General Terms and Conditions for End Consumers
(separate GTC apply for commercial customers)

Identification of Provider

CONTIGO Fairtrade GmbH
Wilhelm-Lambrecht-Straße 3
37079 Göttingen
Germany

Telephone: + 49 (0)551 / 2 09 21 - 0
Fax: +49 (0)551 / 2 09 21 - 28
Email: info@contigo.de
Managing Director: Ingo Herbst
Trade register: HR B 2438, Local District Court: Göttingen, Germany
VAT ID: DE 164328240

The general terms and conditions (GTC) and customer information set forth herein apply to our online shop at www.contigo.de. With the customer information, we meet our legal informative and instructive obligations. Here, you will receive information about the implementation of the contract on the basis of your order and contract management.

For the purchase of the items advertised and specified at www.contigo.de, the following applies:

§ 1 Scope of the GTC

(1) The GTC apply for the entire business relationship between the customer and the supplier CONTIGO Handels- und Beratungs GmbH (referred to henceforth as “Contigo” or “supplier”).

(2) For the purpose of these GTC, customers are both consumers and companies. For the purpose of the GTC, consumers are any individual with whom a business relationship is established and who act for a purpose that can neither be classed as a commercial nor an independent professional activity. For the purpose of the GTC, companies are any individual, entity or legally responsible partnership with whom a business relationship is established and who acts in pursuance of a commercial or independent professional activity.

§ 2 Conclusion of Contract
(1) The presentation of the products in our online shop constitutes an unbinding offer. Once you have completed the order process at our online shop, we will send you confirmation that your order has been received via email. This order confirmation does not yet constitute the acceptance of your order, but rather is only meant to inform you that we have received it. You will first receive the purchase agreement with the delivery of the goods.

(2) Should an item not or only partly available, we will inform you of this forthwith. Any amounts of money already paid will be reimbursed immediately.

§ 3 Payment and Dispatch
The following payment and dispatch conditions apply:

(1) New customers can pay by cash on delivery, credit card or prepayment; existing CONTIGO customers can pay by credit card, invoice or direct debit with a 2% early payment discount.

(2) The goods are dispatched within the EU and to Switzerland. The exact shipping costs will be indicated in the individual product description at the end of the order process at the latest. Contigo calculates 5 euros incl. VAT for postage and packaging within the EU. In the case of cash on delivery, there will be an additional charge of 2 euros incl. VAT. From an order value of 75 euros, postage is free. Packaging stations cannot be supplied. All postage prices include VAT.

(3) The goods sold remain the property of the supplier until the purchase price has been paid in full.

§ 4 Customer Information, Right of Rescission

According to the regulations on distance contracts, consumers are entitled to a right of rescission regarding the items purchased in accordance with the following policy:

Cancellation Policy

§ 5 Price, Delivery and Shipping Costs
(1) The price quoted constitutes the final price – i.e. it contains all price components including possible taxes due, e.g. VAT.

(2) By contrast, the purchase price does not include delivery and shipping costs, which are indicated in detail before you submit your order.

(3) The delivery of the items is strictly effected by mail order. Collection of the order by the customer him or herself can only be considered in exceptional cases and by appointment.

(4) The customer is not entitled to add his or her own claims against our payment claims unless they are established indisputably or legally.

(5) The customer is not entitled to hold rights to retention against our payment claims, even for notice of defects, unless they result from the same contractual relationship.

§ 6 Transfer of Risk

(1) For consumers, the risk of the accidental destruction and deterioration of the item purchased is only passed to the consumer upon delivery of the goods to the customer.

(2) For companies, the risk of the accidental destruction and deterioration of the item purchased is passed to the company upon delivery to the company or a person authorised to accept it. For distance purchasing, the risk is transferred upon delivery of the goods to a suitable transport person.

(3) If the customer is in default of acceptance, it is the equivalent of the transfer.

§ 7 Notice of Damage in Transit

(1) Deliveries are to be checked for completeness and intactness in the presence of the postman. Should any outwardly recognisable transport damage be ascertained, the customer is under an obligation to record this on the shipping documents and obtain a receipt from the postman. In this instance, it is imperative that the packaging be retained.

