GENERAL TERMS AND CONDITIONS OF ESTHER PERBANDT

1 Scope of Application and Provider

(1) These General Terms and Conditions apply to all orders placed with the online shop of

esther perbandt, Almstadtstraße 3, 10119 Berlin. Managing Director: Esther Perbandt

(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.

(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. Towards businesses, these General Terms and Conditions therefore also apply to all future business relationships, even if they are not expressly agreed again. Any inclusion of a customer's own general terms and conditions that contradict our General Terms and Conditions is hereby objected to.

(4) The contract language is exclusively German and English.

(5) You can access and print the currently valid General Terms and Conditions on the website www.estherperbandt.com.

2 Formation of Contract

(1) The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation for you to order goods in the online shop.

(2) By clicking the "BUY NOW" button, you submit a binding offer to purchase (Section 145 of the German Civil Code, BGB).

(3) After receiving your purchase offer, you will receive an automatically generated email confirming that we have received your order (order receipt confirmation). This receipt confirmation does not yet constitute acceptance of your purchase offer. No contract is formed by this receipt confirmation.

(4) A purchase contract for the goods is only formed once we expressly declare acceptance of the purchase offer (order confirmation) or once we dispatch the goods to you without a prior express declaration of acceptance.

3 Prices

The prices stated on the product pages include statutory value added tax and other price components, and are exclusive of the applicable shipping costs. Further information on shipping costs can be found on our website.

4 Payment Terms; Default

(1) Payment may be made, at your option, by:

Credit card, PayPal, Klarna, Amazon Pay

(2) The selection of the payment methods available in each case is at our discretion. In particular, we reserve the right to offer you only selected payment methods for payment, for example to safeguard against credit risk, offering only advance payment.

(3) If advance payment is selected as the payment method, we will provide our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation (currently unavailable).

(4) When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (authorisation). Your credit card account is actually charged at the time we dispatch the goods to you.

(5) When paying with PayPal, you will be redirected during the ordering process to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there, or register first, authenticate yourself with your access data, and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. Further information is provided during the ordering process. The payment transaction is then carried out automatically by PayPal immediately afterwards.

(6) When paying by direct debit, you may be liable for any costs arising from a chargeback of a payment transaction due to insufficient funds in the account or due to incorrectly provided bank details (currently unavailable).

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

• Invoice: The payment term is 14 days from dispatch of the goods/ticket, or, for other services, from the provision of the service. The full invoice terms for the countries in which this payment method is available can be found here: Germany, Austria.
• Instant bank transfer: Available in Germany and Austria. Your account is debited immediately after the order is placed.
• Direct debit: The debit takes place after the goods have been dispatched. You will be informed of the exact time by email.
• Credit card (Visa/Mastercard): Available in Germany. The debit takes place after dispatch of the goods or tickets, availability of the service, or, in the case of a subscription, in accordance with the communicated timing.

Use of the payment methods invoice, instalment purchase and direct debit is subject to a positive credit check. To this end, we forward your data as part of the purchase initiation and processing of the purchase contract to Klarna for the purpose of address and credit checks. Please understand that we can only offer you those payment methods that are permitted 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 is processed by Klarna in accordance with applicable data protection regulations and as set out in Klarna's privacy policy.

(8) Amazon Pay allows you, as an Amazon customer, to enter data and pay by using the details already stored in your account (both delivery address and payment information).

One of the advantages for you as an Amazon customer is that you can use Amazon Pay without any additional steps. With Amazon Pay, you can use the payment method you already use on Amazon.com to pay for all goods and services you find on third-party sites where Amazon Pay is offered. Your credit card stored with Amazon will be charged as usual for an Amazon purchase.

(9) If you default on a payment, you are obliged to pay statutory default interest at a rate of 5 percentage points above the base rate. A reminder fee of EUR 2.50 will be charged for each reminder letter sent to you after default occurs, unless a lower or higher amount of damage is proven in an individual case. For payments made via Klarna, the reminder fee may differ. For information on the applicable fees, please contact Klarna support.

5 Set-off / Right of Retention

(1) You are only entitled to set off claims if your counterclaim has been legally established, is undisputed, or has been acknowledged by us, or stands in a close reciprocal relationship (synallagmatic relationship) to our claim.

(2) You may only exercise a right of retention insofar as your counterclaim arises from the same contractual relationship.

6 Delivery; Retention of Title

Delivery & Retention of Title

(1) We only ship to: within Europe (including Switzerland and the United Kingdom), to the USA and Canada, and to certain prefectures of Japan (Hokkaido, Tokyo, Kanagawa).

(2) Unless otherwise agreed, delivery of the goods takes place from our warehouse to the address you have provided.

