As of: 12.05.2021

GENERAL TERMS AND CONDITIONS (GTC)

OF

SANDICCA GmbH

FOR THE DISTRIBUTION OF GOODS IN ONLINE SHOPS

 

Online Dispute Resolution

The EU Commission has provided an online platform for online dispute resolution at the following link: http://ec.euopa.eu/consumers/odr/

§ 1 Scope

1 |  The following terms and conditions, hereinafter referred to as “GTC”, form part of every contract between SANDICCA GmbH, with its registered office and business address at Sommersgut 55, 8254 Wenigzell, Austria, represented by Ms. Ing. Tanja Kroisleitner, hereinafter referred to as “SANDICCA”, and the customer concerning the delivery and purchase of goods offered by SANDICCA in the online shop.

2 | SANDICCA provides services exclusively on the basis of these GTC.

3 | SANDICCA may amend the GTC at any time; the version applicable at the time the customer places the order shall apply. The customer may save or print these terms.

4 | Deviating terms and conditions shall not be valid unless SANDICCA has agreed to them in writing before accepting the order.

5 | By placing an order, the customer declares acceptance of the GTC.

6 | The customer expressly declares that this website will be used only for its intended purpose. Misuse of the website, such as unauthorized manipulation, providing incorrect data, unauthorized provision of data relating to third parties, etc., shall give rise to claims for compensation by SANDICCA against the customer for any damage resulting from such misuse.

§ 2 Contracting Party and Media Owner

1 | The provider and contracting party of the customer is

SANDICCA GmbH

with its registered office at

Sommersgut 55

8254 Wenigzell

Austria

Company register number: FN 554335 z

Place of jurisdiction: Fürstenfeld

Telephone: +43 (0)660 5270488

E-mail: office@sandicca.com

§ 3 Conclusion of Contract

1 | The presentation of SANDICCA products, particularly on the internet, does not yet constitute a binding offer by SANDICCA.

2 | SANDICCA accepts orders by telephone, e-mail and via the online shop. The customer may select freely from the range offered. In the online shop, goods are placed in the shopping cart using the designated purchasing process. An order is possible only if all mandatory fields marked with * in the order form have been completed. If information is missing or SANDICCA is unable to process the order for other reasons, the customer will receive an error message by e-mail. Before finally submitting the order, the customer has the opportunity to correct it. Supporting detailed information is provided directly during the ordering process.

3 | Once the ordering process has been completed, the customer will be notified by an information window stating “Your order has now been completed and successfully sent”. From this point onward, cancellations are no longer possible.

4 | If the customer places an order at www.sandicca.com, hereinafter referred to as the “SANDICCA Online Shop”, SANDICCA will send an e-mail to the address provided by the customer confirming receipt of the order and listing its details (order confirmation). This order confirmation does not yet constitute acceptance of the offer by SANDICCA; it merely informs the customer that the order has been received.

5 | A purchase contract with SANDICCA shall only be concluded when SANDICCA dispatches the ordered product to the customer and confirms this dispatch in a further e-mail (shipping confirmation).

6 | If, for reasons for which SANDICCA is not responsible, it is not possible to dispatch goods ordered by the customer, those goods will not be listed in the shipping confirmation. No purchase contract shall be concluded for goods not included in the shipping confirmation. The order shall in any event be fulfilled within 30 days of the order confirmation. If SANDICCA is unable to do so, the customer will be informed immediately by e-mail.

 § 4 Contract Language

1 | The contract language is German.

 § 5 Cancellation Policy

Right of Withdrawal

 1 |  Customers who are consumers within the meaning of the Austrian Consumer Protection Act or similar laws in their respective country of residence may withdraw from their contractual declaration within a period of 14 calendar days without giving reasons.

 2 |  The withdrawal period begins as soon as the customer has taken possession of the goods. The day of receipt is not included in the calculation of the period. Saturdays, Sundays and public holidays are included in the calculation. To comply with the withdrawal period, it is sufficient to send the withdrawal declaration or return the goods on time. The withdrawal must be made in writing.

