1.2 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all offers, purchase contracts and deliveries based on orders from customers of oxytec (hereinafter referred to as "Customers"). General terms and conditions of customers or third parties shall not apply unless oxytec expressly agrees to their validity; a separate objection by oxytec is not required.

1.3 Consumers and entrepreneurs. These GTC are aimed at both consumers and entrepreneurs, whereby individual provisions only apply to consumers or companies if this is expressly provided for. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity.

2.1 Registration. In order to order products from oxytec via the oxytec webshop, the customer can either register as a customer on the oxytec webshop website and create a user account for this purpose or he can order the products as a guest (see section 3.4). To create a user account, the customer must enter his user name or e-mail address and set a password of his choice. The customer is obliged to keep the password secret. He must ensure that the password is only used for authorized use. oxytec points out that employees may under no circumstances request passwords from customers. If the customer suspects misuse, he is obliged to change his password and inform oxytec. The customer must have reached the age of 18 to register. Upon successful registration, the customer receives his own user account, which enables him to order the selected oxytec products from the oxytec webshop. In his user account, the customer can view his orders, manage customer data, change passwords and store shipping addresses.

2.2 Correct information. The customer is obliged to provide correct and complete information when registering (and when ordering) and to update this information in the event of changes.

2.3 Registration. If the customer has already registered, he must log in with his user account for each order via the oxytec webshop hop, unless he orders the products as a guest (Section 3.4).

2.4 Non-binding nature. Registration and any further registration shall be free of charge and non-binding. The obligation to conclude a purchase contract for a product from oxytec is not associated with this. The customer has no claim against oxytec for registration on the website of the oxytec webshop. oxytec reserves the right to refuse the registration of individual persons for good cause.

3.1 No binding offer. The presentation of oxytec's products on the oxytec webshop website is expressly not associated with an offer to conclude a purchase contract by oxytec. Rather, it is an invitation to submit an offer to purchase the products by the customer.

3.2 Offer by the customer. The offer to conclude a purchase contract with oxytec for a product selected by the customer is made by the customer placing an order in accordance with the following provisions (Section 3.3).

3.3 Orders in the oxytec webshop. The order of the selected product (and the submission of the offer) is made via the oxytec webshop in accordance with the following provisions. The customer must first select the desired product in the oxytec webshop and place the product in the shopping cart by clicking the "Add to cart" button. After the customer has placed the product in the shopping cart, the customer can view his order in the shopping cart, change the quantity of the desired product or remove the product from his shopping cart. By clicking the "Continue shopping" button, the customer can add further products to the shopping cart. Once the customer has placed all the desired products in the shopping cart, they can complete the order by clicking the "Proceed to checkout" button. The customer can proceed to checkout as a guest by clicking on the respective buttons (section 3.4), or register first and create a user account (section 3.5). If the customer has already registered, he can log in with his user account via the input fields displayed and complete the order.

3.4 Ordering as a guest. If the customer wishes to checkout as a guest, they must enter their personal details and a billing address as well as details of the shipping address. The customer will then be informed of the shipping method and the shipping costs incurred. After the customer has selected a payment method (see section 4.3) (and provided the necessary information), the customer is shown an order overview. The customer can change the order and his personal data in the order overview by clicking on the buttons provided for this purpose.By clicking on the "Order with obligation to pay" button, the customer submits a binding offer to conclude a purchase contract for the selected product(s).

3.5 Ordering via the user account. If the customer wishes to complete the order via a user account, he must first register or, if he has already registered and created a user account, log in with his login details. The customer must - as described in section 3.4 - provide information on the billing address and, if different, the shipping address and will receive corresponding information on the shipping method and shipping costs. After selecting the means of payment, the customer can change the order or his personal data in the order overview using the buttons provided for this purpose. By clicking on the "Order with obligation to pay" button, the customer submits a binding offer to conclude a purchase contract for the selected product.

3.6 Confirmation of order receipt. After ordering the selected product via the oxytec webshop, the order number is displayed to the customer on the final page. The customer then receives an automated e-mail confirming receipt of the order, hereinafter referred to as "order receipt confirmation". The order confirmation contains the order data for the products ordered by the customer as well as the selected payment method. An acceptance of the offer to conclude a purchase contract by oxytec is expressly not associated with the order confirmation. The order confirmation merely confirms to the customer that his order has been received by oxytec and will be processed further. The purchase contract for the product ordered by the customer is not thereby concluded.

