General Terms and Conditions for the LastDraw Online Shop

General Terms and Conditions of Last Media GmbH for the LastDraw Online Shop

§1 Scope and Definitions

(1) The following General Terms and Conditions apply to all deliveries between us (hereinafter referred to as "LastDraw" or "Seller") and a consumer or entrepreneur (hereinafter referred to as "Customer") in their valid version at the time of ordering.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity (§ 13 German Civil Code).

§2 Conclusion of Contract, Storage of Contract Text

(1) The following provisions regarding the conclusion of a contract apply to orders placed through our online shop lastdraw.com.

(2) In the event of the conclusion of a contract, the contract is concluded with:

(3) The presentation of goods in our online shop does not constitute a legally binding offer on our part but is only a non-binding invitation for the customer to order goods. By placing an order for the desired goods, the customer makes a binding offer to conclude a purchase contract.

The acceptance of the offer is made in writing or in text form or by sending the ordered goods within one week. If the deadline expires without acceptance, the offer is deemed rejected.

(4) The following regulations apply upon receipt of an order in our online shop:
The customer makes a binding contract offer by successfully completing the order process provided in our online shop.

The ordering process consists of the following steps:

The customer can return to the webpage where the customer's information is captured and correct any input errors or cancel the ordering process by clicking the "Back" button before submitting the order.
We will immediately confirm the receipt of the order by an automatically generated email (order confirmation). However, this confirmation does not constitute acceptance of the offer. The acceptance of the offer is made in writing, in text form, or by sending the ordered goods within one week.

(5) Storage of the contract text for orders placed through our online shop: We store the contract text and send you the order details and our terms and conditions via email. You can also view the terms and conditions at any time at www.lastdraw.com/legal/shop-terms-and-conditions.
You can view your past orders in our customer area under Account --> Purchases.

§3 Prices, Shipping Costs, Payment, Due Date, Invoice

(1) The prices indicated include the statutory value-added tax and other price components. Shipping costs may apply additionally. Items labeled "DS" in the item description are subject to differential taxation.

(2) The customer has the option to top up their credit account (E-Wallet) with our payment service provider "Mangopay" using the following payment methods: - Advance payment, - Credit card (Visa, Mastercard, American Express, Diners, Masterpass, Maestro, P24, IDEAL, BCMC, Paylib).

(3) The customer has the option to save their credit card and use it automatically for every purchase. By checking the box that says "Use this card as your default if you commit a purchase." the customer authorizes LastDraw to charge their credit card immediately after each purchase in order to pay for it.

(4) If the customer has chosen payment in advance, he/she is obliged to pay the purchase price immediately after the conclusion of the contract.

(5) The customer bears the transaction fees determined by LastDraw. These fees are indicated for each payment method.

(6) The customer must top up his/her credit account (E-Wallet) to pay for purchases at LastDraw. This can be done before or after the purchase.

(7) LastDraw provides a monthly consolidated invoice for all incurred fees. Customers can find this invoice on LastDraw in their profile under the section "Invoices".

§4 Delivery

(1) Unless otherwise clearly stated in the product description, all items offered by us are ready for immediate shipment. The shipment will be made within 5 business days at the latest.
The delivery period starts on the day of receipt of payment after the conclusion of the contract.
If the deadline falls on a Saturday, Sunday, or public holiday at the place of delivery, the deadline ends on the next business day.

(2) The risk of accidental loss and deterioration of the goods sold shall pass to the buyer even in the case of a sale by mail order only upon delivery of the goods to the buyer.

§5 Retention of Title

(1) We reserve the right to retain ownership of the goods until full payment of the purchase price has been made.

§6 Warranty Rights and Shortening of the Statute of Limitations

(1) Statutory warranty rights
Statutory warranty rights apply to our products.

(2) Shortening of the statute of limitations for used goods in relation to consumers
It is agreed to shorten the statute of limitations for warranty claims on used goods to one year.

This agreement does not apply to claims for damages, claims for defects that we have fraudulently concealed, and claims arising from a guarantee that we may have assumed for the condition of the goods. The statutory deadlines apply to these excluded claims. If there is a guarantee period, the longer period shall apply in favor of the guarantee holder.

(3) Limitation of warranty rights (liability) in relation to business customers
Your warranty claims due to defects in the goods sold shall expire one year after the transfer of risk. The following claims are excluded from this regulation: - Claims for damages - Claims for defects that have been fraudulently concealed - Claims arising from a guarantee, if applicable - Claims for recourse according to §§ 445a, 478 BGB (German Civil Code) - Claims for defects in construction materials and components that have been used for a building in accordance with their customary purpose and have caused its defective condition. The statutory limitation periods apply to these excluded claims. In the case of an applicable guarantee period, the longer period shall apply in favor of the buyer.