 3 |  To exercise the right of withdrawal, the customer must inform the following address by means of an unequivocal declaration:

SANDICCA GmbH

Ms. Ing. Tanja Kroisleitner

Sommersgut 55

8254 Wenigzell

Austria

Company register number: FN 554335 z

Place of jurisdiction: Fürstenfeld

E-mail: office@sandicca.com

 of the customer’s decision to withdraw from this contract. To comply with the deadline, it is sufficient for the customer to send the notification concerning the exercise of the right of withdrawal before the withdrawal period expires.

 4 |  In the event of an effective withdrawal, the services received by both parties must be returned. The customer must return the goods unused and in a condition suitable for resale as new. Goods demonstrably damaged by the customer or partly or wholly consumed will not be accepted by SANDICCA, and the customer will not be reimbursed the amount paid for them.

 5 |  In the event of withdrawal, the customer may return the goods to SANDICCA free of charge. Before doing so, a complaint must be submitted in writing in accordance with § 12 Warranty of the General Terms and Conditions.

 6 |  If the customer decides to return the goods, SANDICCA will send a return sticker electronically in PDF format. The customer must print this out and attach it clearly visibly to the outside of the package containing the return.

 7 |  There is no right of withdrawal for goods which, by their nature, are unsuitable for return, can spoil quickly or whose expiry date has passed.

 Consequences of Withdrawal

8 |  If the customer withdraws from this contract, SANDICCA shall reimburse the customer for all payments received from the customer in connection with the withdrawn service, including delivery costs (with the exception of additional costs resulting from the customer choosing a type of delivery other than the least expensive standard delivery offered by SANDICCA), without undue delay and no later than fourteen days from the day on which SANDICCA receives notification of the withdrawal from this contract. For this reimbursement, SANDICCA shall use the same means of payment used by the customer for the original transaction, unless expressly agreed otherwise with the customer; in no event will the customer be charged any fees for this reimbursement.

 9 |  SANDICCA may withhold reimbursement until it has received the goods back or until the customer has provided proof that the goods have been returned, whichever is earlier. The customer must return or hand over the goods to SANDICCA without undue delay and in any event no later than fourteen days from the day on which the customer sent the withdrawal declaration. The deadline is met if the customer demonstrably dispatches the goods before the fourteen-day period expires.

10 |  Model Withdrawal Form

– To (enter name, address, fax, e-mail)

– I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)

– Ordered on (*) / received on (*)

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only if notified on paper)

– Date

 (*) Delete as appropriate

 § 6 Deliveries

1 |  The goods shall be delivered exclusively from the central warehouse to the delivery address provided by the customer. If the customer is a consumer, the place of performance is the delivery address provided by the customer. In the SANDICCA Online Shop, the customer will find information about the availability of the goods ordered. SANDICCA points out that all information regarding the availability, dispatch and delivery of products is only estimated information and serves merely as a guideline.

2 | If SANDICCA becomes aware during the processing of an order that the products ordered by the customer are unavailable, the customer will be informed of this circumstance in writing by e-mail.

3 | The ordered goods shall be delivered by an external parcel service provider. Delivery may take place on any working day (Monday to Friday, provided it is not a public holiday) during normal business hours.

4 | If the customer is a consumer, SANDICCA bears the shipping risk. If the customer has concluded the transport contract independently without using a selection option for carriers proposed by SANDICCA, the risk shall pass to the customer upon handover of the goods.

 5 | If, on the other hand, the customer is an entrepreneur, the risk shall pass to the customer as soon as SANDICCA has handed the goods over to the carrier or another person designated to carry out the shipment.

6 | For a gross goods value of €70.00 or more, SANDICCA shall bear the costs of standard delivery within Austria; the same applies to deliveries to Germany from a gross goods value of €70.00.

 § 7 Prices

1 | The prices of the goods offered in the SANDICCA Online Shop are gross prices in euros and, for deliveries within Austria, include all statutory taxes and duties. Any packaging and shipping costs are not included.

