General Terms and Conditions and Customer Information I. General Terms and Conditions § 1 Basic Provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Tom Niklaus) via the https://motivateimage.com website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby rejected.
(2) A consumer within the meaning of the following provisions 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. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract (1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping basket system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time.
After clicking on the "Checkout" or "Continue to order" button (or similar) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order details will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the option of checking the details in the order overview again, changing them (also via the "back" function of the Internet browser) or cancelling the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Special agreements on payment methods offered

(1) Payment via "PayPal" / "PayPal Checkout"

If you select a payment method that is offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. PayPal" may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via "Mollie"

If you select a payment method offered via "Mollie", payment will be processed via the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie").
The individual payment methods via "Mollie" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. Mollie" may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. You can find more information about "Mollie" at

at https://www.mollie.com/de.

(3) Payment via "Stripe"

If you select a payment method that is offered via "Stripe", the payment will be processed via the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. Stripe" may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. You can find more information about "Stripe" at https://stripe.com/de.

§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship. (2) The goods shall remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects and defects in quality.

page1image36427392 page1image36429504 page1image36428544
transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.

(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

§ 6 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as it does not conflict with the mandatory provisions of the law

of the state of the consumer's habitual residence is not withdrawn (favourability principle). (2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II Customer information

1. identity of the seller

Tom Niklaus
Elmelohersrtaße 25
27777 Ganderkesee
Ganderkesee, Germany
Phone: +491724022646
E-Mail: t.niklausbusiness@gmail.com

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.

We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3 Contract language, contract text storage

3.1 The contract language is German.

3.2 We do not store the complete text of the contract. Before sending the order via the online shopping basket system, the contract data can be printed out using the browser's print function or saved electronically. After receipt of the

The order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail after we have received your order.

4. essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5 Prices and terms of payment

5.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2 There are no shipping costs.

5.3 The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.

5.4 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6 Terms of delivery

6.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

7. statutory liability for defects

page2image36424704page2image36432384 page2image36422208
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These general terms and conditions and customer information were drawn up by the lawyers of the Händlerbund who specialise in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb- service.

last update: 29.11.2022