GENERAL TERMS AND CONDITIONS

In case of discrepancies, the German version shall prevail

General Terms and Conditions with Customer Information

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Applicable Law
Place of Jurisdiction
Alternative Dispute Resolution

1. Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Mount Sophia UG (haftungsbeschränkt) (hereinafter referred to as “we/us”) apply to all contracts for the delivery of goods that you, as a consumer or entrepreneur (hereinafter referred to as “you”), conclude with us regarding the goods presented by us in our online shop. We hereby object to the inclusion of any terms and conditions of your own, unless otherwise agreed with you.

1.2 For the purposes of these GTC, you are a consumer if you conclude a legal transaction for purposes that can predominantly be attributed neither to your commercial nor to your independent professional activity.

1.3 For the purposes of these GTC, you are an entrepreneur if you are a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of your commercial or independent professional activity.

2. Conclusion of Contract

2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve to enable you to submit a binding offer.

2.2 You can submit your offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 We may accept your offer within five days:

by sending you a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by you is decisive; or
by delivering the ordered goods to you, whereby receipt of the goods by you is decisive; or
by requesting payment from you after you have placed your order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting your offer begins on the day following the dispatch of your offer and ends at the end of the fifth day following the dispatch of your offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that you are no longer bound by your declaration of intent.

2.4 If you select a payment method offered by PayPal, payment processing is carried out 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, available at the PayPal website, or – if you do not have a PayPal account – subject to the terms and conditions for payments without a PayPal account. If you pay using a payment method offered by PayPal that can be selected during the online ordering process, we hereby declare acceptance of your offer at the time you click the button that completes the ordering process.

2.5 When you place an order via our online order form, we store the text of the contract after the contract has been concluded and send it to you in text form (e.g. email, fax or letter) after you have submitted your order. We do not make the contract text available beyond this. If you have created a user account in our online shop before submitting your order, your order data will be archived on our website and can be accessed by you free of charge via your password-protected user account by entering the corresponding login details.

2.6 Before submitting your order in a legally binding manner via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of identifying input errors more easily may be your browser's zoom function, which can be used to enlarge the display on the screen. During the electronic ordering process, you can correct your entries using the usual keyboard and mouse functions until you click the button that completes the ordering process.

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

2.8 Order processing and communication generally take place by email and automated order processing. You must ensure that the email address you provide for order processing is correct so that emails sent by us can be received at this address. In particular, when using spam filters, you must ensure that all emails sent by us or by third parties commissioned by us to process your order can be delivered.

3. Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in our Instructions on the Right of Withdrawal.

4. Prices and Payment Terms

4.1 Unless otherwise stated in our product description, the prices quoted are total prices including statutory value-added tax. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 The available payment method(s) will be communicated to you in our online shop.

4.3 If you select a payment method offered via the payment service “PayPal”, payment is processed via PayPal, which may also use the services of third-party payment service providers for this purpose. If we also offer payment methods via PayPal for which we make an advance payment to you (e.g. purchase on account or payment by instalments), we assign our payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically identified to you.

Before accepting our declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data provided. We reserve the right to refuse you the selected payment method in the event of a negative result of the credit check.

If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payment with debt-discharging effect can only be made to PayPal or to the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, we remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations and returns relating to withdrawal, or credit notes.

4.4 If you select a payment method offered via the “Apple Pay” payment service, payment is processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods offered via Apple Pay will be communicated to you in our online shop. Apple may use other payment services to process payments, for which special payment terms may apply and about which you may be informed separately. Further information on Apple Pay is available on the Apple website.

4.5 If you select a payment method offered via the “Wix Payments” payment service, payment is processed via the payment service provider Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel (hereinafter referred to as “Wix”). The individual payment methods offered via Wix will be communicated to you in our online shop. Wix may use other payment services to process payments, for which special payment terms may apply and about which you may be informed separately. Further information on Wix Payments is available on the Wix website.

4.6 If you select credit card payment via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit assessment.

5. Delivery and Shipping Conditions

5.1 If we offer shipment of the goods, delivery will be made within the delivery area specified by us to the delivery address provided by you, unless otherwise agreed. When processing the transaction, the delivery address specified in our order processing system is decisive. By way of derogation from this, if PayPal is selected as the payment method, the delivery address stored by you with PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of the initial shipment if you effectively exercise your right of withdrawal. With regard to the return shipping costs, the provisions set out in our Instructions on the Right of Withdrawal shall apply if you effectively exercise your right of withdrawal.

5.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to you as soon as we have handed over the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

If you act as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes to you only when the goods are handed over to you or to a person authorised to receive them. By way of derogation from this, even if you act as a consumer, the risk of accidental loss and accidental deterioration of the goods sold passes to you as soon as we have handed over the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment if you commissioned that forwarding agent, carrier or other person or institution to carry out the shipment and we did not previously identify that person or institution to you.

5.4 If you act as a consumer domiciled in Germany or as an entrepreneur, we reserve the right to withdraw from the contract in the event that we ourselves are not supplied correctly or properly. This applies only if we are not responsible for the failure to deliver and we have concluded a specific covering transaction with the supplier with due care.

We will make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, you will be informed immediately and any consideration already paid will be refunded to you without undue delay.

5.5 Collection of goods by the customer is not possible for logistical reasons.

6. Retention of Title

If we make an advance delivery, we retain title to the delivered goods until the purchase price owed has been paid in full.

7. Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. By way of derogation from this, the following applies to contracts for the delivery of goods:

7.1 If you act as an entrepreneur:

we shall have the choice of the type of subsequent performance;
for new goods, the limitation period for claims for defects is one year from delivery of the goods;
for used goods, claims for defects are excluded;
the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and reductions of limitation periods set out above do not apply:

to your claims for damages and reimbursement of expenses;
if we have fraudulently concealed the defect;
to goods that have been used for a building in accordance with their customary manner of use and have caused the building to be defective;
to any existing obligation on our part to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If you act as a merchant within the meaning of Section 1 of the German Commercial Code (Handelsgesetzbuch – HGB), you are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If you fail to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

7.5 If you act as a consumer, you are requested to complain to the delivery service about delivered goods with obvious transport damage and to inform us accordingly. If you fail to do so, this will have no effect whatsoever on your statutory or contractual claims for defects.

8. Liability

We shall be liable to you for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 We shall be liable without limitation on any legal grounds:

in cases of intent or gross negligence;
in the event of intentional or negligent injury to life, body or health;
on the basis of a guarantee, unless otherwise stipulated in this respect;
on the basis of mandatory liability, such as under the German Product Liability Act (Produkthaftungsgesetz).

8.2 If you act as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability apply:

If we negligently breach a material contractual obligation, our liability is limited to the foreseeable damage typical for the contract, unless we are liable without limitation pursuant to the preceding clause.

Material contractual obligations are obligations imposed on us by the contract according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and on compliance with which you may regularly rely.

In all other respects, liability on our part is excluded unless we are liable without limitation pursuant to the preceding clause.

8.3 The above liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.

9. Applicable Law

All legal relationships between us shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods.

If you act as a consumer, this choice of law shall apply only to the extent that you are not deprived of the protection afforded to you by mandatory provisions of the law of the country in which you have your habitual residence.

10. Place of Jurisdiction

If you act as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, our registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract.

If your registered office is outside the territory of the Federal Republic of Germany, our registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to your professional or commercial activity.

In the aforementioned cases, however, we shall in any event be entitled to bring proceedings before the court at your registered office.

11. Alternative Dispute Resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Status: 04 August 2026, 16:04:34