Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Statutory Warranty)
8. Redemption of Promotional Vouchers
9. Applicable Law
10. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Timotei Buhai, trading as "ATMOS Clothing" (hereinafter referred to as the "Seller"), apply to all contracts concluded between a consumer or business customer (hereinafter referred to as the "Customer") and the Seller concerning the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or independent professional activity.

1.3 For the purposes of these GTC, a business customer is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the course of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit an offer using the online order form integrated into the Seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer concerning the goods and/or services contained in the shopping cart by clicking the button marked "Order with obligation to pay" that completes the ordering process.

2.3 The Seller may accept the Customer's offer within five days:

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive; or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive; or
• by requesting payment from the Customer after the Customer has placed the order.

If several of the above alternatives apply, the contract is concluded at the time when the first of these alternatives occurs. The period for accepting the offer begins on the day following the Customer's submission of the offer and ends upon expiry of the fifth day following its submission. If the Seller does not accept the Customer's offer within this period, the offer is deemed rejected, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button completing the ordering process.

2.5 When an offer is submitted through the Seller's online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g. email, fax, or letter), together with these GTC, after the order has been submitted. In addition, the contract text is archived on the Seller's website and can be accessed by the Customer free of charge through their password-protected customer account using the relevant login details, provided that the Customer created a customer account in the Seller's online shop before submitting the order.

2.6 Before submitting a binding order through the Seller's online order form, the Customer can identify possible input errors by carefully reviewing the information displayed on the screen. An effective technical means of identifying input errors is the browser's zoom function, which enlarges the display. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and communication generally take place by email and through automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the Seller's withdrawal instructions.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices including the applicable statutory value-added tax (VAT). Any additional delivery and shipping costs will be stated separately in the relevant product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These may include costs associated with money transfers by financial institutions (e.g. transfer fees or exchange rate fees) or import duties and taxes (e.g. customs duties). Such money transfer costs may also arise if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 Various payment methods are available to the Customer and are displayed in the Seller's online shop at the beginning of the ordering process.

4.4 If advance payment has been agreed upon, payment is due immediately after conclusion of the contract.

4.5 If a payment method offered through "Shopify Payments" is selected, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered through Shopify Payments are communicated to the Customer in the Seller's online shop. Shopify may use additional payment service providers to process payments, for which special payment terms may apply. Where applicable, the Customer will be informed separately of these terms. Further information about Shopify Payments is available at https://www.shopify.com/legal/terms-payments/de.

4.6 If a payment method offered through "PayPal" is selected, payment processing is carried out through PayPal, which may also use the services of third-party payment service providers. If the Seller offers payment methods through PayPal under which the Seller provides advance performance to the Customer (e.g. purchase on account or installment payments), the Seller assigns the corresponding payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically identified to the Customer. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a creditworthiness check using the Customer data transmitted. The Seller reserves the right to refuse the selected payment method if the result of the check is negative. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment installments. In this case, the Customer can discharge their payment obligation only by making payment to PayPal or the payment service provider commissioned by PayPal. However, even if the payment claim is assigned, the Seller remains responsible for general customer inquiries, such as questions concerning goods, delivery times, shipping, returns, complaints, withdrawal declarations and returned goods, or credit notes.

4.7 If a payment method offered through "Klarna" is selected, payment processing is carried out through Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). Further information and Klarna's applicable terms and conditions are available here:

https://atmosclo.com/pages/payment-information

5) Delivery and Shipping Conditions

5.1 Goods are delivered by shipping to the delivery address specified by the Customer unless otherwise agreed. The delivery address provided during the Seller's order processing procedure is decisive for the transaction.

5.2 If the shipping company returns the dispatched goods to the Seller because delivery to the Customer was unsuccessful, the Customer shall bear the costs of the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstances that made delivery impossible or if the Customer was temporarily prevented from accepting the offered delivery, unless the Seller had announced the delivery a reasonable period in advance. Furthermore, this does not apply to the costs of the original shipment if the Customer validly exercises their right of withdrawal. In the event of a valid exercise of the right of withdrawal, the provisions concerning return shipping costs set out in the Seller's withdrawal instructions shall apply.

5.3 Collection in person is not possible for logistical reasons.

6) Retention of Title

If the Seller provides goods before receiving payment, the Seller retains ownership of the delivered goods until the purchase price owed, including all associated costs and expenses, has been paid in full.

7) Liability for Defects (Statutory Warranty)

Unless otherwise provided in the following provisions, the statutory rules governing liability for defects apply. By way of derogation, the following applies to contracts for the supply of goods:

7.1 If the Customer acts as a business customer:

• the Seller has the right to choose the primary statutory warranty remedy;
• for new goods, the limitation period for claims relating to defects is one year from delivery of the goods;
• for used goods, claims relating to defects are excluded;
• the limitation period does not begin again if replacement goods are supplied as part of the Seller's liability for defects.

7.2 The limitations of liability and reductions of limitation periods set out above do not apply:

• to claims by the Customer for damages or reimbursement of expenses;
• if the Seller has fraudulently concealed a defect;
• to goods that have been used for a building in accordance with their usual purpose and have caused the building to be defective;
• to any obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.

7.3 Furthermore, for business customers, the statutory limitation periods for any existing statutory rights of recourse remain unaffected.

7.4 If the contract constitutes a business-related transaction for both parties within the meaning of Section 343(2) of the Austrian Commercial Code (UGB), the Customer is subject to the commercial obligation to inspect goods and notify defects pursuant to Section 377 UGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed accepted.

7.5 If the Customer acts as a consumer, they are requested to report any obvious transport damage to the delivery agent and inform the Seller accordingly. Failure to do so shall have no effect on the Customer's statutory or contractual claims relating to defects.

8) Redemption of Promotional Vouchers

8.1 Vouchers issued free of charge by the Seller as part of promotional campaigns for a specified period of validity and which cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") may only be redeemed in the Seller's online shop and only during the specified promotional period.

8.2 Individual products may be excluded from a promotional voucher campaign if such a restriction is stated in the terms of the Promotional Voucher.

8.3 Promotional Vouchers may only be redeemed before completion of the ordering process. Subsequent application of a voucher is not possible.

8.4 Only one Promotional Voucher may be redeemed per order.

8.5 If a Promotional Voucher represents a specific monetary value rather than a percentage discount, the value of the goods must be at least equal to the value of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

8.6 If the value of the Promotional Voucher is insufficient to cover the order total, the Customer may select one of the other payment methods offered by the Seller to pay the difference.

8.7 The balance of a Promotional Voucher cannot be paid out in cash and does not accrue interest.

8.8 The Promotional Voucher will not be refunded if the Customer returns goods paid for in whole or in part using the Promotional Voucher under their statutory right of withdrawal.

8.9 Promotional Vouchers are transferable. The Seller may fulfill its obligations with discharging effect towards the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller knows, or is grossly negligent in not knowing, that the holder is not entitled to redeem the voucher, lacks legal capacity, or lacks the necessary authority to act on behalf of another person.

9) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Republic of Austria, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

10) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.