General Terms and Conditions of EMP Merchandising Handelsgesellschaft mbH

1. Scope

These General Terms and Conditions (GTC) apply to all orders via the webshop at

• Volbeat Shop: www.eu.volbeatmerch.com

This webshop is operated by EMP Merchandising Handelsgesellschaft mbH ("EMP"). Our offers are aimed exclusively at consumers. The contractual partner for orders is

EMP Merchandising Handelsgesellschaft mbH
Darmer Esch 70 a 49811 Lingen Germany	Phone: +49591-9143-10 Mail: volbeat-shop@emp.de

The version of the General Terms and Conditions valid at the time of ordering applies. You can choose German or English for the conclusion of the contract.

2. Conclusion of contract

The display of items in the shop is not a binding contractual offer from us, but only an invitation to you to place orders. You can only order items in household quantities or in the maximum quantity specified on the respective product detail page. If you click on the "Buy now" button, you place a binding order for the items in your shopping cart. Immediately after receiving your order, we will send you an order confirmation by email. This creates a binding purchase contract. We save your contract text (the content of your order and these terms and conditions) and send it to you on request. The goods remain our property until the purchase price has been paid in full.

3. Prices and shipping costs

The prices stated in the shop at the time of ordering apply. The prices stated include VAT. Shipping costs are added. The shipping costs are displayed in your shopping cart.

4. Terms of payment

We use the payment service provider “Shopify Payments”, 3rd Floor, Europa House, Harcourt Building, Harcourt Street, Dublin 2. If you choose a payment method offered by the payment service provider Shopify Payments, payment processing will be carried out by the technical service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we pass on the information you provided during the ordering process together with information about your order (name, address, account number, bank code, possibly credit card number, invoice amount, currency and transaction number) in accordance with Art. 6 Paragraph 1 Letter b of GDPR. Your data will be passed on exclusively for the purpose of payment processing with Stripe Payments Europe Ltd. and only to the extent that it is necessary for this purpose. Further information on Shopify Payments’ data protection can be found at the following internet address: https://www.shopify.com/legal/privacy.

Data protection information about Stripe Payments Europe Ltd. can be found here: https://stripe.com/de/privacy

5. Delivery & Delivery Time

You can see the delivery time on the respective product detail page and in the order overview before submitting your order.

EMP is entitled to extend the delivery period if our supplier does not deliver the goods correctly or on time despite a proper order (congruent hedging transaction) and we are therefore unable to meet the delivery deadline. This does not apply if we are responsible for the unavailability of the goods on the delivery date. EMP will inform you immediately of the unavailability and inform you of the new delivery date.

6. International customer service

We provide you with the simplest, most convenient and most comprehensive customer service possible. The international customer service of all EMP companies is available to you for order processing. Therefore, if you have any service queries, you can contact not only the EMP company where you placed the order, but also any other EMP company. The EMP company where you placed the order will transmit your data to the other EMP companies so that they have access to your order data in the event of a service issue.

7. Liability and Warranty

The EMP companies are liable without limitation for intent or gross negligence on the part of the EMP companies, their legal representatives or vicarious agents. The EMP companies are liable for the slightly negligent breach of essential contractual obligations (cardinal obligations) for the typical, foreseeable damage. Essential contractual obligations are those whose breach endangers the achievement of the purpose of the contract or whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely. The EMP companies are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

To the extent that liability is excluded or limited, this also applies to the personal liability of representatives and vicarious agents of the EMP companies. Of course, you are entitled to the statutory warranty rights.

8. Right of withdrawal and returns

8.1 Right of withdrawal and exceptions

You can cancel your order without giving any reason in accordance with the statutory right of cancellation. You can find more information in the cancellation policy. You can exercise your right of cancellation our cancellation form or formulate your own cancellation declaration. To view and print the return information, you will need the free Adobe Acrobat Reader.

Danger: The right of withdrawal does not apply to contracts

• for the delivery of sound or video recordings or computer software, such as games (e.g. CDs, LPs, DVDs) in a sealed package, if the seal has been removed after delivery;
• for the delivery of tickets for events of any kind with a specific date or period (e.g. concerts);
• for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by you is decisive or which are clearly tailored to your personal needs;
• for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed (e.g. piercings, contact lenses);
• about services, if EMP has fully provided the service and you have acknowledged and expressly agreed before ordering that we can start providing the service and you lose your right of withdrawal upon full performance of the contract.

cancellation policy

Standard cancellation policy for exercising your right of cancellation regarding purchase contracts for goods

right of withdrawal

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

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last good or from the day on which the contract is concluded, in the case of digital content that is not delivered on a physical data carrier (e.g. CDs or DVDs) and services.

