Terms and Conditions

General Terms and Conditions

TZS FIRST E Commerce GmbH

valid from 01-07-2021

I. Validity and Scope

1.1. These General Terms and Conditions (GTC) apply to all deliveries of goods and to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with us, TZS FIRST E Commerce GmbH. These GTC apply mutatis mutandis to contracts for the delivery of vouchers, unless expressly stated otherwise.

1.2. We reserve the right to change these GTC at any time without prior notice. However, the changes apply only to new orders and do not affect orders placed before the amended GTC were published on the website.

1.3. Deviating conditions (e.g., general business, purchase, or payment conditions) of the customer are not applicable. They do not apply even if they are not expressly contradicted again at the time of contract conclusion. The same applies to conflicting regulations contained in offers, order confirmations, specifications, invoices, or similar documents, or arising from law (if permissible), trade custom, or business practice.

II. Storage and Inspection of the General Terms and Conditions

2.1. The customer can view these General Terms and Conditions on the website https://www.firstaustria.com/informationen/agb. The customer can also print and save this document.

2.2. When placing an order in the online shop, the customer – if they have created a user account before placing the order – can also archive and retrieve the data of their order free of charge. The customer can also wait for the order confirmation, which will be sent to them by e-mail to the e-mail address provided by them after completing their order. This order confirmation e-mail will again contain the data of their order and these GTC and can be easily printed or saved.

III. Conclusion of Contract for Online Orders

3.1. The customer can submit an offer via the order form integrated into the online shop. After placing the selected goods in the shopping cart and going through the ordering process, the customer submits a legally binding offer to contract for the goods contained in the shopping cart by clicking the button that concludes the ordering process.

3.2. The receipt of the order will be confirmed to the customer immediately. The order confirmation does not constitute a legally effective declaration of acceptance, but merely informs the customer that the order has been transmitted correctly.

3.3. Order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by them for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, the customer must ensure, when using SPAM filters, that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3.4. The contract is only concluded by the acceptance of the order in the form of a written order confirmation or by actual compliance by sending the ordered goods, and in any case within 14 days. The customer is bound by their order for 5 days – subject to any existing right of withdrawal for consumer orders.

3.5. If the ordered items are no longer available or the order cannot be accepted for other reasons, the customer will be informed. Payments already made by the customer will be refunded immediately.

3.6. The information provided in the online shop – such as descriptions and illustrations – is only for the purpose of determining the goods, is only approximate, and does not constitute quality specifications unless expressly designated as binding in writing. No liability is assumed for calculation, typing, and/or printing errors.

IV. Delivery

4.1. Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate shipment.

4.2. The goods will be delivered at the customer's expense, by a carrier, to the delivery address specified in the order, unless otherwise agreed. Deviating from this, if PayPal is selected as the payment method, the delivery address stored by the customer with PayPal at the time of payment is decisive. Self-collection is not possible for logistical reasons.

4.3. The transport of the goods by a carrier is in any case considered approved by the customer.

4.4. The goods will only be shipped after payment has been received.

4.5. The goods shall also be deemed delivered if they are not picked up immediately after notification of readiness for shipment by the delivery date or if delivery is not possible due to reasons attributable to the customer.

4.6. The stated delivery dates are non-binding. Therefore, no liability is assumed for late deliveries. The delivery time will be extended appropriately in cases of force majeure affecting delivery. Force majeure includes strikes, lockouts, official interventions, energy and raw material shortages, unforeseen transport bottlenecks, unforeseen operational disruptions, for example, due to fire, water, and machine damage, and all other impediments which, from an objective point of view, were not culpably caused by us. The beginning and end of such obstacles will be communicated to the customer – if possible – immediately. If the impediment to performance in the aforementioned cases lasts for a period of more than 8 weeks after the originally applicable delivery times, the customer is entitled to withdraw from the contract. Further claims, in particular for damages, do not exist.

4.7. The goods are packaged as is customary in the industry. During transport by third parties, the goods will only be insured against transport damage, transport losses, or breakage upon written order of the customer, and then at their expense and for their account. Outwardly recognizable transport damage must be reported immediately upon receipt of the goods, and its nature and extent must be communicated in writing without delay.

4.8. The goods offered in the online shop are delivered within the EU.

4.9. Unless otherwise stated, deliveries usually take place within 14 days after receipt of payment for the ordered goods.

V. Prices and Payment Terms

5.1. The prices for online orders are determined by the information in the online shop. All stated prices, unless otherwise indicated, are in € (Euro) including VAT. Packaging and shipping costs, if applicable, will be calculated and shown separately. The prices of individual items, shipping costs, and the total price are expressly stated during the order process.

5.2. The customer has the payment methods displayed at the end of the order process at their disposal. However, we reserve the right to restrict the selection of payment methods.