2 | The prices offered are based on the costs at the time the price was first stated. If the costs change before the customer places an order, SANDICCA shall be entitled to adjust the prices accordingly. The binding prices are displayed in the SANDICCA Online Shop after the goods have been selected in the shopping cart and are stated in the written order confirmation issued by SANDICCA.

3 | The customer shall bear all costs arising from shipping. Delivery costs are displayed when ordering in the SANDICCA Online Shop after the goods have been selected in the shopping cart and are stated in the written order confirmation sent by SANDICCA.

4 | When goods are shipped to countries outside the European Union, additional customs duties may arise. These are not included in the price and shall be borne by the customer.  Such deliveries can only be made by SANDICCA if no legal or disproportionate logistical obstacles prevent delivery.

5 | For all other states in the Schengen Area, the actual delivery costs incurred shall be invoiced, and their amount shall be shown after the goods have been selected in the shopping cart and in the order confirmation. Deliveries outside the Schengen Area shall be handled by a forwarding agent. Automatic calculation of shipping costs is not possible in this case. The customer may nevertheless place an order by following the usual ordering process. After the order has been submitted, SANDICCA will contact the customer and inform them of the delivery costs. The customer may place the order subject to these delivery conditions.

§ 8 Payment Terms

1 | The purchase price shall be due upon conclusion of the contract, and at the latest upon delivery of the goods. The same applies to partial deliveries, in which case the purchase price for the respective partial quantities delivered shall be paid.

2 | Orders from first-time customers exceeding a gross goods value of EUR 150 may be paid exclusively by advance payment or cash on delivery.

3 | By selecting PayPal as the payment method, the customer agrees to the transmission of payment-relevant data to PayPal and to credit checks carried out during the payment process. Detailed information can be found in the PayPal terms of use on the PayPal website.

5 | In the event of a customer’s default in payment, even if the default is not the customer’s fault, the customer shall pay the resulting reminder costs and interest currently amounting to 9.0% p.a. plus VAT. All costs incurred by any debt collection agency commissioned to collect the claim and invoiced to SANDICCA shall likewise be borne by the customer culpably in default of payment, provided that these costs are reasonable and necessary for appropriate legal enforcement.

6 | Payments shall first be applied to interest and costs. By agreeing to the GTC, the customer consents that, in the event of default in payment, SANDICCA may transmit the customer’s name (including former names), gender, address, occupation, outstanding balance and reminder data pursuant to § 8 para. 3 DSG 2000 to the Warenkreditevidenz and to authorized debt collection companies.

§ 9 Set-Off

1 | The customer may set off claims only if the customer’s counterclaims have been established by a court or acknowledged by SANDICCA.

§ 10 Retention of Title

1 | The goods shall remain the property of SANDICCA until all goods from the same order have been paid for in full.

§ 11 Data Processing

1 | The customer hereby agrees that the data provided in the order (form of address, title, first name, surname, date of birth, street, postcode, city, telephone number, fax number, e-mail address, bank details) may be processed by SANDICCA for storage purposes. The data will also be stored and processed by SANDICCA for order fulfillment, invoicing, assertion of contractual claims, customer service purposes and the dispatch of advertising e-mails.

 2 | The customer also agrees to receive messages from SANDICCA about its products, current offers and other company-related information by advertising e-mail, in particular newsletters.

3 | Data is collected and stored on this website using technologies for marketing and optimization purposes. Usage profiles are created from this data under a pseudonym.  Cookies may be used for this purpose. Cookies are small text files stored locally in the cache of the website visitor’s internet browser. Cookies enable the internet browser to be recognized. The data collected in this way is not used to personally identify visitors to this website and is not merged with personal data concerning the holder of the pseudonym. Data is collected exclusively for SANDICCA’s own purposes and is not passed on to third parties. The customer has the right to withdraw consent to data processing and consent to receiving advertising e-mails at any time by using the SANDICCA contact form.

4 |  If the personal data stored concerning the customer is incorrect, it shall be corrected immediately following the customer’s corresponding written notification.