(2) If the (partial) loss or damage is not outwardly recognisable, the customer must notify the supplier within 3 days of delivery or at least within 7 days of the delivery to the transport company in order to ensure that possible claims can be submitted to the transport company in due time.

(3) The potential rights and claims of the customer – in particular the rights of the purchaser in the case of defects in the object sold – are unaffected by the regulations in paragraphs 1 and 2.

§ 8 Warranty

(1) If the delivery item is a used object, the limitation period for warranty claims on account of defects is one year. If a new object or an object to be produced is the delivery item, the limitation period for warranty claims on account of defects – for whatever legal grounds – is two years.

(2) The abovementioned limitation periods apply with the following proviso:

1. The limitation periods generally do not apply in the case of malice or the fraudulent concealment of a defect or if the vendor has accepted a guarantee for the quality of the delivery item.

2. The limitation periods also do not apply if the delivery item is a building or an object that is used for a building in accordance with its usual manner of use and causes its defectiveness (or if it is a matter of the real rights of a third party, due to which the delivery of the item can be demanded).

3. The limitation periods also do not apply for compensation claims in the case of injury to life, body, health or liberty, claims in accordance with the product liability law, a gross neglect of duty or the culpable breach of contractual obligations.

(3) For all compensation claims, the limitation period begins with the delivery.

(4) The warranty claims are initially confined to subsequent performance. The supplier initially guarantees companies for defects in the goods through repair or replacement at its own option. For consumers, the supplier is entitled to refuse the kind of subsequent performance selected if it is only possible with disproportionate costs and the other kind of subsequent performance remains without any significant disadvantages for the consumer.

(5) If the subsequent performance is not effected, the customer is entitled to rescission, a reduction in the purchase price and compensation, or a refund for unsuccessful expenditures. If the customer chooses compensation or if he or she claims unsuccessful expenditures, the limitations of liability in accordance with § 9 of these GTC apply.

(6) The product description is purely to be regarded as a description of services and in no case a guarantee for the quality of the product. Third-party warrants, such as manufacturer warranties, remain unaffected thereof.

(7) There is no guarantee in the case of damage that occurs through the improper usage or treatment of the product. The same goes for so-called “deliberate wear”.

(8) The customer is not entitled remove an existing defect him or herself directly or have it removed by a third party (self-help); potential expenditures accrued for this purpose will not be reimbursed.

(9) Companies must communicate any apparent defects in writing to the above contact address within two weeks of receiving the goods. Otherwise, the raising of a warranty claim is excluded. The notification of defects is deemed punctual if it is dispatched in due time. The complete burden of proof for all conditions of entitlement, especially for the defect itself, for the moment of discovering the defect and for the timeliness of the notification of defects lies with the company.

(10) Insofar as compensation claims are referred to in this clause, claims for the reimbursement of unsuccessful expenditures are also included. Unless explicitly stipulated otherwise, the legal requirements regarding the commencement of the limitation period, the suspension of expiry, the suspension and the recommencement of deadlines remain unaffected.

(11) A change in the burden of proof to the detriment of the purchaser is not associated with the aforementioned regulations.

§ 9 Liability

(1) In accordance with the legal regulations, the supplier is unreservedly liable for damages from injury to life, body or health that result from a deliberate or negligent breach of duty on his or her part, by his or her legal representatives or proxies, and for any other damages that result from a deliberate or negligent breach of duty and malice on his or her part, by his or her legal representatives or proxies. Moreover, the supplier is unreservedly liable for damages that are included in the liability according to the mandatory legal regulations, such as the product liability law.

(2) For damages caused by ordinary negligence, the supplier is liable insofar as the negligence involves the injury of the contractual obligations, the compliance with which is of particular importance to achieve the purpose of the contract (cardinal duties). In this, however, the liability is restricted to calculable, direct average damage as per standard contract provisions.

(3) In the case of plainly or slightly negligent injury to nonessential contractual obligations, the supplier is liable to consumers; in this, however, the liability is restricted to calculable, direct average damage as per standard contract provisions.

(4) Further liability is excluded without regard to the legal status of the alleged claim; this also applies to tort claims. Insofar as the liability is excluded or limited as aforementioned, this also applies to the personal liability of staff, employees, associates and proxies.

§ 10 Storage of Contract Text, Data Protection

Storage of the text of the contract, data protection

The following contains information on handling personal data.

