General Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Warranty (Liability for Defects)
8. Liability
9. Special Conditions for Processing Goods According to Specific Customer Instructions
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Jurisdiction
14. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Ruff Golf UG (limited liability) (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. Any inclusion of the Customer's own terms and conditions is rejected, unless otherwise agreed.

1.2 These GTC apply correspondingly to contracts for the delivery of vouchers, unless otherwise regulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial nor their independent professional activities.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who acts in the context of their commercial or independent professional activities when concluding a legal transaction.

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 as a basis for the Customer to submit a binding offer.

2.2 The Customer can submit an offer via the online order form integrated into the Seller's online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that finalizes the ordering process. Furthermore, the Customer can also submit the offer via email or through the online contact form to the Seller.

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

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

If multiple alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins to run on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, resulting in the Customer no longer being bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, the 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 "PayPal"), subject to PayPal's Terms of Use, accessible at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, subject to the conditions for payments without a PayPal account, accessible at https://www.paypal.com/en/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal during the online ordering process, the Seller declares acceptance of the Customer's offer at the moment the Customer clicks the button that finalizes the ordering process.

2.5 If the Customer selects the payment method "Amazon Payments," the payment processing is carried out through the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter "Amazon"), subject to Amazon Payments Europe's User Agreement, accessible at https://ruff.golf/pages/versand-retouren. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, they simultaneously grant a payment order to Amazon by clicking the button that finalizes the ordering process. In this case, the Seller declares acceptance of the Customer's offer at the moment the Customer initiates the payment process by clicking the button that finalizes the ordering process.

2.6 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be retrieved by the Customer free of charge via their password-protected user account by providing the appropriate login details.

2.7 Before bindingly submitting the order via the Seller's online order form, the Customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that finalizes the ordering process.

2.8 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and contact are generally carried out via email and 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, if spam filters are used, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal is provided in the Seller's withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of contract conclusion, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of contract conclusion are outside the European Union.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices listed are total prices that include the statutory VAT. Any additional delivery and shipping costs, if applicable, are separately indicated in the respective product description.

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

4.3 The available payment method(s) are communicated to the Customer in the Seller's online shop.

4.4 If the Customer selects a payment method offered by the payment service "PayPal," the payment processing is carried out through PayPal, which may also use third-party payment service providers. If the Seller offers payment methods through PayPal where the Seller advances payment to the Customer (e.g., invoice purchase or installment payment), the Seller assigns their payment claim to PayPal or to the specific payment service provider designated by PayPal. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the Customer's transmitted data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payments to PayPal or the payment service provider commissioned by PayPal with discharge of their debt. However, the Seller remains responsible for general customer inquiries such as goods, delivery time, dispatch, returns, complaints, withdrawal declarations and submissions, or credits, even in the event of the payment claim assignment.

4.5 If the Customer selects a payment method offered by the payment service "Shopify Payments," the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered through Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Stripe may use additional payment services, which may have specific payment conditions that the Customer will be individually informed about if applicable. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

4.6 If the Customer selects the credit card payment method via Stripe, the invoice amount is due immediately upon contract conclusion. The payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). Stripe reserves the right to conduct a credit check and to reject this payment method in the event of a negative credit check.

4.7 If the Customer selects a payment method offered by the payment service "Klarna," the payment processing is carried out through Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and the conditions for Klarna can be accessed here:

https://ruff.golf/pages/versand-retouren

5) Delivery and Shipping Conditions

5.1 If the Seller offers delivery of the goods, the delivery takes place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For transaction processing, the delivery address specified in the Seller's order processing is decisive. Deviating from this, if the Customer selects the payment method PayPal, the delivery address stored by the Customer at PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails due to reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the delivery costs if the Customer effectively exercises their right of withdrawal. For return shipping costs, the regulation set forth in the Seller's withdrawal policy applies if the Customer effectively exercises their right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer once the Seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated for dispatch. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon delivery of the goods to the Customer or an authorized person. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as a consumer once the Seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated for dispatch, if the Customer has commissioned the carrier, freight forwarder, or other person or entity designated for dispatch to execute the dispatch and the Seller has not previously named this person or entity to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply, provided that the failure to deliver is not attributable to the Seller and that the Seller has entered into a specific coverage agreement with the supplier with the required care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or partial availability of the goods, the Customer will be informed immediately, and the payment will be refunded promptly.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

• via download
• via email
• by post

6) Retention of Title

If the Seller makes advance payments, the Seller reserves ownership of the delivered goods until the full payment of the owed purchase price.

7) Warranty (Liability for Defects)

Unless otherwise specified in the following regulations, the provisions of the statutory warranty apply. Deviating from this, for contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• The Seller has the choice of type of subsequent performance;
• For new goods, the statute of limitations for defects is one year from delivery of the goods;
• For used goods, rights and claims for defects are excluded;
• If a subsequent delivery occurs within the warranty period, the statute of limitations does not restart.

