General terms and conditions with customer information

table of contents

1. scope
2. conclusion of contract
3. right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. retention of title
7. Liability for defects (warranty)
8. Special conditions for the processing of goods according to certain specifications of the customer
9. Redeeming promotion vouchers
10. Redeeming gift vouchers
11. Applicable law
12. place of jurisdiction
13. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions of business (hereinafter "T&Cs") of air up GmbH (hereinafter the "Seller"), apply to all contracts for the delivery of goods which a retail or business customer (hereinafter the "Customer") agrees with the Seller with regard to goods offered by the Seller in its online store. Any Customer terms and conditions shall not apply, except where agreed otherwise.

1.2 For contracts for the delivery of vouchers, these T&Cs apply accordingly, except where expressly agreed otherwise.

1.3 Retail customer in the sense of these T&Cs is any natural person, who is at least 18 years of age, and who enters into a lawful transaction for purposes which are not predominantly to do with their business or self-employed activity. A Business customer within the meaning of these T&Cs is a natural or legal person or partnership with legal standing who, when entering into a lawful transaction, is acting in the interest of their business or self-employed activity.

1.4 The Seller's products are intended only for retail and business Customers as end-users. Commercial resale of the products is not permitted. The Seller reserves the right to reject offers of sales contracts if they appear to be for commercial resale.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online shop do not represent binding offers on the part of 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. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by issuing the order and payment liabilities with the respective final click approval.

2.3 The Seller acknowledges orders without undue delay by sending an email to the Customer after the ordering process was successfully completed. The Seller may 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by operating payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the Customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 If the payment method "Amazon Payments" is selected, payment shall be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590 If the customer selects "Amazon Payments" as the payment method as part of the online ordering process, he shall also issue a payment order to Amazon by clicking on the button completing the ordering process. In this case the seller declares already now the acceptance of the offer of the Customer at the time in which the Customer triggers the payment process by clicking the button completing the order process.

2.5 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after sending the Customer's order. The Seller shall not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be retrieved by the Customer free of charge via his password-protected user account by providing the corresponding login data.

2.6 Before binding submission of the order via the online order form of the Seller, the Customer can recognize possible input errors by attentively reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. Within the framework of the electronic ordering process, the Customer can correct his entries using the usual keyboard and mouse functions until issuing the order and payment liabilities with the respective final click approval.

2.7 German and English languages are available for the conclusion of the purchase contract.

2.8 The order handling and establishment of contact take place as a rule by e-mail and automated order handling. The Customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or third parties commissioned by the Seller to process the order can be delivered.

2.9 Subscription Terms & Conditions

Aside from the regular one-off purchase, Customers also have the option to enter into a regular Subscription Order. By signing up for a subscription, the Customer acknowledges that the following special Terms and Conditions apply to the Subscription Order:

2.9.1 The Subscription consists of an initial charge followed by recurring periodic charges as selected by the Customer. The Customer acknowledges that the subscription has an initial and recurring payment feature and accepts responsibility for all recurring charges during the active Subscription period.

2.9.2 When signing up for the Subscription, the Customer must create an account as a member of the air-up program. The Customer then selects the desired frequency of the subscription. This can be:

i) Monthly

ii) Every 2 Months

iii) Every 3 Months

The Customer indicates which Flavour Pods they wish to receive each subscription term. A minimum of 2 Flavour Pods is required for the subscription to become active. Each customer can subscribe to a maximum of 15 pods. The Customer will receive a discount of 20 % off the regular Flavour Pod price, when ordering via the subscription. This discount cannot be combined with other discounts or offers. The chosen Flavour Pods can be updated and changed at any time. If the Customer makes a change to the Flavour Pods later than 48 hours before billing date, the change will be updated for the next order.

2.9.3 The Customer with a Subscription will automatically receive a package with their chosen Flavour Pods each subscription term, beginning from the date of entering into the Subscription. The customer will not be charged shipping costs for their regular subscription package.