5.2.1. Payment via PayPal: When paying via 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 (hereinafter: "PayPal"), under the PayPal user agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. PayPal is an international payment service with which you can securely, quickly, and conveniently send and receive payments online. Payments are exclusively processed through a PayPal account of the buyer and one of the seller.

5.2.2. Payment via Amazon Pay

5.2.3. Payment via Klarna Payments - For further information, please contact Klarna Customer Service here.

5.2.4. Payment via Global Payments (Debit Card, Credit Card)

5.3. The customer expressly agrees to the invoicing and transmission of invoices electronically in accordance with § 11 para 2 second subparagraph of the Umsatzsteuergesetz (Value Added Tax Act).

5.4. Invoices are due for payment immediately, unless otherwise agreed; for agreed payment terms, the payment period begins on the invoice date; in case of late payment, any granted discounts and other remunerations (in particular bonuses) shall be deemed forfeited.

5.5. Any refund of payments made by the customer will be made in the original form of payment.

VI. Retention of Title

6.1. The delivered goods remain our property until full payment has been made.

VII. Consumer's Right of Withdrawal

7.1. For consumers within the meaning of § 1 KSchG (Consumer Protection Act), a statutory right of withdrawal applies in accordance with the Fern- und Auswärtsgeschäfte-Gesetz (FAGG - Distance and Off-Premises Contracts Act). A consumer is any natural person who acts for purposes that are not related to their commercial, business, or professional activity. The following provisions apply to contracts concluded outside the company's business premises, i.e., also remotely via online shop, e-mail, or telephone.

7.2. As a consumer, the customer can withdraw from their declaration of contract (order) in accordance with § 11 FAGG within 14 days without stating any reasons. The withdrawal period is fourteen days from the day on which the customer or a third party designated by them, who is not the carrier, took possession of the goods.

7.3. If the information obligations are not fulfilled, the withdrawal period is 12 months from the day the goods are received by the consumer. If the information is provided within this period, the period is 14 days from the date the information was provided.

7.4. To exercise the right of withdrawal, the consumer must inform

TZS FIRST E Commerce GmbH

Raimundgasse 1/8, A-1020 Vienna, Austria,

E-Mail info@firstaustria.eu

by means of a clear statement (e.g., a letter sent by post, fax, or e-mail) of their decision to withdraw from this contract. Consumers can also fill out and submit a clear declaration electronically on our website.

7.5. The consumer can use the sample withdrawal form provided on the website for consumers https://www.firstaustria.com/informationen/widerrufsbelehrungen, which is not mandatory.

7.6. To comply with the withdrawal period, it is sufficient for the consumer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

VIII. Consequences of Withdrawal

8.1. If the customer withdraws from this contract in accordance with point VII., all payments received from them, including delivery costs (with the exception of additional costs resulting from the customer choosing a different type of delivery than the standard delivery offered), must be repaid immediately and at the latest within fourteen days from the day on which the notification of withdrawal from this contract was received. For this repayment, the same payment method will be used that the customer used in the original transaction. The deadline is met if the customer sends the goods before the expiry of the fourteen-day period. Repayment can be refused until the goods have arrived at the specified return address or until the customer has provided proof that they have returned the goods, whichever is the earlier date.

8.2. The customer must bear the costs for the return shipment – except for returns within Germany or Austria.

8.3. The goods must be returned in packaging suitable for shipping.

8.4. Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination is decisive or which are clearly tailored to the personal needs cannot be revoked.

8.5. The goods must be returned or arrive at the specified withdrawal address in new, unused original condition. For inspection and, in the event of signs of use being found, the deduction of appropriate compensation from the refund of the purchase price is reserved. The customer only has to compensate for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary for checking their condition, properties, and functionality.

IX. Warranty

9.1. For consumers within the meaning of the KSchG, the statutory provisions apply, which provide a warranty period of 2 years for movable goods. For entrepreneurs, we provide a warranty of 12 months from delivery of the goods. The goods are in proper condition and have the usual properties. We are only liable for special properties if these have been expressly promised in writing. In the case of justified complaints about defects, either free replacement or repair will be carried out, for which a reasonable period must be granted. If an exchange or repair is not possible (not possible, too expensive, unreasonable, etc.), the customer is entitled to a price reduction or, if the defect is not minor, to cancellation of the contract (redhibition).

9.2. No warranty is provided for production and material-related deviations in color shades. Minor or other changes to the performance or delivery obligation that are reasonable for the customer are deemed approved in advance.

9.3. Defects that occur must be reported upon delivery or when they become apparent, whereby a failure to report upon delivery or when they become apparent by a consumer does not affect their warranty claims. If the purchase is a business transaction for the customer, they must examine the goods immediately upon receipt and immediately report any defects found in writing. If the notice of defect is not properly and timely raised, the goods are deemed to have been properly accepted and approved, unless it is a defect that was not recognizable during inspection. Such defects must be reported immediately after discovery, otherwise the goods are also deemed approved with regard to this defect. The assertion of warranty claims or claims for damages as well as the right to contest due to error based on defects are excluded in these cases.

