediately after placing the order.

The use of payment methods Invoice and/or Installment Purchase and/or Direct Debit requires a positive credit check. In this respect, we forward your data to Klarna within the scope of the initiation and processing of the purchase contract for the purpose of address and credit checks. We can only offer you payment methods that are permissible based on the results of the credit check.

Further information and Klarna's terms of use can be found here. General information about Klarna is available here. Your personal data will be processed by Klarna in accordance with the applicable data protection regulations and as stated in Klarna's Privacy Policy.

Further information about Klarna can be found here. The Klarna App is available here.

§ 4 Right of Retention, Retention of Title

(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following applies additionally:

a) We retain ownership of the goods until all claims from the ongoing business relationship are settled in full. Pledging or transfer by way of security is not permitted prior to the transfer of ownership of the reserved goods.

b) You may resell the goods in the ordinary course of business. In this case, you assign to us already now all claims arising from such resale in the amount of the invoice value – we accept the assignment. You remain authorized to collect the claims, but we may also collect the claims ourselves if you do not meet your payment obligations properly.

c) If the reserved goods are combined and mixed with other goods, we acquire co-ownership of the new goods in proportion to the invoice value of the reserved goods to the other processed goods at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 5 Warranty

(1) Statutory warranty rights apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only deemed agreed if you were informed about it before making your contractual declaration and the deviation was expressly and separately agreed between the parties.

(4) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:

a) Only our own specifications and the manufacturer's product description are deemed agreed as the quality of the goods, but not other advertising, public promotions, and statements by the manufacturer.

b) In the event of defects, we provide warranty at our discretion by repair or replacement. If the repair fails, you can demand a reduction in price or withdraw from the contract. Repair is deemed to have failed after a second unsuccessful attempt unless something else results from the nature of the goods or defect or the other circumstances.

c) The warranty period is one year from delivery of the goods. The limitation does not apply to:

• Damages attributable to us arising from injury to life, body, or health, or gross negligence;

• If we have fraudulently concealed a defect or assumed a guarantee for the quality;

• For goods that were used for a building and caused its defectiveness;

• In the case of statutory recourse claims.

§ 6 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. In the case of consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favorability).

(2) The place of performance for all services from business relations as well as jurisdiction is our place of business if you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU or if your domicile or usual place of residence is not known at the time the action is brought.

(3) The provisions of the UN Sales Convention expressly do not apply.