GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

TABLE OF CONTENTS

1. Scope of Application

2. Conclusion of Contract

3. Right of Withdrawal

4. Prices and Payment Conditions

5. Delivery and Shipping Conditions

6. Retention of Title

7. Warranty

8. Special Conditions for Processing Goods According to Specific Customer Specifications

9. Applicable Law

10. Alternative Dispute Resolution

11. SCOPE OF APPLICATION 1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Hassan Nadir Butt, trading under "TOPSTAR" (hereinafter referred to as the "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as the "Customer") with the Seller regarding the goods displayed by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Hassan Nadir Butt, trading as "TOPSTAR" (hereinafter referred to as the "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as the "Customer") with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer, as defined in these Terms and Conditions, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.3 An entrepreneur, as defined in these Terms and Conditions, is a natural or legal person or a legal partnership with the capacity to enter into legal transactions who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the online shop of the Seller do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, the Customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, email, or online contact form.

2.3 The Seller can accept the Customer's offer within five days by:

• sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
• delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
• requesting payment from the Customer after the Customer has placed their order.

If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed as a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4  If the Customer selects a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal, the Seller hereby declares their acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 Before the Customer submits a binding order via the online order form of the Seller, the contractual text is stored by the Seller and is sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order. The Seller does not make the contract text accessible beyond this. If the Customer has created a user account in the online shop of the Seller before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login information.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which enlarges the display on the screen. The Customer can correct their inputs within the framework of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8  Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is accurate, so that they can receive emails sent by the Seller. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered when using spam filters.

3) RIGHT OF WITHDRAWAL

3.1 In principle, consumers are entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) PRICES AND PAYMENT CONDITIONS

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including statutory value-added tax. Any additional delivery and shipping costs that may be incurred will be indicated separately in the respective product description.

4.2The available payment methods will be communicated to the customer in the seller's online shop.

4.3  If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

4.4  If a payment method offered via the "PayPal" payment service is selected, payment processing will be carried out through PayPal, which may also use the services of third-party payment service providers. If the seller also offers payment methods through PayPal where the seller assumes the risk of non-payment (e.g., invoice purchase or installment payment), the seller assigns its payment claim to PayPal or the payment service provider specifically designated by PayPal and named to the customer. Prior to accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the customer data transmitted. The seller reserves the right to refuse the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment installments. In this case, the customer can only make payment to PayPal or the payment service provider designated by PayPal with a debt-discharging effect. However, even in the event of the assignment of the claim, the seller remains responsible for general customer inquiries regarding the goods, delivery time, shipment, returns, complaints, withdrawal declarations and submissions, or credits.

4.5 If the payment method "invoice purchase" is selected, the purchase price becomes due upon delivery and invoicing of the goods. In this case, the purchase price must be paid within 7 (seven) days after receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method "invoice purchase" up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of such payment restrictions in the payment information provided in the online shop.

5) DELIVERY AND SHIPPING CONDITIONS

5.1 If the seller offers shipping of the goods, the delivery will be made to the delivery address specified by the customer within the delivery area indicated by the seller, unless otherwise agreed. The delivery address specified in the order processing of the seller is decisive for the processing of the transaction.

5.2  If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. Regarding the return costs, the regulations stated in the seller's cancellation policy shall apply when the customer effectively exercises their right of withdrawal.

5.3  If the customer acts as a business entity, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally pass to the customer upon delivery of the goods to the customer or a person authorized to receive the goods. However, in the case of consumers, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment, provided that the customer has instructed the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of non-correct or improper self-supply. This shall only apply if the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due diligence. The seller shall make reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately, and the consideration will be refunded promptly.

5.5  If the seller offers the goods for collection, the customer can pick up the ordered goods during the seller's specified business hours at the seller's specified address. In this case, no shipping costs will be charged.

6) RETENTION OF TITLE

If the seller makes an advance payment, they retain ownership of the delivered goods until the purchase price owed has been paid in full.

7) WARRANTY

7.1 Unless otherwise provided below, the statutory provisions regarding liability for defects shall apply. In the case of contracts for the delivery of goods, the following shall apply:

7.2 If the customer is acting in the course of their business

• the seller has the choice of the type of subsequent performance;
• for new goods, the warranty period for defects is one year from the date of delivery of the goods;
• for used goods, the seller excludes rights and claims for defects;
• the limitation period does not restart if a replacement delivery is made within the scope of the liability for defects.

7.3 The limitations of liability and shortening of deadlines set out above do not apply

• for claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
• for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the customer is a merchant within the meaning of the German Commercial Code (HGB), the customer is subject to the commercial duty to examine and give notice of defects as specified in Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the obligations to give notice of defects as specified there, the goods shall be deemed to have been approved.

7.6 If the customer is a consumer, the customer is requested to report obvious transport damages to the seller and to inform the seller accordingly. Failure to comply with this request shall not affect the customer's legal or contractual warranty claims.

8) SPECIAL CONDITIONS FOR PROCESSING GOODS ACCORDING TO CUSTOMER-SPECIFIC SPECIFICATIONS

8.1  If, according to the content of the contract, the seller is also obliged to process the goods according to specific customer specifications, the customer must provide the seller with all content necessary for processing, such as texts, images, or graphics, in the file formats, formatting, image, and file sizes specified by the seller and grant the necessary rights of use. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for ensuring that they have the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights, in particular copyright, trademark, or personal rights, are infringed.

8.2The customer shall indemnify the seller against any claims asserted by third parties due to the contractual use of the customer's content that infringes their rights. The customer shall also assume the necessary costs of legal defense, including all court and attorney's fees in the statutory amount, in this regard. This shall not apply if the infringement is not attributable to the customer. The customer is obligated to provide the seller with all information necessary for examining the claims and conducting a defense if they are claimed by third parties, promptly, truthfully, and completely.

8.3 The seller reserves the right to reject processing orders if the content provided by the customer for this purpose violates statutory or regulatory prohibitions or goes against good morals. This particularly applies to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

9) APPLICABLE LAW

For all legal relationships between the parties, the laws of the Federal Republic of Germany shall apply, excluding the laws on the international sale of goods. This choice of law shall only apply to consumers to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

10) ALTERNATIVE DISPUTE RESOLUTION

10.1 The European Commission provides a platform for online dispute resolution, which can be found at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

10.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.