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General Terms and Conditions
of the BEHIND BARS Shop

1. SCOPE

1.1 These General Terms and Conditions (hereinafter referred to as “AGB”) apply to all contracts concluded via our online shop between BEHIND BARS GmbH, represented by Managing Director Marc Wilhelm Weininger, Pariser Platz 6a, 10117 Berlin (hereinafter “BEHIND BARS”) and the customer. The AGB applies regardless of whether the customer is a consumer, entrepreneur, or merchant. 1.2 All agreements made between BEHIND BARS and the customer in connection with the purchase contract are based on these terms and conditions, the written order confirmation, and the acceptance declaration. 1.3 The version of the AGB valid at the time of contract conclusion is binding. BEHIND BARS does not accept any deviating terms and conditions, even if we do not expressly object to their inclusion.

2. CONTRACT CONCLUSION, INFORMATION ON CONTRACT TEXT STORAGE

2.1 The presentation and promotion of items in BEHIND BARS’ online shop do not constitute a binding offer to conclude a purchase contract. 2.2 A prerequisite for the conclusion of purchase contracts is that the customer has reached the age of 18. 2.3 By submitting an order through the online shop by clicking the “order with obligation to pay” button, the customer places a legally binding order. The customer is bound by the order for a period of two (2) weeks after placing the order; the right to revoke the order, if applicable under section 3, remains unaffected. 2.4 BEHIND BARS will promptly confirm the receipt of the order submitted via the online shop to the customer by email. This email will specify the order time and the details of the order. Such an email does not constitute a binding acceptance of the order unless it also contains an acceptance declaration alongside the confirmation of receipt. 2.5 BEHIND BARS accepts this offer when they confirm in a second email (“dispatch confirmation”) that the goods have been dispatched to the customer. BEHIND BARS may also accept the order by sending an order confirmation by email or by delivering the goods within 14 days of the order. If the customer’s order is sent in more than one package, the customer may receive a separate dispatch confirmation for each package. In this case, a separate purchase contract between BEHIND BARS and the customer is formed for each product listed in the respective dispatch confirmation. 2.6 If it is not possible to deliver the goods ordered by the customer, for example, because the corresponding goods are not in stock, BEHIND BARS will refrain from making an acceptance declaration. In this case, no contract is concluded. BEHIND BARS will promptly inform the customer of this and refund any payments received without delay. 2.7 BEHIND BARS stores the order and the entered order data. With the dispatch confirmation, the order text (consisting of the order, AGB, and order confirmation) is sent to the customer on a durable medium (email or paper printout) (contract confirmation). Additionally, the customer can view their order data and BEHIND BARS’ general terms and conditions before sending the order to BEHIND BARS during the ordering process. 2.8 The customer can also print BEHIND BARS’ general terms and conditions. When the customer logs into their customer account using their personal access data, they have access to all orders placed with BEHIND BARS at any time.

3. RIGHT OF WITHDRAWAL

3.1 If the customer is a consumer (i.e., a natural person who places the order for a purpose that cannot be attributed to their commercial or self-employed professional activity), they have a right of withdrawal in accordance with the statutory provisions. 3.2 If the customer, as a consumer, exercises their right of withdrawal under section 3.1, they must bear the regular costs of returning the goods. 3.3 Otherwise, the provisions set forth in the following apply to the right of withdrawal:

Withdrawal Instructions

Right of Withdrawal The customer has 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 the customer or a third party designated by them, who is not the carrier, takes possession of the goods. To exercise the right of withdrawal, the customer must inform BEHIND BARS, Pariser Platz 6a, 10117 Berlin, TEL.: 0049 30/3001493 FAX:0049 30/3001493030 MAIL: info@bhndbars. by means of a clear statement (e.g., a letter sent by post, fax, or email) of their decision to withdraw from this contract. They may use the attached model withdrawal form, but it is not mandatory. They can also electronically fill out and submit the model withdrawal form or another clear statement on BEHIND BARS’ website (www.bhndbars.com). If the customer makes use of this option, BEHIND BARS will immediately (e.g., by email) send them a confirmation of receipt of such a withdrawal. To meet the withdrawal deadline, it is sufficient for the customer to send the notification of exercising the right of withdrawal before the withdrawal period has expired. Consequences of Withdrawal If the customer withdraws from this contract, BEHIND BARS shall reimburse all payments received from the customer, including the costs of delivery (with the exception of additional costs resulting from the customer’s choice of a type of delivery other than the least expensive standard delivery offered by BEHIND BARS), without undue delay and in any event not later than fourteen days from the day on which BEHIND BARS is informed about the customer’s decision to withdraw from this contract. BEHIND BARS will carry out such reimbursement using the same means of payment as the customer used for the initial transaction unless the customer has expressly agreed otherwise; in any event, the customer will not incur any fees as a result of such reimbursement. BEHIND BARS may withhold reimbursement until it has received the goods back or the customer has supplied evidence of having sent back the goods, whichever is the earliest. The customer shall send back the goods or hand them over to BEHIND BARS or to (Weininger Metall System GmbH, Badstrasse 2,97775 Burgsinn) without undue delay and in any event not later than fourteen days from the day on which the customer communicates their withdrawal from this contract to BEHIND BARS. The deadline is met if the customer sends back the goods before the period of fourteen days has expired. The customer shall bear the direct costs of returning the goods. The customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. – End of Withdrawal Instructions – 3.4 The right of withdrawal does not apply to distance contracts for the delivery of goods that are made to the customer’s specifications or are clearly tailored to the customer’s personal needs or that are not suitable for return due to their nature.