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§7 Right of Withdrawal for Customers as Consumers:

Right of Withdrawal for Consumers

Consumers are entitled to a right of withdrawal in accordance with the following provisions. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity:

Cancellation Policy

Right of Withdrawal

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

The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us
by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, although it is not mandatory.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (except for any additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. This refund will be credited to your credit account; in no case will you be charged fees for this refund.

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

You have to return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiration of the period of fourteen days.

You bear the direct costs of returning the goods.

End of Cancellation Policy

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§8 Withdrawal Form

Sample Withdrawal Form

(If you want to withdraw from the contract, please fill out this form and send it back.)
(*) Delete as appropriate.

§9 Warranty

(1) The statutory warranty regulations apply.

§10 Pre-orders

(1) A pre-order constitutes an offer in which the fulfillment date lies in the future.

(2) After purchasing a pre-order, we fulfill the purchase contract on the specified date.

(3) If there are deviations on the part of the manufacturer/supplier, the fulfillment date automatically changes to the newly specified date.

(4) When purchasing a pre-order, i.e., an offer where the fulfillment date lies in the future, we reserve the right to cancel the purchase contract if there are product shortages on the part of our suppliers/manufacturers, as we do not guarantee to receive the complete ordered quantity.

§11 Packaging Fee

(1) A packaging fee will be charged for each order, which is determined based on the price and the packaging cost. By agreeing to our terms and conditions, you consent to this fee.

(2) The fee is indicated in your shopping cart and varies depending on the price and product.

§12 Redemption of Discount Codes

(1) Discount codes, which are provided free of charge by the seller as part of promotional campaigns with a specific validity period and cannot be purchased by the customer (hereinafter referred to as "discount code"), can only be redeemed in the seller's online shop and within the specified period.

(2) Discount codes can only be redeemed by consumers.

(3) Individual products may be excluded from the discount code promotion if such a restriction is indicated in the content of the promotional voucher.

(4) Discount codes can only be redeemed before the order process is completed. Retroactive settlement is not possible.

(5) Only one discount code can be redeemed per order.

(6) The value of the goods must at least correspond to the amount of the discount code. Any remaining credit will not be refunded by the seller.

(7) If the value of the discount code is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

(8) The credit of a discount code will not be paid out in cash or bear interest.

(9) The discount code will not be refunded if the customer returns the goods, either in full or in part, for which the discount code was used, within the scope of their statutory right of withdrawal.

(10) The discount code is transferable. The seller can fulfill their obligations to the respective holder who redeems the discount code in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity, or lack of authorization to represent the respective holder.

§13 Redemption of Vouchers

(1) Vouchers that can be purchased through the seller's online shop (hereinafter referred to as "vouchers") can only be redeemed in the seller's online shop unless otherwise stated on the voucher.

(2) Vouchers and remaining credits from vouchers can be redeemed until the end of the third year after the year of voucher purchase. Remaining credits will be credited to the customer until the expiration date.

(3) Vouchers can be used at any time to top up the customer's credit account.

(4) Multiple vouchers can be redeemed for one order.

(5) Vouchers can only be used for purchasing goods and not for purchasing additional vouchers.

(6) If the value of the voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

(7) The credit of a voucher will not be paid out in cash or bear interest.

(8) The voucher is transferable. The seller can fulfill their obligations to the respective holder who redeems the voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity, or lack of authorization to represent the respective holder.

§14 Reviews

(1) After completing a transaction, users can rate LastDraw. The reviews are not verified by LastDraw and may be inaccurate or misleading.

(2) Users are obligated to provide truthful information in the submitted reviews. The reviews must be factual and should not contain defamatory criticism.

(3) LastDraw reserves the right not to display or delete reviews or request a new review from customers.

(4) Any abusive use of the review system is prohibited. In particular, it is prohibited to:

1. Submit reviews about oneself or have them submitted by third parties.
2. Include circumstances in reviews that are unrelated to the processing of the respective transaction.
3. Use reviews for purposes other than trading on LastDraw.

§15 E-Wallet (LastDraw Balance)

(1) E-Wallet refers to the financial service provided by the E-Wallet provider, which allows users to create E-Wallets on LastDraw. With the E-Wallet, users can store money and purchase items from LastDraw on the platform.

(2) E-Wallet provider refers to the LastDraw payment service provider MANGOPAY SA, a limited liability company registered in Luxembourg. MANGOPAY SA is a licensed electronic money institution regulated by the Luxembourg Financial Sector Supervisory Commission ("Commission de Surveillance du Secteur Financier") and offers payment services, including E-Wallet and escrow account services, on the platform.