(1) Personal data on or in operating the website is strictly only compiled to a technically necessary extent. Personal data means inventory data, such as a person’s name and address and the usage data (e.g. username, password, IP address). Data communicated by the customer in conjunction with orders. This includes the correspondence address and any other data necessary for a possible order transaction that is necessary for the establishment, implementation and processing or the orders and for the purpose of future support and customer care. This is processed and used by the supplier in this respect. The information is used to process inquiries, the possible delivery of goods and the performance of services, and to process payments. Should you make a purchase, your personal data (e.g. name, address, postal address etc.) is transferred to us to process the order. In doing so, insofar as it necessary for the sales administration, the sales data is passed on to

 DHL Vertriebs GmbH & Co OHG
Charles-de-Gaulle-Str. 20
53113 Bonn

An additional transfer of personal data to a third party does not take place. Insofar as third parties are commissioned to perform tasks – such as mail-order firms or companies involved in processing payments – the personal information necessary to perform these tasks is placed at their disposal. The data will not be used for other purposes; moreover, they are under an obligation to treat the information received in accordance with this privacy policy and the German data protection acts.

(2) The email address registered with the order will not be processed or used automatically for marketing measures – e.g. to send information via email (newsletter) for advertising purposes. Nevertheless, the customer has the option to subscribe (“opt in”) to such offers.

(3) In the following, the supplier’s data processing is explained. Data that the individual user’s browser transfers is stored automatically within the server statistics (so-called “server log files”). However, normally the data cannot be ascribed to a particular person. The data stored will not be conflated with other data sources. Specifically, the data stored concerns the following:

• Browser type/version

• Operating system used

• Referrer URL (source URL)

• IP address of the accessing computer

• Time of the server request

• HTML pages visited

When logging in, the date, time and individual login identification will also be saved. Within the pages, temporary cookies will be placed for the purpose of an alphanumeric identifier; these are deleted when the browser is closed. The functionality of the online shop is also possible without cookies insofar as they have been blocked by the client. Moreover, if the client accepts the setting of cookies, the user ID is saved in coded form without the corresponding personal data to simplify the login procedure. The customer thus consents to user data being compiled, processed and used with the aid of cookies to facilitate the management of the activities within the online shop. In doing so, the cookies primarily serve to simplify the login procedure, and the listing of previously selected product views and the collective display of several products within the (virtual) shopping basket.

(4) Information on the personal data stored with the supplier can only be provided within the previously indicated scope – above all on the data submitted by customer in conjunction with inquiries, orders etc. Apart from that, as regards the data stored merely by using the website, it cannot usually be assigned to a particular person.

(5) Consent to the processing of personal data can be revoked at any time effective for the future. This can occur by sending notification to the address below or via email to info@contigo.de. For further questions on the treatment of data, the supplier can be contacted at the following address:

CONTIGO Fairtrade GmbH
Geschäftsführer: Ingo Herbst
Wilhelm-Lambrecht-Str. 3
37079 Göttingen
Germany

info@contigo.de
Telephone: +49 (0)551 - 2 09 21 - 0

§ 11 Packaging regulations

In accordance with the packaging regulations, the supplier is under an obligation to redeem any product packaging that does not bear the symbol of an extensive waste disposal system (such as Duales System Deutschland AG’s Grüne Punkt (green dot) or the “RESY” symbol) and provide for its reuse or disposal.

For further clarification regarding the restitution of packaging, contact the supplier at the following address:

CONTIGO Fairtrade GmbH
Geschäftsführer: Ingo Herbst
Wilhelm-Lambrecht-Str. 3
37079 Göttingen

Germany
info@contigo.de
Telephone: +49 (0)551 - 2 09 21 - 0

The supplier will then designate a municipal collecting point or a waste disposal company in your vicinity that will accept the packaging free of charge. Should this not be possible, you have the possibility of sending the packaging to the supplier, who will reuse or dispose of it in accordance with the packaging regulations.

§ 12 Final Provisions

(1) These GTC are bound and construed in accordance with the laws of the Federal Republic of Germany. For consumers who do not enter into the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted is not revoked by stringent regulations of the law of the country in which the consumer normally resides. The place of jurisdiction for traders is the supplier’s registered office. The language of the contract is German.

(2) The regulations of the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.