AGB

General Terms and Conditions (GTC)

Status: April 2022 Version 1.0

1 Scope

These General Terms and Conditions (hereinafter referred to as GTC) apply to all legal transactions between the buyer and Lutz Sport-Mode AG (hereinafter referred to as LS-Golf), regardless of the distribution channel (e.g. direct sale or sale via the website). In addition, these GTC apply to all legal transactions between the customer and one of the partner dealers of LS Golf, who sell their products directly and in their own name via the online stores of LS Golf.
own name.

2 Conclusion of contract

The products and prices in the online store are considered an offer. However, this offer is always subject to the contract dissolving condition of delivery impossibility or incorrect pricing.

The purchase contract for LS-Golf products or services is concluded with LS-Golf if no specialist dealer was explicitly selected in the sales process.

For products and services where a specialist dealer has been selected in the sales process, the contract is concluded directly between the dealer and the customer as soon as the customer places his order in the online store, in one of the branches, by telephone or e-mail and specifies a specialist dealer.LS-Golf is in this case always only active as an intermediary and service provider for the partner dealer, but does not itself become a contractual partner.

The arrival of an online order is confirmed to the customer by means of an automatically generated e-mail from LS-Golf to the e-mail address provided by the customer. The receipt of this confirmation of receipt is not a promise that the product can actually be delivered. It only indicates to the customer that the submitted order has arrived at the online shop and thus the contract with LS-Golf or the partner dealer has been concluded under the condition that delivery is possible and the price is correct.

If after an order or the conclusion of the contract a (partial) delivery impossibility (resolving condition) occurs, the customer will be informed immediately by e-mail. If the customer has already paid, the amount will be refunded. If no payment has been made, the customer will be released from the obligation to pay. Further claims due to delay or failure of delivery are excluded.

3 Price

Decisive for the conclusion of the purchase contract is the price in the online store at the time of the order. Additional services such as installation, disposal, warranty extensions, insurance, etc. can be offered directly by LS-Golf and are listed separately in the shopping cart and on the invoice.

All sales prices published in the online store are final prices, which include all taxes (such as VAT), any prepaid recycling fees and all other possible charges, fees or costs. Delivery costs will be charged separately. LS-Golf and its partner dealers reserve the right to change the prices of the products and services offered at any time.

4 Delivery

If the customer does not accept the ordered products on the delivery date or does not collect them from the partner dealer as agreed, LS-Golf or the partner dealer may terminate the contract. The delivery costs incurred and any loss in value shall be borne by the customer.

Information on availability, delivery time, delivery date and shipping method in the online store and on the order confirmation are provided without guarantee.

The customer has the right to withdraw from the contract if LS-Golf or the partner dealer is in default of delivery. Delay in delivery occurs in principle after 30 days from the originally announced delivery date. In this case, the buyer will be refunded any amounts paid in advance, but there is no further claim against LS-Golf or the partner dealer.

The customer is obliged to immediately check delivered or collected products for correctness, completeness and delivery damages and to document delivery damages on the delivery bill.

Delivery damages, incorrect and incomplete deliveries are to be reported to LS-Golf and the partner dealer within 5 calendar days from the time of the pick-up perspective of the delivery. The product must not be put into operation by the customer and must be kept in the original packaging and returned to LS-Golf or the partner dealer.

5 Additional services:Assembly and disposal

The assembly includes the delivery, unpacking and assembly of the ordered products including the return of the packaging material. If the assembly service cannot be provided due to a reason for which the customer is responsible (e.g. due to non-compliance with the assembly date, incorrect measurement information, etc.), the customer shall not be entitled to a refund of the assembly service paid.

The disposal includes the receipt and environmentally friendly disposal of the items indicated by the customer when placing the order. These must correspond in type and quantity approximately to the ordered product. The items to be disposed of shall be provided by the customer in a manner suitable for transport and on the agreed delivery date of the ordered products.

6 Warranty

LS-Golf or the partner dealer assumes the warranty for freedom from defects and functionality of the ordered product for 2 years after delivery or collection. The warranty period continues regardless of the provision of any warranty services.

LS-Golf or the partner dealer can optionally extend the warranty by

- free repair (original warranty period continues on all products);

- partial and complete replacement with an equivalent used/repaired product. (in case of replacement in the 1st year of warranty the original warranty period continues, in case of replacement in the 2nd year of warranty the warranty period is 1 year from the date of replacement);

- Replacement with a new product by LS-Golf (new warranty period of 2 years from replacement).

- Credit at the current price, (maximum the sales price at the time of the order); or

- Reduction

produce.

Excluded from the warranty are wearing parts such as batteries, rechargeable batteries, power cables, adapters, lamps and software.

If the manufacturer's warranty exceeds the warranty of LS-Golf or the partner dealer, LS-Golf or the partner dealer shall also grant this to the customer.

When handing over a data carrier or a product with a data memory contained therein to LS-Golf or the dealer, a complete loss of data must be expected in any case. The customer is responsible for a proper data backup and the protection of their data. LS-Golf or the partner dealer are not liable for any loss of data.