3.7 Acceptance and conclusion of the contract. oxytec accepts the customer's offer by sending the customer a further e-mail confirming the shipment of the ordered product, hereinafter "shipping confirmation". oxytec is not obliged to send a shipping confirmation. If the customer has ordered deliverable products and has not received a shipping confirmation, the shipment of the products constitutes acceptance of the offer by oxytec. With the acceptance of the offer by oxytec, the purchase contract for the ordered products is concluded. If oxytec does not accept the offer within 7 days, calculated from the day following the day of the customer's order, this shall be deemed a rejection of the offer by oxytec.

3.8 No obligation to accept. oxytec is not obliged to accept the customer's offer. If oxytec does not accept the customer's offer, oxytec shall be obliged to reimburse any services already rendered by the customer without delay. 3.9 Contract text and contract language. The orders placed by the customer via the oxytec webshop can be viewed at any time in the customer's user account under the "My Account" tab. The contract text of the individual orders is written in German or English and is stored for the customer under the "My Account" tab.

4.1 Prices. The prices for the respective products can be found directly on the website of the oxytec webshop. All prices stated there include the applicable value added tax. Depending on the respective product, shipping costs (postage, packaging and possibly insurance costs) may also be incurred. The additional shipping costs will be displayed to the customer before the order process is completed and therefore before the offer is submitted.

4.2 Customs duties. When importing goods into countries outside Germany, export restrictions may apply and import duties and taxes may be incurred which the customer must pay. These vary in different customs territories. The customer is responsible for the proper payment of the necessary customs duties, taxes and fees.

4.3 Means of payment. The customer may choose to pay for his orders by credit card, SOFORT bank transfer, PayPal or purchase on account. (tbd)

4.4 Credit card. When paying by credit card (Master Card or VISA), the customer enters his credit card number in the fields provided when placing the order and confirms it. The credit card will be debited once with the invoice amount (including shipping costs) after the ordered products have been shipped and a corresponding invoice has been issued. In the event of a rejection of the credit card charge, the customer undertakes to pay the invoice amount (including shipping costs) plus any costs incurred due to the revocation of the credit card charge immediately, at the latest within 10 days of receipt of the products.

4.5 PayPal. If the customer selects PayPal as a payment method when ordering, the customer will be forwarded directly to the PayPal website. Here the customer logs in with his access data and confirms the payment process. The customer's PayPal account is immediately debited with the invoice amount (including shipping costs). If a product is not available or if the customer effectively cancels his order, the debited invoice amount will be refunded to the PayPal account.

4.6 SOFORT bank transfer. If the customer decides to pay by "Sofort Überweisung" during the ordering process, the customer's contact details will be transmitted to the payment service provider as part of the order triggered in this way. In the case of "Sofort Überweisung", the invoice amount is due for payment to the external partner of oxytec, namely Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna") on the calendar day specified in the invoice. The payment method "Sofort Überweisung" is available for private customers from Germany. If the customer is permitted to purchase via "Sofort Überweisung" for certain offers, the payment will be processed by Klarna. After submitting the order, the customer is forwarded to Klarna and instructs them to make the payment via the online banking account. In this case, the customer can only make payment to Klarna with debt-discharging effect, as oxytec assigns the corresponding payment claims to Klarna. oxytec remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, revocation declarations and returns or credit notes, even when purchasing by "Sofort Überweisung" via Klarna. Klarna's General Terms and Conditions apply. Personal data of the customer will be processed by Klarna in accordance with the applicable data protection laws and as described in Klarna's privacy policy.

4.7 Invoices. Invoices from oxytec for the ordered products and shipping costs incurred are either provided by oxytec to the customer as an attachment to an e-mail (PDF file) or enclosed with the shipped product.

5.1 oxytec carries out discount promotions in the (PDF file) from time to time.

5.2 With a discount promotion in the oxytec webshop, oxytec can grant the customer a discount for the customer's current or next purchase in the oxytec webshop. The amount of the respective voucher will be determined in advance by oxytec.

5.3 Discount promotions can be carried out with or without a discount code. The discount code must be entered by the customer in the field provided when ordering; subsequent deduction is not possible. oxytec reserves the right to change or terminate a promotion without notice. For redemption, the customer must fulfill the redemption conditions within the promotion period as well as any defined minimum order value. Cash payment is not possible under any circumstances. The amount of the discount will be deducted from the order total specified in the shopping cart.

