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General Terms and Conditions and Customer Information

This English translation is provided for convenience only. The German version is legally binding.

Last updated: 3 July 2024

Table of contents

1. Scope of the General Terms and Conditions

The business relationship between Tayho Solutions e.K. (hereinafter referred to as the "Seller") and the purchaser of the Seller's products and services (hereinafter referred to as the "Customer"; the products and services hereinafter referred to as "Products" or "Goods") shall be governed exclusively by the following General Terms and Conditions (hereinafter referred to as the "Terms").

All references to persons apply equally to all genders. For the sake of readability, the simultaneous use of masculine and feminine language forms has been dispensed with.

A "Consumer" within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or self-employed professional activity.

An "Entrepreneur" within the meaning of these Terms is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or self-employed professional activity.

2. Ordering process and conclusion of contract

By clicking the button that completes the ordering process, the Customer submits a binding offer to the Seller to purchase the products in the shopping cart.

3. Contract text and contract language

The Seller stores the contract text and makes it available to Customers in text form (e.g. by e-mail or in printed form with the delivery of the order). The Customer may print the contract text before submitting the order to the Seller by using the print function of their browser or the save function for web pages in the final step of the ordering process.

Customers who have created a customer account can view the orders placed in their account area. The complete contract text is not accessible in the account area.

The contract language is German; contracts may be concluded in this language.

4. Customer account

The Seller provides Customers with a customer account. Within the customer account, Customers are provided with information about their orders and the customer data stored by the Seller. The information stored in the customer account is not public.

In order to place an order, Customers must create a customer account. Guest orders are not possible.

Customers are obliged to provide truthful information in the customer account and to update this information to reflect changes in actual circumstances where necessary (e.g. an updated e-mail address in the event of a change, or an updated postal address before placing an order). Customers are responsible for any disadvantages arising from incorrect information.

Customers are responsible for their customer accounts within their sphere of influence and to the extent that such responsibility can reasonably be expected of them. It is incumbent upon Customers to exercise the greatest possible care when using access credentials for the customer account and to take every measure that ensures the confidential, secure handling of the credentials and prevents their disclosure to third parties. Customers are obliged to inform the Seller immediately if there is reason to suspect that a third party has obtained knowledge of access credentials and/or is misusing the customer account.

The customer account may only be used in accordance with the applicable statutory provisions, in particular the provisions protecting the rights of third parties, and in accordance with the Seller's Terms, by means of the access interfaces and other technical means of access provided by the Seller. Any other form of use, in particular through external software such as bots or crawlers, is prohibited.

Customers may terminate the customer account at any time. The Seller may terminate the customer account at any time subject to a reasonable notice period, which is generally two weeks. The termination must be reasonable for the Customer. The Seller reserves the right to terminate for extraordinary cause.

From the time of termination, the customer account and the information stored in the customer account are no longer available to the Customer. It is the Customer's responsibility to back up their data upon termination of the customer account.

5. Information on prices and shipping costs

Unless stated otherwise, all prices are total prices including the applicable statutory value-added tax (VAT).

6. Payment methods and payment terms

Unless otherwise agreed, payments shall be made without deduction, cash discount, or other reductions.

Where financial institutions and other payment service providers are used, the terms and conditions and privacy notices of the payment service providers additionally apply with regard to payment. Customers are asked to observe these provisions and notices as well as information provided during the payment process. This is particularly because the availability of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).

The Customer shall ensure that they fulfil the requirements incumbent upon them that are necessary for successful payment by means of the chosen payment method. These include, in particular, sufficient funds in bank and other payment accounts, registration, identification and authorisation with payment services, and confirmation of transactions.

If the Seller assigns its payment claim against the Customer to a payment service provider, payment with debt-discharging effect can only be made to the respective payment service provider. The Seller's contractual obligations towards the Customer, in particular the obligations of performance and warranty, the observance of cancellations, and ancillary contractual obligations, are not affected by the assignment.

Credit card payment - By submitting the order, Customers provide their credit card details. The Customer's credit card is charged after the Customer has been authorised as the legitimate cardholder.

PayPal - Payment is 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: "PayPal") by means of the PayPal payment method provided or chosen by the Customer. Customers are redirected directly to PayPal at the end of the ordering process. For Customers who have a PayPal account, the following PayPal terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If Customers use PayPal's services without having a PayPal account, the following terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. Overview of all terms: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

PayPal Plus (PayPal) - The Customer must have a PayPal account and pays the amount owed by means of the PayPal transaction process.

PayPal Plus (direct debit) - The Customer can pay by means of PayPal's direct debit procedure even without a PayPal account. The Customer issues PayPal a SEPA direct debit mandate. By issuing the SEPA direct debit mandate, PayPal is authorised to initiate the payment transaction, whereby the Customer's bank account is debited automatically. The Customer is informed of the date on which the bank account will be debited (referred to as "pre-notification").

PayPal Plus (credit card) - The Customer can pay by credit card via PayPal even without a PayPal account. To carry out the payment, the Customer must identify themselves as the legitimate cardholder before the payment transaction is executed and the Customer's account is debited automatically.

7. Digital services

"Digital services" exist where they enable the Customer, being a Consumer, to create, process, or store data in digital form or to access such data, or where they enable the sharing of, or other interaction with, data uploaded or created in digital form by the Consumer or by other users of the respective service.

The provisions of these Terms apply accordingly to digital services.

