GENERAL TERMS AND CONDITIONS OF USE & SALE

of SOX IN A BOX Kai Krüger www.soxinabox.de

Owner: Kai Krüger; Stralauer Allee 1, D-10245 Berlin, Germany

• 01 Subject matter
  The following terms and conditions apply to orders and deliveries of goods and subscription products which the customer orders by online shopping on the internet at soxinabox.de.
• 02 Exclusive application of the general terms and conditions of use & sale
  The following terms and conditions of business have exclusive application in relation to these services.
• 03 Formation of contract
  All services provided by SOX in a BOX are non-binding. The contract between the customer and SOX in a BOX only comes into effect when the customer places an order and it is accepted by SOX in a BOX. The customer's order is made online through completion of the order form made available on the internet by SOX in a BOX. SOX in a BOX accepts the order by sending confirmation to the customer by e-mail or implies acceptance through delivery of the goods ordered. The minimum contract period for subscriptions is one year.
• 04 Cancellation of subscriptions
  Subscriptions are subject to a period of notice.
  Subscriptions can be cancelled with effect to the end of the relevant contract period. Cancellation notices must be received by SOX in a BOX by the 15th day of the preceding month. All cancellations must be made in writing; refusal to accept deliveries does not constitute notice of cancellation. If notice of cancellation is not received by the specified date, the subscription is automatically extended by the stated contract period. Excluded from the obligation to give notice are subscriptions which are specially designated as gift subscriptions. The special designation is made by choosing the "Send basket as a gift" option during the purchase process. Subscriptions thus designated terminate automatically at the end of the stated contract period (normally one year).
• 05 Delivery
  1. If nothing to the contrary is agreed, delivery takes place from SOX in a BOX's warehouse.
  2. The time limits and dates specified by SOX in a BOX are subject to change. SOX in a BOX shall endeavour to deliver goods ordered to customers within 7 working days; deliveries under the subscription service take place in accordance with the terms of the contract. If a delivery cannot be made within 4 weeks from the date the order is placed, where nothing to the contrary was agreed, the customer may withdraw from the contract.
  3. If the customer does not take delivery of the goods despite a time limit being set for this or if the customer declines acceptance, SOX in a BOX can, at its discretion, withdraw from the contract or demand compensation for breach of contract. SOX in a BOX can demand 10 percent of the order price excluding deductions by way of compensation for breach of contract. The right is reserved to the customer to prove that SOX in a BOX incurred no loss or a lower loss.
• 06 Retention of ownership
  SOX in a BOX retains ownership of the goods purchased until the customer has settled the purchase price for the goods and for all other goods from the same order in full.
• 07 Payment/shipping costs
  1. The purchase price is due upon delivery of the goods ordered. In the case of subscriptions the purchase price is calculated in advance as per contract.
  2. The customer can make payments by direct debit (only within Germany) or by credit card. If nothing to the contrary is stated, shipping costs are included in the price for the goods or in the subscription price.
• 08 Pricing
  SOX in a BOX reserves the right to adjust the price for an annual subscription after the first contract year if public charges such as value added tax or salary, material or external costs have risen. An increase in the said costs resulting in a price rise which would be significantly higher (more than 25 percent) than the increase in the general cost of living in the reference period entitles the customer to terminate the contract in writing within a period of 4 weeks.
• 09 Offsetting
  The customer can only offset such claims as have been finally determined by the courts or are not disputed by SOX in a BOX. The customer has a right of retention only in respect of claims arising from the same contractual relationship.
• 10 Default
  If the customer is in default of payment, interest will be charged on the outstanding balance at the rate of 3% above the European Central Bank's base rate. The right is reserved to the customer to prove that SOX in a BOX incurred a smaller loss or no loss at all. SOX in a BOX expressly reserves the right to assert further claims.
• 11 Warranty and liability
  The warranty is in accordance with the statutory provisions insofar as nothing to contrary is provided below.
• 12 Right of cancellation pursuant to section 3, subsection 1 German Distance Selling Act (FernAbsG) in conjunction with section 361a German Civil Code (BGB)
  1. The customer can cancel his/her purchase offer within 30 days of the day of receipt of the goods or in the case of the subscription service, within 30 days of the first delivery.
  2. The order can be cancelled in writing, on another permanent data medium (e.g. by e-mail) or by returning the goods; for compliance with the time limit it is sufficient if the goods are dispatched within the prescribed period.
  3. If the customer cancels within the prescribed period, he/she is no longer bound to the contract. SOX in a BOX shall refund the purchase price already paid.
  4. In the case of goods which are not in the original packaging or which have been used or damaged the customer must pay compensation for lost value.
  5. Notice of cancellation should be addressed to: SOX IN A BOX Kai Krüger, Stralauer Allee 1, D-10245 Berlin, Fax: +49 30 7568749-9; E-mail: info@soxinabox.de.
• 13 Data protection
  The customer's personal data shall only be collected within the framework of the statutory provisions of the German Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG). The customer agrees that Deutsche Post AG shall notify SOX in a BOX of his/her correct address if an item of mail could not be delivered at the address given (section 4 German Postal Services Data Protection Order (Postdienst-Datenschutzverordnung)
• 14 Final provisions
  1. If one or more of the provisions of these terms and conditions should become ineffective, this shall not result in the invalidity of the whole contract. The invalid term shall be replaced by the relevant statutory provision.
  2. Only German law applies to this contract, to the exclusion of the UN Sales Law.
  3. As far as can be bindingly agreed between the contracting parties, the place of jurisdiction and of performance is Berlin, Germany.