2.9.4 By registering for the subscription and creating the account, the Customer authorizes automatic recurring charge of the amount due for the selected Subscription frequency.

2.9.5 Each recurring subscription term, the Customer will receive an automatic notification by email informing them of the billing and shipping of the subscription package for that term.

2.9.6 The Customer acknowledges that the Flavour Pods are subject to availability. If the Flavour Pod selected by the Customer is out of Stock, the Customer will be notified. Upon notification, the Customer will be refunded the amount concerning the outt-of-stock Pod and issued a voucher to order an alternative (in-stock) flavour. Additionally, the Customer may be prompted to select an alternative flavour for their next subscription order, if the previously chosen flavour will no longer be available. If the Customer fails to select an available alternative, the order will only be processed in terms of the Flavour Pods available.

2.9.7 The Customer may pause the subscription at any time. To do so, the Customer can select cancel and then choose one of the following pause options:

i) 1 month

Ii) 2 months

Iii) 3 months

After this period the subscription will reactivate automatically.

If the Customer pauses the Subscription less than 48 hours before the billing date, the Subscription will be paused after this billing.

2.9.8 The Customer may cancel the Subscription at any time. If desired, the cancellation can take effect immediately. If, however, the customer cancels less than 48 hours before the billing date, the cancellation will become effective after this billing.

air up reserves the right to terminate the subscription at any time, if a breach of these terms and conditions becomes known. air up also reserves the right to cancel and change the Terms of this Subscription Service at any time.

3) Right of revocation

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

3.2 Further information on the right of revocation can be found here.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.3 If payment is made by means of a payment method offered by PayPal, the payment shall be processed by 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 https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms of Payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.4 If the payment method "IMMEDIATELY" is selected, payment shall be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "IMMEDIATELY"). In order to be able to pay the invoice amount "IMMEDIATELY", the customer must have an online banking account that has been activated for participation in "IMMEDIATELY", legitimize himself accordingly during the payment process and confirm the payment order to "IMMEDIATELY". The payment transaction is carried out immediately afterwards by "SOFORT" and the Customer's bank account is debited. The Customer can call up more detailed information on the payment method "IMMEDIATELY" on the Internet at https://www.klarna.com/sofort/

4.5 If a payment method offered via the payment service "Shopify Payments" is selected, payment shall be processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter referred to as "Shopify"). The individual payment methods offered via Shopify are communicated to the customer in the online shop of the seller. To process payments Shopify may use other payment services, which may be subject to special payment terms, to which the Customer may be separately referred. Further information on Shopify Payments can be found on the Internet at https://www.shopify.de/payments

5) Delivery and shipping conditions

5.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the Customer. The delivery address stated in the order processing of the Seller is decisive for the transaction.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This shall not apply if the Customer is not responsible for the circumstance which led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the Seller had given him prior notice of the service for a reasonable period of time. Furthermore, this does not apply with regard to the costs for the consignment if the Customer exercises his right of revocation effectively. In the event that the Customer exercises his right of revocation effectively, the provision of the Seller's revocation policy shall apply to the return costs.

5.3 Self-collection is not possible for logistical reasons.

5.4 Vouchers according to number 10 and 11 are provided to the Customer as follows:

• per Download
• by e-mail
• by post

6) Retention of title

If Customer makes an advance payment, Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 Seller is under a legal duty to provide goods in conformance with the purchase contract. If the purchased item is defective, the provisions of statutory liability for defects shall apply.

7.2 Notwithstanding the foregoing, this shall apply to used goods: Claims for defects are excluded if the defect only occurs after two years from delivery of the goods. Defects that occur within two years of delivery of the goods can be claimed within the statutory limitation period. The shortening of the liability period to two years does not apply, however:

• for goods which have been used for a building in accordance with their usual use and which have caused its defectiveness,
• for claims for damages and reimbursement of expenses on the part of the Customer, and
• in the event that the Seller has fraudulently concealed the defect.