6.1 Delivery. The products are provided with an availability indication on the website of the oxytec webshop. If the desired product is available in the oxytec webshop, the information "In stock" and an indication of the respective delivery time will appear. The delivery time specified in the order begins (a) when paying by PayPal, on the day of receipt of the full invoice amount (including VAT and any shipping costs), but not before the contract has been concluded; and (b) when paying by bank transfer, purchase on account or credit card, on the day the contract is concluded. If a delivery time is not specified, oxytec shall deliver the ordered product within 14 working days (depending on the choice of means of payment in accordance with sections 6.1(a) and 6.1(b), calculated from the conclusion of the contract or receipt of the full invoice amount, provided that the product is "In Stock" and therefore available.

6.2 Lack of availability. If the desired product is "Not in stock" and therefore not available, the customer can only pre-order the product by e-mail at (e-mail tbd) or in the online store. As soon as the product is available, oxytec will inform the customer of the availability and delivery time by e-mail. If the desired product cannot be delivered by oxytec's supplier for reasons for which oxytec is not responsible, oxytec may withdraw from the contract with the customer in accordance with the statutory provisions.

6.3 Shipping. Unless otherwise agreed, oxytec shall decide on the mode of dispatch and the transport company at its reasonable discretion. oxytec shall only owe the proper and, if a delivery time has been agreed, the timely delivery of the products.

6.4 Delivery and shipment of several products. If the customer has purchased several separately usable products in one order, oxytec may also ship them in several separate deliveries, whereby oxytec shall bear the additional shipping costs caused thereby itself. The statutory rights of the customer with regard to timely and proper delivery are not limited by this.

6.5 Transfer of risk. If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered products shall pass to the customer at the time the goods are delivered or made available to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company, provided that oxytec only owes the shipment.

7. set-off: The customer shall not be entitled to set-off unless the counterclaim is undisputed or has been legally established.

8.1 oxytec retains title to the delivered products until full payment of the invoice amount including VAT and shipping costs for the product in question.

8.2 Disposal of reserved goods. The customer is not entitled to dispose of the ownership of the delivered products still subject to retention of title, hereinafter "reserved goods", without the prior written consent of oxytec. The disposal of the customer's legal position with regard to the reserved goods (so-called expectant right) remains permissible as long as the third party is informed of oxytec's right of ownership. The customer shall treat the reserved goods with care.

8.3 Access by third parties. In the event of access by third parties - in particular by bailiffs - to the reserved goods, the customer shall point out oxytec's ownership and notify oxytec immediately.

8.4 Withdrawal. In the event of default in payment, oxytec shall be entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the reserved goods.

9.1 Statutory warranty right. The statutory warranty law and the following provisions shall apply to the products delivered by oxytec.

9.2 Period. The statutory warranty period applies to consumers. For entrepreneurs, it is one year from delivery or provision.

10.1 oxytec is liable for damages based on an intentional or grossly negligent breach of duty by oxytec or a legal representative or vicarious agent of oxytec.

10.2 In addition, oxytec shall be liable for the slightly negligent breach of material contractual obligations. Essential are such obligations whose breach jeopardizes the achievement of the purpose of the contract or whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer may regularly rely. In such a case, oxytec's liability is limited to the foreseeable, typically occurring damage. Otherwise, oxytec's liability for slightly negligent breach of duty is excluded. The above limitations shall also apply if the customer demands compensation for useless expenses instead of a claim for compensation for the damage instead of performance.

10.3 oxytec shall not be liable for indirect damages, consequential damages or loss of profit, unless the claim is based on intent on the part of oxytec, its vicarious agents or its organs or its executives. 10.4 The unlimited liability for culpable injury to life, body or health remains unaffected; the same applies to any liability under the Product Liability Act.

10.5 Insofar as oxytec's liability for damages is excluded or limited, this shall also apply with regard to any personal liability of its employees, representatives and vicarious agents.

11.1 Revocation. Customers who are consumers are entitled to the right of revocation in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

11.2 Cancellation policy. If the customer is a consumer and the subject of his order is the delivery of physical goods (hereinafter "goods"), the withdrawal policy for the purchase of goods pursuant to Section 11.3 shall apply to this customer.

oxytec AG
Feldeggstr. 39
8034 Zurich