8. Subscriptions

A "Subscription" means the regular receipt of products or other services by "Subscribers" (as Customers are referred to in the context of subscription contracts) within the framework of an ongoing contractual relationship (also referred to as a "Subscription Contract") over a defined period of time (also referred to as the "Subscription Period").

A Subscription Contract obliges the Seller to deliver the services covered by the Subscription Contract or to perform other actions at the agreed times or intervals and within the agreed Subscription Period. The details of the individual subscriptions are stated in the respective offers.

Termination takes effect as of the next performance or delivery date or the next delivery within the Subscription Period.

Subscriptions are billed in advance at the beginning of each Subscription Period.

The Subscriber shall notify the Seller without delay of any changes to the delivery or shipping address and is otherwise responsible for delivery obstacles resulting from the omitted notification.

The right to extraordinary termination of the Subscription Contract remains reserved in accordance with statutory requirements.

Subscription Contracts can only be terminated electronically by e-mail or in the user account.

Unless stated otherwise in the respective offer, the Subscription Period of subscriptions is one month.

Unless a different renewal period is stated in the product description or otherwise agreed, the Subscription Contract is automatically extended by one month unless it has been effectively terminated.

Unless otherwise provided in the respective offer, the notice period for termination is one month.

In the case of periodic deliveries or publications, delivery takes place on the next delivery or publication date, provided the Subscription Contract was concluded 14 days before the delivery or publication date.

9. Copyright and usage rights

The products distributed by the Seller are protected by intellectual property rights (in particular trademark and copyright law). The usage and exploitation rights are held by the Seller or the respective rights holders. Customers undertake to recognise and respect these intellectual property rights.

The Customer receives the non-exclusive rights to use the purchased products for the purposes stipulated in the contract. Beyond this, the use and exploitation of the products is not permitted. In particular, copyright-protected products of the Seller may not be reproduced, distributed, made publicly available, or otherwise made available to third parties on the internet or in intranets. Public communication, reproduction, or other republication are not part of this contract and are therefore prohibited. Copyright notices, trademarks, and other reservations of rights may not be removed from the products, unless this is necessary for the contractual use of the products or permitted by law.

If the products are subject to a specific usage licence, Customers will be informed of the usage licence. In this case, the provisions of the usage licence take precedence over these Terms.

If the Seller performs in advance, the granting of usage rights to the Customer is only provisional and only becomes effective once the Customer has paid the purchase price of the relevant products in full.

10. Cancellation policy and model cancellation form

Right of cancellation

You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period is 14 days from the day of the conclusion of the contract.

To exercise your right of cancellation, you must inform us (Tayho Solutions e. K., c/o IP-Management #7328, Ludwig-Erhard-Str. 18, 20459 Hamburg, e-mail address: mail@asante.pictures) of your decision to cancel this contract by means of a clear declaration (e.g. an e-mail).

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

Consequences of cancellation

If you cancel this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your cancellation of 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 for this reimbursement.

If you requested that the service begin during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform 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.

Exclusion or premature expiry of the right of cancellation

The right of cancellation expires prematurely if we have only begun performing the contract after you have given your express consent thereto and have at the same time confirmed your knowledge that you lose your right of cancellation once we begin performing the contract. Please note that we may make the conclusion of the contract conditional upon the aforementioned consent and confirmation.

Model cancellation form

(If you wish to cancel the contract, please complete this form and return it.)

To

Tayho Solutions e. K., e-mail address: mail@asante.pictures

I/we (*) hereby cancel the contract concluded by me/us (*) concerning the

purchase of the following goods (*)/the provision of the following service (*)

______________________________________________________

______________________________________________________

Ordered on (*) ____________ / received on (*) _________________

_______________________________________________________

Name of the consumer(s)

_______________________________________________________

Address of the consumer(s)

_______________________________________________________

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

_________________________

Date

(*) Delete as applicable.

11. Warranty and liability

The warranty (liability for defects) is governed by statutory provisions, subject to the following rules.

The Seller assumes no warranty for the Customer's internet connection, the software and hardware used by the Customer, or any disruptions caused by them to the formation or performance of the contract between the Customer and the Seller.

12. Amendments to the General Terms and Conditions

The Seller reserves the right to amend these Terms in the case of continuing obligations (i.e. contracts running over a longer period of time within the framework of which services and/or consideration are provided) at any time with effect for the future in the following cases: a) if the amendment serves to bring the Terms into conformity with applicable law, in particular if the applicable legal situation changes; b) if the amendment serves the Seller to comply with mandatory court or administrative decisions; c) if entirely new services or service elements, or technical or organisational processes, require a description in the Terms; d) if the amendment is solely to the benefit of the Customers.

The Seller will send the amended Terms to the e-mail address the Customer has provided to the Seller at least two weeks before they enter into force. If a Customer does not object to the new Terms within two weeks of receiving the e-mail, the amended Terms are deemed to have been accepted by the Customer. Together with the notification of the amendment, the Seller will inform Customers of the consequences of not objecting. Customers may also accept the amended Terms by giving express consent.

13. Final provisions

The legal relationships between the Customer, insofar as the Customer is an Entrepreneur, and the Seller are governed exclusively by the law of the Federal Republic of Germany, excluding the UN-Kaufrecht (United Nations Convention on Contracts for the International Sale of Goods, CISG).

The place of jurisdiction is the Seller's registered office if the Customer is a merchant, a legal entity under public law, or a special fund under public law, or if the Customer has no general place of jurisdiction in the country of the Seller's registered office. The Seller reserves the right to choose another permissible place of jurisdiction.

14. Dispute resolution and consumer arbitration

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