(3) The customer can request a withdrawal of the funds on their E-Wallet to their bank account at any time. For amounts over €50, the customer can use the "Withdraw" function. For smaller amounts, the customer must inform LastDraw Support about the withdrawal request. Verification of the customer (proof of identity) is always required for withdrawal.

§16 Limitation of Liability

(1) LastDraw is liable in accordance with the statutory provisions for willful intent and gross negligence of LastDraw, its legal representatives, executives, or other vicarious agents. The same applies to the assumption of guarantees or other non-contractual liability, as well as claims under the Product Liability Act or in case of culpable injury to life, limb, or health. LastDraw is generally liable for negligent breaches of material contractual obligations caused by LastDraw, its representatives, executives, and ordinary vicarious agents, i.e., obligations on which the user regularly relies and whose fulfillment the user can rely on in the proper performance of the contract. In any case, the amount is limited to the typically occurring, foreseeable damage.

(2) Further liability of LastDraw is excluded.

(3) To the extent that LastDraw's liability is excluded or limited, this also applies to the personal liability of its legal representatives, executives, and ordinary vicarious agents.

§17 Applicable Law

(1) The laws of the Federal Republic of Germany apply to all legal relationships between the parties, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.

(2) Furthermore, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of the conclusion of the contract are outside the European Union.

§18 Alternative Dispute Resolution

(1) The European Commission provides an online dispute resolution platform on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

(2) The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

§19 Language of the Contract

(1) The exclusive language of the contract is German.
(2) Translations are provided for the customer's convenience only.
(3) For the contracting parties, the German language version, not the translation, is legally binding. In the event of a conflict between the German language version and a translation, the German language version is authoritative and not its translation(s).

§20 Postal Advertising

(1) The customer agrees, revocably, that LastDraw may use their contact information (postal address) for consultation and advertising purposes exclusively for its own purposes, and may send them current product information in this manner. The customer can withdraw their consent at any time.

§21 Final Provisions

(1) In order to fulfill the contract and exercise LastDraw's rights under this contract, LastDraw may use other companies.

(2) LastDraw is entitled to transfer its rights and obligations under this contractual relationship to a third party in whole or in part with a notice period of four weeks. In this case as well, the user has the right to terminate the contract free of charge and without prior notice in accordance with § 5 para. 3 of these LastDraw Terms and Conditions.

(3) LastDraw may propose changes to these general terms and conditions of LastDraw to the user at any time. Changes to these LastDraw terms and conditions will be offered to the user in writing at least 30 days before the proposed date of their entry into force (e.g., by email). The user's consent shall be deemed to have been granted if LastDraw does not receive a rejection in writing before the proposed date of the entry into force of the changes. If the user does not agree to the changes, the user has the right to terminate the contract free of charge and without prior notice until the proposed date of the entry into force of the changes. In the notification offering the changes, LastDraw also explicitly points out the right to reject, the deadline for doing so, and the possibility of termination. The amended LastDraw terms and conditions will also be published on the LastDraw website.

(4) If individual provisions of these general terms and conditions of LastDraw are or become invalid or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The legal right shall replace the provisions of these LastDraw terms and conditions that are not included or are ineffective. If such a legal right is not available (gap) or would lead to a non-sustainable result in the respective case, the parties shall enter into negotiations to replace the non-included or ineffective provision with an effective provision that comes as close as possible to its economic purpose.

(5) All statements transmitted within the scope of the user contract concluded with LastDraw must be made in writing or in text form (e.g., by email).

(6) The user agreement with these LastDraw terms and conditions is subject to German law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. For consumers residing in the EU, the mandatory provisions of consumer protection law of the member state in which the consumer is resident shall also apply, provided that they are more advantageous for the consumer than the provisions of German law. (7) LastDraw is neither willing nor obliged to participate in dispute resolution proceedings with consumers before a consumer arbitration board. LastDraw is willing to settle disputes with commercial users out of court. However, before initiating such a mediation process, commercial users should attempt to clarify their concerns regarding LastDraw customer service.

(8) For users who are merchants within the meaning of the German Commercial Code, public-law special assets, or legal entities under public law, Bayreuth is the exclusive place of jurisdiction for all disputes arising from the user contract and these LastDraw terms and conditions.

(9) For users who are consumers, there is a place of jurisdiction at the respective place of residence of the user and at the headquarters of LastDraw. For all disputes arising from the user contract and these LastDraw terms and conditions, Bayreuth is the additional place of jurisdiction for consumers residing in Germany, Austria, and Switzerland. LastDraw may only take legal action against consumers in court at their place of residence.

Terms and conditions applicable since: July 2023