9.4. The inspection of the goods merely by random samples is not considered a proper inspection.

9.5. The assignment of warranty claims is excluded.

9.6. When shipping goods in business transactions, the risk of loss or damage to the goods passes to the entrepreneur as soon as the goods are delivered to the carrier.

9.7. When shipping goods in consumer transactions, the risk of loss or damage to the goods only passes to the consumer when the goods are delivered to the consumer or to a third party designated by them, who is not the carrier.

X. Liability

10.1. If the customer is an entrepreneur, liability is only assumed for intentional and grossly negligent breaches, with the exception of personal injury, subject to the following provisions. Any liability is limited to typically foreseeable damages to the customer and to the amount of the contractually agreed and, at maturity, paid remunerations for the underlying services. Liability for lost profits, consequential damages, indirect and indirect damages is excluded in all cases. Any claim for damages can, otherwise, only be asserted in court within six months after the claimant has become aware of the damage, but at the latest within two years after the purchase of the goods.

10.2. If the customer is a consumer, liability for slightly negligent breaches of duty is excluded, except for breaches of essential contractual obligations and for personal injury. In the event of slightly negligent breaches of essential contractual obligations, liability is limited to typically foreseeable damages to the customer and to the amount of the contractually agreed and, at maturity, paid remunerations for the underlying services. Liability for lost profits, consequential damages, indirect and indirect damages is excluded in all cases.

10.3. We perform our services with the greatest care, but are not liable for services provided by third parties or obtained from third parties.

XI. Redemption of Promotional Vouchers

11.1. Vouchers issued by us free of charge as part of promotional campaigns with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in our online shop and only within the specified period. There is no possibility of cash redemption and no retroactive crediting to already ordered products. Vouchers can only be redeemed for a limited time and lose their validity on the date stated in the terms and conditions of the specific voucher.

11.2. Some promotional vouchers are limited to specific product groups or individual items or contain further special product restrictions. Offers are only valid while stocks last. There is no entitlement to replacement items, replacement vouchers, or price reductions. Shipping costs and other fees also apply to items from promotions, provided that these would also apply without a voucher. There is no entitlement to a partial or full replacement of a promotional voucher.

11.3. Only one promotional voucher can be redeemed per order.

11.4. The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by us. If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by us can be chosen to settle the difference. The credit of a promotional voucher is neither paid out in cash nor does it bear interest.

11.5. The promotional voucher will not be refunded if the customer returns goods paid for entirely or in part with the promotional voucher within the scope of their statutory right of withdrawal.

11.6. The promotional voucher is intended for use only by the person named on it. A transfer of the promotional voucher to third parties is excluded. We are entitled to check the material entitlement of the respective voucher holder.

XII. Environmental Notice (Waste Electrical and Electronic Equipment and Waste Batteries)

12.1. Waste electrical and electronic equipment and waste batteries must not be disposed of with household waste.

12.2. As consumers, customers are legally obliged to dispose of old appliances separately from household waste and, for example, to hand them in at a collection point. Waste electrical and electronic equipment is accepted there free of charge. This ensures that old appliances can be recycled properly and negative effects on the environment are avoided.

12.3. As consumers, customers are also obliged to take batteries to a suitable collection point. Customers can return batteries free of charge after use either in their immediate vicinity (e.g., in retail stores or at municipal collection points).

12.4. The symbol with the crossed-out wheeled bin means that batteries and accumulators must not be disposed of in household waste. Below this symbol, the following symbols with the following meaning can also be found:

Pb: Battery contains lead

Cd: Battery contains cadmium

Hg: Battery contains mercury

XIII. Data Protection

13.1. The security and strictly confidential handling of personal data are our top priority. We always process personal data in accordance with the applicable data protection regulations.

13.2. Detailed information on data protection can be found in our privacy policy, which is available at https://www.firstaustria.com/informationen/datenschutz.

13.3. The customer confirms that they have taken note of our privacy policy.

XIV. Final Provisions

14.1. Should one or more provisions of these GTC be wholly or partially invalid, or lose their validity at a later date, the validity of the remaining provisions shall not be affected thereby.

14.2. The contract is subject to Austrian law, excluding national and supranational conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods.

14.3. The place of performance is Vienna. If a customer is a consumer within the meaning of the KSchG, the court in whose district the customer's domicile, usual place of residence, or place of employment is located shall have jurisdiction for any legal disputes. In all other cases, the competent court in Vienna is agreed upon.

14.4. The European Commission (EU) provides a platform for online dispute resolution (ODR): http://ec.europa.eu/consumers/odr/. This platform serves as a contact point for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

14.5. All messages, graphics, and the design of the website are for personal information only and are protected by copyright.