To exercise your right of withdrawal, you must inform us (EMP Merchandising Handelsgesellschaft mbH, Darmer Esch 333, 49811 Lingen, Germany, Tel. +49 (0)591-914310; E-mail: volbeat-shop@emp.de or any other EMP company) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail). You can use the attached model withdrawal form for this purpose, but this is not mandatory.

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

consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

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

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

We will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

If you have requested that the services or delivery of water/gas/electricity/district heating should begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

8.2 Our voluntary return guarantee

Without restricting the statutory right of withdrawal, we grant you a voluntary return guarantee extended to a total of 30 days for items that are also subject to the statutory right of withdrawal. The prerequisite for the 30-day return guarantee is that you have only worn/tried the goods for fitting, as in a store, and that you return the goods complete, in their original condition, undamaged and without damage in the original sales packaging. As part of this voluntary return guarantee, we will cover the costs of the return if you request the return for returns from Germany and Austria via your customer account. Otherwise, the same conditions apply to the voluntary return guarantee as for the statutory right of withdrawal (see the cancellation policy above), extended to 30 days.

9. Shopping vouchers / promotional code

You cannot pay for a shopping voucher with a voucher. Shopping vouchers can only be redeemed in these online shops. Shopping vouchers can also be partially redeemed if the redeemer has a customer account. It is not possible to redeem a shopping voucher in connection with cash on delivery. Shopping vouchers must be redeemed within three years from the end of the year in which it was purchased. Only one promotional code can be redeemed per order. The equivalent value of a promotional code cannot be paid out in cash or offset against other claims. Promotional codes can be tied to a minimum order value that you must reach with your purchase. If you subsequently fall below the minimum order value, e.g. by returning part of your order, the benefit of the promotional code is lost.

10. Free items

Ownership of free items only passes to you once the cancellation period and the voluntary return period have expired (retention of title). If the freebies are linked to a minimum order value, the minimum order value refers to one order and must be reached by this order even after exercising statutory cancellation rights or contractual return rights. If the purchase value of your order is reduced below the respective minimum order value due to the exercise of a statutory cancellation right or contractual return right (excluding warranty rights), the freebie for this purchase must also be returned when the goods are returned. In this case, there is no entitlement to other freebies.

11. Disposal and environmental protection

We and our suppliers have complied with our reporting obligations to the Federal Environment Agency.

batteries

Batteries do not belong in household waste. As a consumer, you are legally obliged to return used batteries. You can hand in your old batteries at the public collection points in your area or anywhere that sells batteries. Of course, you can also return the batteries available from us after use with the note "Used batteries" to the following address:

EMP Merchandising Handelgesellschaft mbH, returns service
- Used batteries -
Darmer Esch 73
D 49811 Lingen
Germany

or to any other EMP company

The symbols shown on the batteries have the following meaning:

• Pb = Battery contains more than 0.004 percent lead by weight
• Cd = Battery contains more than 0.002 percent cadmium by weight
• Hg = Battery contains more than 0.0005 percent mercury by mass

The symbol of the crossed-out garbage can means that the battery must not be disposed of in household waste.

electrical and electronic equipment

Electrical and electronic devices must not be disposed of in household waste! You must separate old batteries and accumulators from old electrical devices (" old devices ") unless they are enclosed in the old device. As a consumer, you can hand in old electrical devices free of charge at a public collection point in your place of residence - or in the case of the following conditions - to us. If you buy a new electrical device from us, we will take back an old device of the same type from you free of charge (1:1 take-back). Regardless of whether you buy a new electrical device from us, we will take back all old devices that are smaller than 25 centimeters (0:1 take-back). If you want to dispose of old devices with us on which personal data may be stored, you must delete your data on the old device. We are not responsible for this. The symbol of the crossed-out garbage can means that you must dispose of electrical and electronic devices separately from household waste.

12. Provider identification according to the Telemedia Act (§ 5 TMG)

Online dispute resolution in accordance with Art. 14 Para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/.
Dispute settlement before a consumer dispute resolution body (Section 36 VSBG): We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

13. Final provisions

These terms and conditions and all purchase contracts concluded in accordance with these terms and conditions are subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a private end consumer and do not reside within the European Union, our place of business is the place of jurisdiction. We thank you for the trust you have placed in us and your interest in our company. Our customer service will be happy to answer any questions you may have. We look forward to your order.