 5 | SANDICCA’s privacy policy, as amended from time to time, forms an integral part of the GTC.

§ 12 Warranty

1 |  If the goods are defective, SANDICCA shall, at the customer’s choice, be obliged to remedy the defect or deliver new, defect-free goods. The statutory warranty provisions shall apply unless otherwise agreed in these GTC. This agreement must be made in writing.

2 | The warranty period is 24 months and begins upon handover of the goods, provided the customer is a consumer. However, after 6 months the customer must prove that the defect already existed at the time of handover.

3 | SANDICCA shall be entitled to refuse the type of subsequent performance chosen if it can only be carried out at disproportionate cost and if the other type of subsequent performance would not cause significant disadvantages for the customer. If subsequent performance has failed, the customer may, at their discretion, withdraw from the contract or demand a reduction of the purchase price.

4 | Promises and/or statements concerning the usability or special properties of the products are non-binding and do not constitute an express assurance of specific properties unless made in writing.

5 | Taste variations caused by harvesting, customary or minor technically caused variations in the quality, color and size of the raw materials used, as well as vintage-related changes in taste, color and packaging, do not constitute warranty defects or non-performance of the contract.

6 | SANDICCA produces pure natural products without artificial flavorings or preservatives. Accordingly, SANDICCA shall not be liable for consistency in taste, color, raw materials or appearance, or for other characteristics of conformity, in reordered products. The same applies to products ordered according to samples, provided that the variation remains within customary commercial and technical limits.

§ 13 Limitation of Liability

1 |  Except in cases involving injury to the life, body or health of a person, SANDICCA shall be liable only for damage attributable to intentional or grossly negligent conduct. This also applies to indirect consequential damage, in particular loss of profit. Claims for damages in cases of slight negligence are excluded.

2 | The limitation of liability in § 14 para. 1  shall apply mutatis mutandis in favor of SANDICCA’s employees and vicarious agents.

3 | Claims under the Product Liability Act remain unaffected.

§ 14 Choice of Law and Place of Jurisdiction

1 |  The contractual relationship and all claims arising from it shall be governed by the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods.

2 | For any disputes arising from this contract, the court with jurisdiction over commercial matters in Graz shall be agreed as the place of jurisdiction, provided the customer is an entrepreneur.

§ 15 Severability Clause and Final Provisions

1 | If individual provisions of these GTC are or become invalid or unenforceable after conclusion of the contract, the validity of the remaining GTC shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The foregoing provisions shall apply accordingly if the GTC contain omissions.

2 | The place of performance is SANDICCA’s registered office, provided the customer is an entrepreneur.

3 | “In writing” means by e-mail, fax or post.

As of: 12.05.2021

GENERAL TERMS AND CONDITIONS (GTC)

OF

SANDICCA GmbH

FOR RESELLERS

§ 1 Scope

1 |  The following terms and conditions, hereinafter referred to as “GTC”, form part of every contract between SANDICCA e.U., with its registered office and business address at Sommersgut 55, 8254 Wenigzell, Austria, represented by Ms. Ing. Tanja Kroisleitner, hereinafter referred to as “SANDICCA”, and the reseller, hereinafter referred to as the customer, concerning the delivery and purchase of goods offered by SANDICCA to resellers. 2 | SANDICCA provides services exclusively on the basis of these GTC. 3 | SANDICCA may amend the GTC at any time; the version applicable at the time the customer places the order shall apply. The customer may save or print these terms. 4 | Deviating terms and conditions shall not be valid unless Sandicca has agreed to them in writing before accepting the order. 5 | By placing an order, the customer declares acceptance of the GTC.