(3) Goods are only supplied in quantities customary for household use.

(4) The goods remain our property until full payment of the purchase price has been made.

(5) We are exceptionally not obliged to deliver the ordered goods if we have properly ordered the goods ourselves but have not been supplied correctly or on time by our supplier (congruent covering transaction). This is subject to the condition that we are not responsible for the lack of availability of the goods and that we have informed you of this circumstance without delay. Furthermore, we must not have assumed the risk of procurement for the ordered goods. In the event of such unavailability of goods, we will immediately refund any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods that are only described by type and characteristics (generic goods). We are only obliged to deliver from our own stock and from goods ordered from our suppliers.

(6) The delivery period for goods is between 2–7 working days after receipt of the order, depending on the country of dispatch, provided the above conditions are met.

7 Right of Withdrawal

If you are a consumer within the meaning of Section 13 BGB, meaning you are making the purchase for purposes that are predominantly outside your trade, business or profession, you have a right of withdrawal in accordance with the following provisions.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform

Company: esther perbandt Address: Almstadtstraße 3, 10119 Berlin Email: mail@estherperbandt.com Telephone: +49 (030) 88 53 67 91

by means of a clear declaration (e.g. a letter sent by post, telephone, or email) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form, although this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If you withdraw from this contract, we will reimburse all payments we have received from you, excluding delivery costs, without undue delay and at the latest within thirty days from the day on which we received notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees as a result of this reimbursement.

We may refuse reimbursement until we have received the goods back, or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us without undue delay and, in any event, no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You will bear the direct cost of returning the goods. The return must be sent or handed over to us in the original packaging. The enclosed returns form must indicate which item(s), in which quantity and variant, is/are being returned or handed over to us.

You will only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Model withdrawal form

If you wish to withdraw from the contract, please fill out this form and send it back.

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Company: esther perbandt Address: Almstadtstraße 3, 10119 Berlin Email: mail@estherperbandt.com Telephone: +49 (030) 88 53 67 91

I/We () hereby give notice that I/we () withdraw from my/our () contract for the purchase of the following goods ():

Ordered on ()/received on ()

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only for paper notification)

Date:

(*) Delete as applicable.

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End of withdrawal instructions

(1) The right of withdrawal does not apply

• to the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name), or
• to the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.

(2) Please avoid any damage or contamination. Please return the goods to us, if possible, in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage, in order to avoid any claims for compensation due to damage caused by inadequate packaging.

(3) Please call us at the number stated above before returning the goods, in order to announce your return. This allows us to allocate the products as quickly as possible.

(4) Please note that the arrangements set out in paragraphs 2 and 3 above are not a precondition for the effective exercise of your right of withdrawal.

8 Transport Damage

(1) If goods are delivered with obvious transport damage, please report such defects to the delivery agent immediately and contact us as soon as possible.

(2) Failure to make such a complaint or to contact us has no consequences for your statutory warranty rights. However, it does help us assert our own claims against the carrier or the transport insurer.

9 Warranty

(1) Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of sale of goods law (Sections 433 et seq. BGB).

(2) If you are a consumer within the meaning of Section 13 BGB, the limitation period for warranty claims relating to used goods is, by way of exception to the statutory provisions, one year. This limitation does not apply to claims for damages arising from injury to life, body or health, or from the breach of an essential contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on whose observance the contracting partner may regularly rely (cardinal obligation), nor to claims for other damages arising from an intentional or grossly negligent breach of duty by the user or their vicarious agents.

(3) In all other respects, the statutory provisions apply to the warranty.

10 Liability

(1) Unlimited liability: We are liable without limitation for intent and gross negligence, as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damages arising from injury to life, body or health of persons.

(2) In all other respects, the following limited liability applies: In the case of slight negligence, we are only liable for breach of an essential contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on whose observance you may regularly rely (cardinal obligation). Liability for slight negligence is limited in amount to the damage foreseeable at the time the contract was concluded and typically to be expected. This limitation of liability also applies in favour of our vicarious agents.

11 Alternative Dispute Resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the option of resolving disputes relating to their online order initially without involving a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.

We endeavour to resolve any disagreements arising from our contract amicably. Beyond this, we are under no obligation to participate in a dispute resolution procedure and unfortunately cannot offer you participation in such a procedure.

12 Final Provisions

(1) Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.

(2) Contracts between us and you are governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the country in which you habitually reside remain unaffected by this choice of law.

(3) If you are a merchant, a legal entity under public law, or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising out of or in connection with contracts between us and you.

Last updated: September 2018

This translation is an informational rendering into English rather than a certified legal translation. Please visit the German website for the certified legal documentation in German.