7.2 The aforementioned limitations and reductions of liability do not apply

• for claims for damages and expenses of the Customer,
• in cases where the Seller has intentionally concealed the defect,
• for goods that have been used in accordance with their usual purpose for a building and have caused defects there,
• for any existing obligation of the Seller to provide updates for digital products or contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing legal recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial investigation and rejection duty according to § 377 HGB. If the Customer fails to comply with the reporting obligations regulated there, the goods are considered approved.

7.5 If the Customer acts as a consumer, they are requested to report delivered goods with obvious transport damages to the delivery person and inform the Seller about this. If the Customer fails to do so, this has no impact on their legal or contractual warranty claims.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory, including tortious, claims for damages and expenses as follows:

8.1 The Seller is liable without restriction on any legal basis

• in cases of intent or gross negligence,
• in cases of intentional or negligent violation of life, body, or health,
• based on a warranty promise, unless otherwise regulated,
• based on mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches a fundamental contractual obligation, liability is limited to the typical, foreseeable damage unless unlimited liability applies according to the preceding clause. Fundamental contractual obligations are duties that the contract imposes on the Seller to achieve the contract's purpose, whose fulfillment makes the proper execution of the contract possible, and on whose compliance the Customer may regularly rely.

8.3 Otherwise, the Seller's liability is excluded.

8.4 The aforementioned liability regulations also apply with regard to the Seller's liability for their vicarious agents and legal representatives.

9) Special Conditions for Processing Goods According to Specific Customer Instructions

9.1 If the Seller is obliged under the contract to process the goods according to specific instructions from the Customer, the Customer must provide the Seller with all necessary content such as texts, images, or graphics in the file formats, formats, image and file sizes specified by the Seller and grant the necessary usage rights for processing. The Customer is solely responsible for procuring and acquiring the rights to these contents. The Customer declares and assumes responsibility that they have the right to use the content provided to the Seller. They must ensure, in particular, that no third-party rights are violated by this, especially copyright, trademark, and personality rights.

9.2 The Customer indemnifies the Seller against claims by third parties that these may assert against the Seller in connection with a violation of their rights by the contractual use of the Customer's content. The Customer also assumes the necessary costs of legal defense, including all court and attorney fees at statutory rates. This does not apply if the Customer is not responsible for the rights violation. The Customer is obliged to provide the Seller with all information necessary for the verification of claims and a defense in the event of a third-party claim immediately, truthfully, and completely.

9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer violates legal or official prohibitions or good morals. This particularly applies to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, and/or violence-glorifying content.

10) Redemption of Promotional Vouchers

10.1 Vouchers issued by the Seller free of charge as part of promotional activities with a specific validity period and that cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

10.2 Individual products may be excluded from the voucher promotion if such a restriction is indicated in the content of the promotional voucher.

10.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit is not refunded by the Seller.

10.6 If the value of the promotional voucher does not cover the order, one of the other payment methods offered by the Seller can be chosen to cover the difference.

10.7 The credit of a promotional voucher is neither paid out in cash nor earns interest.

10.8 The promotional voucher is not refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within their legal right of withdrawal.

10.9 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obligated, to verify the material entitlement of the respective voucher holder.

11) Redemption of Gift Vouchers

11.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise indicated on the voucher.

11.2 Gift vouchers and remaining credit of gift vouchers are redeemable until the end of the third year after the year of purchase of the voucher. Remaining credit is credited to the Customer until the expiration date.

11.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

11.6 If the value of the gift voucher does not cover the order, one of the other payment methods offered by the Seller can be chosen to cover the difference.

11.7 The credit of a gift voucher is neither paid out in cash nor earns interest.

11.8 The gift voucher is transferable. The Seller may, but is not obligated to, perform payment to the respective holder who redeems the gift voucher in the online shop of the Seller. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of entitlement, incapacity to act, or lack of authority of the respective holder.

12) Applicable Law

12.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state where the consumer has their usual residence.

12.2 Furthermore, this choice of law does not apply regarding the statutory right of withdrawal for consumers who, at the time of contract conclusion, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of contract conclusion are outside the European Union.

13) Jurisdiction

If the Customer acts as a merchant, legal entity under public law, or public-law special fund with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the business location of the Seller. If the Customer is located outside the territory of the Federal Republic of Germany, the business location of the Seller is the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims from the contract can be attributed to the Customer's professional or commercial activity. However, in the aforementioned cases, the Seller is always entitled to call the court at the Customer's place of business.

14) Alternative Dispute Resolution

14.1 The EU Commission provides an online platform for alternative dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

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

Last updated: January 22, 2025