§ 2 Contracting Party

1 | The provider and contracting party of the customer is SANDICCA GmbH with its registered office at Sommersgut 55 8254 Wenigzell Austria Company register number: FN 554335 z Place of jurisdiction: Fürstenfeld Telephone: +43 (0)660 5270488 E-mail: office@sandicca.com

§ 3 Conclusion of Contract

1 | The presentation of SANDICCA products, particularly in reseller materials, does not yet constitute a binding offer by SANDICCA. 2 | SANDICCA accepts orders by telephone, e-mail and via the online shop. The customer may select freely from the range offered. In the online shop, goods are placed in the shopping cart using the designated purchasing process. Prices offered via the online shop are end-customer prices. The GTC currently valid at www.sandicca.com for distribution via the online shop shall apply exclusively to these prices. 3 | A purchase contract with SANDICCA shall only be concluded when SANDICCA dispatches the ordered product to the customer and this dispatch is confirmed by a shipping confirmation. 4 | If, for reasons for which SANIDCCA is not responsible, it is not possible to dispatch goods ordered by the customer, those goods will not be listed in the shipping confirmation. No purchase contract shall be concluded for goods not included in the shipping confirmation. The order shall in any event be fulfilled within 30 days of the order confirmation. If Sandicca is unable to do so, the customer will be informed immediately.

§ 4 Contract Language

1 | The contract language is German.

 § 5 Deliveries

1 |  The goods shall be delivered exclusively from the central warehouse to the delivery address provided by the customer. SANDICCA points out that all information regarding the availability, dispatch and delivery of products is only estimated information and serves merely as a guideline. 2 | If SANDICCA becomes aware during the processing of an order that the products ordered by the customer are unavailable, the customer will be informed of this circumstance in writing by e-mail. 3 | The ordered goods shall be delivered by an external parcel service provider. Delivery may take place on any working day (Monday to Friday, provided it is not a public holiday) during normal business hours. 4 | If the customer is an entrepreneur, the risk shall pass to the customer as soon as SANIDCCA has handed the goods over to the carrier or another person designated to carry out the shipment. 5 | Partial deliveries are possible and shall be agreed separately. The delivery time shall be agreed. Objectively justified and reasonable extensions of delivery times shall be deemed approved by the customer. Delivery shall be made while stocks last. SANDICCA shall be free to select the method of dispatch and means of transport.

§ 6 Prices

1 | The prices quoted by SANDICCA are in euros, net, exclusive of statutory VAT and transport costs. Any packaging and shipping costs are not included. Unless otherwise agreed, transport costs shall be invoiced to the customer in addition. Typographical, printing and calculation errors, as well as extraordinary price changes, are reserved. 2 | The prices offered are based on the costs at the time the price was first stated. If the costs change before the customer places an order, Sandicca shall be entitled to adjust the prices accordingly. 3 | When goods are shipped to countries outside the European Union, additional customs duties may arise. These are not included in the price and shall be borne by the customer.  Such deliveries can only be made by SANDICCA if no legal or disproportionate logistical obstacles prevent delivery. 4 | For all other states in the Schengen Area, the actual delivery costs incurred shall be invoiced, and their amount shall be shown after the goods have been selected in the shopping cart and in the order confirmation. Deliveries outside the Schengen Area shall be handled by a forwarding agent. Automatic calculation of shipping costs is not possible in this case. The customer may nevertheless place an order by following the usual ordering process. After the order has been submitted, SANDICCA will contact the customer and inform them of the delivery costs. The customer may place the order subject to these delivery conditions.

§ 7 Payment Terms

1 | Payment shall be made net within 10 days of receipt of the goods. Discounts for prompt payment require a separate agreement. In the event of default in payment, including default on partial payments, any agreements on discounts for prompt payment shall also cease to apply. Payments by the customer shall be deemed made only when received in SANDICCA’s business account. 2 | In the event of an unauthorized deduction of discounts for prompt payment, shipping costs or other amounts by the customer, SANDICCA shall collect the outstanding amount at the customer’s expense. 3 | Orders from first-time customers exceeding a gross goods value of EUR 250 may be paid exclusively by advance payment or cash on delivery. 4 | In the event of a customer’s default in payment, even if the default is not the customer’s fault, the customer shall pay the resulting reminder costs and interest currently amounting to 9.0% p.a. plus VAT. All costs incurred by any debt collection agency commissioned to collect the claim and invoiced to SANDICCA shall likewise be borne by the customer culpably in default of payment, provided that these costs are reasonable and necessary for appropriate legal enforcement. 5 | Payments shall first be applied to interest and costs. By agreeing to the GTC, the customer consents that, in the event of default in payment, SANDICCA may transmit the customer’s name (including former names), gender, address, occupation, outstanding balance and reminder data pursuant to § 8 para. 3 DSG 2000 to the Warenkreditevidenz and to authorized debt collection companies. 6 | For resellers, the delivery and payment conditions applicable at the time of the order shall apply in accordance with the price list provided by SANDICCA to the reseller, taking into account the respective period of validity.