4. PRICE INFORMATION, PAYMENTS, OFFSETTING

4.1 All prices stated are final prices including the respective applicable value-added tax and plus delivery/shipping costs. The shipping costs are indicated in the price information in BEHIND BARS’ online shop. The price, including VAT and any applicable shipping costs, is also displayed in the order form before the customer submits the order. 4.2 The purchase price and the shipping costs must be paid within two (2) weeks of receiving the invoice. BEHIND BARS accepts payments in the form of prepayment. 4.3 If the customer is a merchant, a legal entity under public law, or a special fund under public law, their rights of set-off and retention are excluded unless the claim against BEHIND BARS is undisputed or has been legally established. 4.4 The customer may only exercise a right of retention if their counterclaim arises from the same purchase contract. 4.5 In the event of default, BEHIND BARS charges administration costs of €5.00 per reminder.

5. RETENTION OF TITLE

The delivered goods remain the property of BEHIND BARS until full payment has been made.

6. DELIVERY / SHIPPING

6.1 Unless otherwise agreed, delivery is made exclusively to the delivery address provided by the customer within Germany and Europe. 6.2 BEHIND BARS is entitled to make partial deliveries if this is reasonable for the customer. In the case of partial deliveries, the contract is only concluded for the items delivered, and missing items will be delivered separately. If BEHIND BARS fulfills the order through partial deliveries, the customer is only charged for the first partial delivery. If the partial deliveries are requested by the customer, BEHIND BARS charges shipping costs for each partial delivery. 6.3 If BEHIND BARS is unable to deliver the ordered goods without its own fault because a supplier of BEHIND BARS has not fulfilled its contractual obligations, BEHIND BARS is entitled to withdraw from the contract. In this case, the customer will be promptly informed that the ordered product is not available. The customer’s statutory claims remain unaffected. 6.4 If delivery to the customer is not possible because the customer is not found at the delivery address provided by them, even though the delivery time has been announced to the customer with reasonable notice, the customer shall bear the costs of the unsuccessful delivery. This does not apply in the case of withdrawal or if the withdrawal is declared due to non-acceptance.

7. WARRANTY FOR DEFECTS

7.1 BEHIND BARS is liable for material or legal defects in delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The statutory limitation period for claims arising from material defects is two years and begins with the delivery of the goods. For contracts with entrepreneurs, the warranty period for items delivered by BEHIND BARS is 12 months. 7.2 Any warranties provided by BEHIND BARS for specific items or manufacturer warranties granted for specific items take precedence over claims for material or legal defects as defined in section 7.1. The scope of warranty protection is limited to Germany unless otherwise specified in the warranty terms and conditions. 7.3 If there is a defect in the purchased item, the customer can initially request subsequent performance from BEHIND BARS. If subsequent performance fails, the customer may withdraw from the contract, reduce the purchase price, or claim damages if the defect is not insignificant.

8. OTHER LIABILITY

8.1 BEHIND BARS is liable to the customer in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses. 8.2 In all other cases, except as otherwise provided in section 8.3, BEHIND BARS’ liability is limited to compensation for foreseeable and typical damages for a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on which the customer can regularly rely (so-called cardinal obligation). In all other cases, our liability is subject to the provisions in section 8.3. 8.3 Our liability for damages resulting from injury to life, limb, or health and under the Product Liability Act remains unaffected by the above limitations of liability and exclusions of liability. 8.4 To the extent that BEHIND BARS’ liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.

9. INFORMATION ON HEALTH, INJURY, AND DEATH RISKS, 2ND GPSGV

9.1 Improper use and application of goods supplied by BEHIND BARS can result in serious injuries, significant health damage, and fatal injuries. 9.2 Proper application is solely the responsibility of the customer. Proper application includes using BEHIND BARS’ offered products with multiple people only in a trust relationship and absolutely agreeing to a so-called safeword. BEHIND BARS expressly advises against simultaneous gagging of the mouth and blindfolding, as hand signals can be easily overlooked, and eye contact is generally recommended. 9.3 In any case, it is necessary to avoid leaving a person restrained with a product from BEHIND BARS for even short periods of time, as it must be ensured at all times that the restrained person can be freed immediately in the event of unconsciousness, which cannot be guaranteed without supervision. 9.4 When using BEHIND BARS products by multiple individuals, the customer must ensure proper hygiene. This includes, of course, the proper disinfection of components that are inserted into body openings (especially dildos) and come into contact with bodily fluids. 9.5 The products offered by BEHIND BARS, with the exception of specially marked items (CE marking), are not toys and do not comply with the Second Regulation of the Equipment and Product Safety Act (2nd GPSGV). The products are not suitable for children under 14 years of age and are explicitly not sold to minors. The products sold by BEHIND BARS (except for toys marked with a CE marking) must not be made accessible to minors.

10. COPYRIGHT

BEHIND BARS holds copyrights to all images, films, and texts published in the online shop, unless expressly indicated otherwise. The use of images, films, and texts is not permitted without the express consent of BEHIND BARS.

11. ONLINE DISPUTE RESOLUTION

11.1 BEHIND BARS is legally obligated to inform the customer about the European Online Dispute Resolution Platform (OS Platform), which the customer can access at http://ec.europa.eu/odr. 11.2 BEHIND BARS is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

12. FINAL PROVISIONS

12.1 The contract language is exclusively German. 12.2 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). 12.3 If the customer is a merchant, a legal entity under public law, or a special fund under public law, Berlin is agreed as the place of jurisdiction; however, BEHIND BARS is also entitled to file suit at the customer’s domicile in these cases.