The costs for a repair outside the warranty shall be borne by the customer. For devices that do not have any detectable defects or where the defect is not covered by the warranty, LS-Golf or the dealer reserve the right to charge the customer for the costs of testing the claimed defect and the shipping costs.

Provisions for used goods: Other provisions apply to the already discounted products, which are marked in the online store as "As good as new Tested" or **Used Tested**. They may have slight optical defects or be reconditioned products. These optical defects are excluded from the warranty and are mentioned in the item details. Otherwise, the warranty period for these products is one year from the date of delivery or collection.

7 Liability and exclusion of liability

However, in no event shall LS-Golf or the Partner Dealer be liable for (i) ordinary negligence, (ii) indirect and consequential damages and loss of profits, (iii) unrealized savings, (iv) damages resulting from delay in delivery, and (v) any acts or omissions of LS-Golf's or a Partner Dealer's auxiliary personnel, whether contractual or non-contractual.

Furthermore, LS-Golf or the partner dealer decline liability in the following cases:

- improper, non-contractual or illegal storage, adjustment or use of the products;

- Use of incompatible spare parts or accessories (e.g. power supply);

- failure to maintain and/or improper modification or repair of the products by the customer or a third party;

- force majeure, in particular damage caused by natural hazards, moisture, falls, impacts, etc., for which LS-Golf is not responsible, and official orders.

8 Payment

All claims for payment of products and services purchased via the online stores of LS-Golf are asserted by LS-Golf directly against the customer. With the conclusion of the purchase contract, the partner dealer assigns to LS-Golf the entire payment claim that arises within the framework of the purchase contract between him and the customer (assignment). The customer acknowledges this assignment and is obliged to make all payments exclusively to LS-Golf.

The payment options listed in the online store are available. Current payment methods fees are detailed in the ordering process. When paying by credit card or other instant payment methods, the charge is made at the time of order.

In the case of prepayment, delivery will be made only after receipt of payment, and the products will be reserved until the expiry of the payment period of at least 11 calendar days.

Purchase on account can be offered to customers. The invoice amount is to be paid within 20 calendar days after receipt of delivery, without any deduction. In case of partial return of the delivered products, the invoice amount can be reduced accordingly.

Cash payment is only possible upon pickup.

9. default of payment

If the customer fails to meet his payment obligations in whole or in part, all outstanding amounts shall become due immediately (in the case of advance payment within 8 calendar days of the 1st reminder) and LS-Golf may demand payment immediately. LS-Golf will charge a handling fee of CHF 5.- for the 2nd reminder and CHF 20.- for the 3rd reminder. In the case of unsuccessful reminders, the invoice amounts can be assigned to a company commissioned with the collection. In this case, an additional effective annual interest rate of up to 15 % on the invoice amount owed from the due date can be charged. The company entrusted with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.

10. ordered products remain the property of LS-Golf or the partner dealer until full payment has been made to LS-Golf. LS-Golf or the partner dealer shall be entitled to make a corresponding entry in the retention of title register. Prior to the transfer of ownership, pledging, transfer of ownership by way of security, processing or transformation is not permitted without the express consent of LS-Golf or the partner dealer.

11. return of goods free of defects

The customer can return his defect-free goods within 14 days. The period begins from the date of dispatch (the date of the postmark is decisive) or collection. The return of products purchased through the online shop must be registered via the personal customer account of the online shop. The packaging and shipping costs for the return are borne by the customer. Damaged products will not be taken back, the customer is obliged to pay the invoice in full. If the customer makes use of his right of return, LS-Golf will refund the total purchase price excluding return shipping costs. The return is excluded in the following cases: damaged items, items without original packaging, items with missing accessories, electronic software licenses (ESD) and food.

When handing over a data carrier or a product with a data memory contained therein to LS-Golf or the partner dealer, a complete loss of data must be expected in any case. The customer himself is responsible for a proper data backup and the protection of the data. LS-Golf and the partner dealer are not liable for any loss of data.

Lithium Batteries is a hazardous material and must be shipped according toADR regulations. Lithium batteries with defects such as: Water damage, drop damage or defective housing must not be transported under any circumstances and must be disposed of properly immediately.

The following returns will be disposed of after 6 months:

Returns that cannot be assigned to a customer

Shipments that cannot be returned to the customer

The following cannot be delivered within the scope of warranty performance

12 Further provisions

12.1 Data protection

The privacy policy applies to the processing of personal data by LS-Golf.

12.2 Division invalidity

These GTC cannot be amended unilaterally. Should individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions and these GTC as a whole.LS-Golf reserves the right to amend these GTC at any time. The version of these GTC valid at the time of the order shall apply.

12.3 Place of jurisdiction and applicable law

All legal relationships between LS-Golf or a dealer and the customer are subject to Swiss substantive law. The Vienna Sales Convention is not applicable. For claims of consumers, the domicile of the consumer or the registered office of LS-Golf or (in case of sale by a partner dealer) the registered office of the partner dealer shall be the place of jurisdiction.