§ 8 Set-Off

1 | The customer may set off claims only if the customer’s counterclaims have been established by a court or acknowledged by SANDICCA.

§ 9 Retention of Title

1 | The goods shall remain the property of SANDICCA until all goods from the same order have been paid for in full. 2 | In addition to point 1, the following applies to resellers: The reseller is authorized to resell SANDICCA’s retained-title goods referred to in point 1 in the ordinary course of business. The reseller hereby assigns to SANDICCA in advance all claims arising against third parties from such resale, in the amount of the respective invoice value including VAT. Notwithstanding this assignment, the reseller shall remain authorized to collect the claim.

§ 10 Data Processing

1 | The customer hereby agrees that the data provided in the order (form of address, title, first name, surname, date of birth, street, postcode, city, telephone number, fax number, e-mail address, bank details) may be processed by SANDICCA for storage purposes. The data will also be stored and processed by SANDICCA for order fulfillment, invoicing, assertion of contractual claims, customer service purposes and the dispatch of advertising e-mails.  2 | The customer also agrees to receive messages from SANDICCA about its products, current offers and other company-related information by advertising e-mail, in particular newsletters.  3 |  If the personal data stored concerning the customer is incorrect, it shall be corrected immediately following the customer’s corresponding written notification.  4 | SANDICCA’s privacy policy, as amended from time to time, forms an integral part of the GTC.

§ 11 Warranty

1 |  If the customer is an entrepreneur within the meaning of the UGB, they must inspect the delivered goods or services immediately upon receipt for completeness, correctness and other freedom from defects, and must notify any defects in writing or by e-mail to office@sandicca.com without delay, but no later than eight working days after receipt of the goods or services and before resale or use, otherwise all claims to which they are entitled (in the case of defects identifiable through proper inspection), in particular consequential damage caused by defects, shall be forfeited. 2 |  Warranty claims arising from defects shall become time-barred within the statutory warranty period of 2 years from delivery or performance. In the case of legal defects, this period shall begin only when the defect becomes recognizable. 3 | In the event of a defect, the customer may choose between improvement and replacement. Only if both remedies are impossible or impracticable may the customer, in accordance with statutory provisions, demand an appropriate price reduction or rescission. The customer is obliged to give SANDICCA the opportunity to remedy the defect. If SANDICCA remedies a defect, this shall be free of charge and expenses, whereby SANDICCA may require the customer to return the goods, insofar as practicable, at SANDICCA’s risk and expense. 4 | Only properties expressly warranted by SANDICCA in writing shall be deemed warranted characteristics of the goods. SANDICCA reserves the right to make changes to its range; such changes do not constitute a defect. If the goods are defective, SANDICCA shall, at the customer’s choice, be obliged to remedy the defect or deliver new, defect-free goods. The statutory warranty provisions shall apply unless otherwise agreed in these GTC. This agreement must be made in writing. 5 | SANDICCA shall be entitled to refuse the type of subsequent performance chosen if it can only be carried out at disproportionate cost and if the other type of subsequent performance would not cause significant disadvantages for the customer. If subsequent performance has failed, the customer may, at their discretion, withdraw from the contract or demand a reduction of the purchase price. 6 | Promises and/or statements concerning the usability or special properties of the products are non-binding and do not constitute an express assurance of specific properties unless made in writing. 7 | Taste variations caused by harvesting, customary or minor technically caused variations in the quality, color and size of the raw materials used, as well as vintage-related changes in taste, color and packaging, do not constitute warranty defects or non-performance of the contract. 8 | SANDICCA produces pure natural products without artificial flavorings or preservatives. Accordingly, SANDICCA shall not be liable for consistency in taste, color, raw materials or appearance, or for other characteristics of conformity, in reordered products. The same applies to products ordered according to samples, provided that the variation remains within customary commercial and technical limits.