7.3 The Customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller accordingly. If the Customer does not comply with this, this has no effect on his statutory or contractual claims for defects.

8) General liability restrictions

8.1 Claims of the customer for damages are excluded. This does not apply to claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

8.2 In the event of a breach of material contractual obligations, the Seller shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the Customer arising from injury to life, limb or health.

8.3 The restrictions from section 8.1 or 8.2 also apply in favour of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.

8.4 The limitations of liability resulting from clauses 8.1 and 8.2 do not apply if the seller has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies insofar as the seller and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.

9) Special conditions for the processing of goods according to certain specifications of the Customer.

9.1 If, according to the contents of the contract, the Seller is responsible for the delivery of the goods as well as the processing of the goods according to certain specifications of the Customer, the Customer shall provide the Seller with all contents required for processing such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and shall grant the Seller the necessary rights of use. The Customer alone is responsible for the procurement and acquisition of rights to these contents. The Customer declares and assumes responsibility for the fact that he has the right to own or use the content provided to the Seller. In particular, he shall ensure that no third-party rights are infringed thereby, in particular copyrights, trademark rights and personal rights.

9.2 The Customer shall indemnify the Seller against any claims by third parties which they may assert against the Seller in connection with an infringement of their rights through the contractual use of the contents of the Customer by the Seller. The Customer shall also bear the reasonable costs of the necessary legal defence, including all court and attorney costs in the statutory amount. This does not apply if the Customer is not responsible for the infringement. The Customer is obliged to provide the Seller immediately, truthfully and completely with all information which is necessary for the examination of the claims and a defense in the case of a claim by third parties.

9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or morality. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying content.

10) Redeeming promotion vouchers

10.1 Vouchers which are issued free of charge by the Seller within the framework of advertising campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter referred to as "Promotion Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

10.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

10.3 Promotion vouchers can only be redeemed before completion of the order process. Subsequent settlement is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 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 the Seller.

10.6 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

10.7 The credit balance of a promotion voucher is neither paid out in cash nor bears interest.

10.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.

10.9 The promotion voucher is transferable. The Seller can make payment with discharging effect to the respective owner, who redeems the promotion voucher in the online shop of the Seller. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the non-justification, the legal incapacity or the lack of power of representation of the respective owner.

11) Redeeming gift vouchers

11.1 Vouchers which can be purchased via the online shop of the Seller (hereinafter referred to as "gift vouchers") can only be redeemed in the online shop of the Seller, unless otherwise stated in the voucher.

11.2 Gift vouchers and balance of gift vouchers are redeemable until the end of the third year after the year of purchase. Remaining credit will be credited to the Customer up to the expiration date.

11.3 Gift vouchers can only be redeemed prior to the completion of the order process. Subsequent settlement is not possible.

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers may only be used for the purchase of goods and not for the purchase of other gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

11.7 The credit balance of a gift voucher is neither paid out in cash nor bears interest.

11.8 The gift voucher is transferable. The Seller can make payment with discharging effect to the respective owner, who redeems the gift voucher in the online shop of the Seller. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the non-justification, the legal incapacity or the lack of power of representation of the respective owner.

12) Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall not harm the consumer’s benefit from any mandatory provisions of the law of the country in which you are resident. The choice of applicable German lawshall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

13) Place of jurisdiction

If the Customer acts as a merchant, legal entity under public law or special fund under public law with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Seller. If the Customer is domiciled outside the territory of the Federal Republic of Germany, the Seller's place of business 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 the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer's place of business.

14) Alternative dispute resolution

14.1 The EU Commission provides a platform for online dispute resolution (hereinafter "ODR platform") on the Internet at the following link: https://ec.europa.eu/consumers/odr

The ODR platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

The ODR platform is not accessible to consumers from the United Kingdom since the United Kingdom is not longer part of the European Union.

14.2 The Seller is neither obliged nor willing to participate in any dispute resolution proceedings before a consumer arbitration body.