§ 12 Limitation of Liability

1 |  SANIDCCA shall be liable, except in cases involving injury to the life, body or health of a person, only for damage attributable to intentional or grossly negligent conduct. This also applies to indirect consequential damage, in particular loss of profit. Claims for damages in cases of slight negligence are excluded. 2 | The limitation of liability in § 14 para. 1  shall apply mutatis mutandis in favor of SANDICCA’s employees and vicarious agents. 3 | Claims under the Product Liability Act remain unaffected.

§ 13 Resellers

1 |  The resale conditions apply only on the condition that all products supplied by SANDICCA are resold by the reseller to end customers. 2 |  The minimum purchase per delivery must have a value of at least €150.00 net; SANDICCA Starter Packages are excluded from this requirement. In addition, annual turnover must amount to €1,000.00. Delivery is possible only in the sales units applicable to resellers under the reseller price list, as set out in the price lists provided by SANDICCA. 3 |  Reseller prices according to the applicable price list shall be granted only upon presentation of a trade license for food retail. 4 |  The VAT identification number must be provided when the order is placed. VAT identification numbers received after the invoice has been issued can no longer be taken into account. 5 |  SANDICCA permits its resellers to use the registered signs SANDICCA and any other SANDICCA trademarks exclusively to promote the original goods ordered. This permission may be revoked at any time and shall in any event end when the business relationship ends. The reseller is also not entitled to register, or have registered, the SANDICCA trademark or any other SANDICCA trademarks, or to modify them in any way, for example by using them with additions. 6 |  By placing the order, the reseller acknowledges that all rights remain fully reserved by SANDICCA and that any use exceeding the scope stated above requires SANDICCA’s express written consent. All image data, texts and graphics provided to the customer by SANDICCA are subject to SANDICCA’s copyright and rights of use. Modification of the documents provided, or their sale or granting of use to third parties, is not permitted and shall give rise to claims for compensation by SANDICCA. 7 |  In particular, delivery of the ordered goods does not grant the reseller the right, in any form whatsoever, to create the impression that a special business relationship with SANDICCA exists beyond the delivery or that their business is a sales outlet operated or certified by SANIDCCA itself. 8 |  Provision of data pursuant to the LMIV (EU Regulation No. 1169/2011): SANDICCA undertakes to provide the reseller with current information data. The reseller is responsible for requesting the current data; it will be transmitted electronically or, upon request, by post.

§ 14 Choice of Law and Place of Jurisdiction

1 |  The contractual relationship and all claims arising from it shall be governed by the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods. 2 | For any disputes arising from this contract, the court with jurisdiction over commercial matters in Graz shall be agreed as the place of jurisdiction, provided the customer is an entrepreneur. § 15 Severability Clause and Final Provisions 1 | If individual provisions of these GTC are or become invalid or unenforceable after conclusion of the contract, the validity of the remaining GTC shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The foregoing provisions shall apply accordingly if the GTC contain omissions. 2 | The place of performance is SANDICCA’s registered office, provided the customer is an entrepreneur. 3 | “In writing” means by e-mail, fax or post.

§ 15 Severability Clause and Final Provisions

1 | If individual provisions of these GTC are or become invalid or unenforceable after conclusion of the contract, the validity of the remaining GTC shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The foregoing provisions shall apply accordingly if the GTC contain omissions. 2 | The place of performance is SANDICCA’s registered office, provided the customer is an entrepreneur. 3 | “In writing” means by e-mail, fax or post.