General Terms and Conditions – Vouchers

1. These General Terms and Conditions (hereinafter "GTC") apply to all deliveries and services provided by Shopping Center Services GmbH (FN 333290h), Maria-Theresien-Straße 31, 6020 Innsbruck (hereinafter "Provider") to customers who are either consumers within the meaning of § 1 KSchG or entrepreneurs within the meaning of § 1 UGB (hereinafter "Customer"). They apply to all transactions (especially purchase contracts) conducted via the Provider's online presence or mobile application (hereinafter referred to as "online presence", including all top-level domains).

2. Deviating, conflicting and/or supplementary agreements or general terms and conditions of the customer (regardless of their form) do not become part of the contract unless expressly agreed to in writing by the Provider.

3. The online presence contains elements and content that are or may be protected in favor of the Provider or its cooperation partners (for example, under copyright/ancillary copyright law, trademark law, patent/utility model law, design law, competition law or other regulations). The Provider and its cooperation partners expressly reserve all rights thereto. Any use of these elements and content beyond the normal and necessary use of the online presence by the customer (in whole or in part) is not permitted without prior written consent from the Provider. This applies in particular, but not exclusively, to brands, names and trademarks, content, layout, design and interface of the online presence, databases, videos, photographs, texts, and graphics.

4. All information provided by the Provider in the webshop of the online presence is non-binding and subject to change and does not constitute a binding offer.

5. The Provider ensures the best possible availability of the online presence in accordance with reasonable and customary standards, but does not guarantee or accept liability for the continuous accuracy, completeness, specific characteristics, suitability or fitness, uninterrupted, error-free or risk-free availability, or the possibility of access/order, transmission, hardware, software or network errors, delays or mistakes (especially, but not exclusively, regarding price information) or any particular result.

6. On the online presence, the Provider presents its products and yoga training sessions ("KHT Sunset Sessions"). You can then add the desired product(s) to your shopping cart and proceed to order. It is also possible to add ticket(s) for training sessions on the roof of Kaufhaus Tyrol or – depending on the weather – via the video conferencing service "Zoom" to your shopping cart and order them. Registration is generally not required for ordering, but an order via the mobile application requires the creation of a customer account. During the ordering process, you will be provided with these GTC and the necessary information about the goods and contract terms.

7. Before submitting the electronic order by clicking the "order with obligation to pay" button (binding offer), you have the opportunity to check all the information you have provided for accuracy and completeness and correct any input errors. The purchase contract can be concluded in German. Offer/acceptance will be stored.

8. After successfully submitting the binding offer to the Provider, it is accepted by (i) sending an order confirmation to you; or (ii) executing the order by the Provider; or (iii) sending a confirmation email, which serves as a ticket for the yoga training sessions. The Provider reserves the right not to accept an offer without giving reasons.

9. Value vouchers in the form of a plastic card are offered on the online presence, which, after purchase, are sent by post to you (or the specified address).

10. You can choose between different value vouchers:

EUR 100.00

EUR 50.00

EUR 20.00

11. These vouchers can be redeemed for goods and services in all stores at Kaufhaus Tyrol (a list can be found on the online presence; if open) and used as a means of payment according to their stated value. You can order these value vouchers for yourself or have them sent/gifted to another person.

12. It is also possible to personalize vouchers. The voucher can be provided with a personal message and sent directly to the recipient.

13. A cash payout of the value stated on the voucher is not possible (not even partially). Lost vouchers will not be replaced.

14. A voucher is valid for 36 months from the date of issue/order and can be extended once for 24 months upon request by you/the holder. After that, the voucher can no longer be used.

15. Customers who are consumers within the meaning of § 1 KSchG have the right to withdraw from a concluded contract for the purchase of a voucher via distance selling within fourteen (14) days without giving any reason. The withdrawal period begins on the day you or a third party named by you, who is not the carrier, takes possession of the goods.

16. To exercise the right of withdrawal, you must inform the Provider of your decision to withdraw from the contract by means of a clear statement (e.g. by letter, fax or email). You can use the sample withdrawal form attached in the appendix, but this is not mandatory.

17. To meet the withdrawal deadline, it is sufficient that you send the notification of exercising the right of withdrawal before the withdrawal period expires.

18. If a contract is withdrawn from, the Provider must refund all payments received from you, including any shipping costs (except for additional costs resulting from choosing a different shipping method than the cheapest standard shipping offered), without delay and at the latest within fourteen (14) days from receipt of the withdrawal notice. The same payment method used in the original transaction will be used for this refund, unless expressly agreed otherwise; in no case will fees be charged for this refund. The refund may be withheld until the Provider has received the goods back or you have provided proof of return. The goods must be returned or handed over without delay and in any case no later than fourteen (14) days from exercising the right of withdrawal. The deadline is met if the goods are sent before the deadline expires. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to handling that was not necessary to check the nature, characteristics and functioning of the goods.

19. As soon as the voucher is fully redeemed by you/the holder, the right of withdrawal is excluded, even if the withdrawal period has not yet expired. If the voucher is only partially redeemed, the right of withdrawal (as per point 15 ff) regarding the remaining balance of a value voucher within the statutory period of 14 days remains unaffected.

20. The prices displayed on the online presence at the time of the order apply. All stated prices are, unless otherwise indicated, final prices in euros and include the statutory VAT at the applicable rate.

21. Shipping is currently possible to postal addresses in countries of the European Union (excluding overseas territories). The Provider does not charge any shipping fees for shipping to these countries.

22. The Provider accepts the following payment methods: PayPal, "Klarna" instant transfer (the general terms and conditions of the respective payment service provider also apply) as well as purchase on account/prepayment. For purchase on account, the goods will be shipped as soon as the gross purchase price and any additional costs have been fully and irrevocably credited to the Provider's specified account (this may take up to two banking days).

23. The total cost of an order is due immediately and in full. If you are an entrepreneur, default interest of 12% p.a. is agreed.

24. You are only entitled to withhold or offset against the Provider if such a claim has been acknowledged in writing or has been legally established by a court.

25. If you are in default of acceptance, the Provider (or its service provider) is entitled, at its discretion, to (i) deposit the delivered products in court at your expense with debt-discharging effect (§ 1425 ABGB); or (ii) store the products at your risk and with debt-discharging effect and charge you all costs incurred due to the default of acceptance (including storage costs); or (iii) sell the products at your expense after prior notice. The Provider's rights under applicable law, especially claims for damages, remain unaffected.

26. All deliveries are made under retention of title. The delivered goods remain the property of the Provider until full payment has been received.

27. The Provider is not liable for the impossibility or delay in performance due to force majeure. This includes circumstances that were unforeseeable and unavoidable for the Provider and are beyond its control, such as, but not limited to, natural disasters, epidemics/pandemics, war/terrorist activities, labor disputes, lockouts, attacks on the platform, servers or hardware/software, interruptions in energy supply or non-delivery by cooperation partners. The Provider is released from its obligations for the duration of the force majeure event and is only obliged to perform after the event has completely ceased.

28. The Provider is not liable for goods and services paid for with the voucher (as the relevant service is not provided by the Provider but by third parties), but only for the timely delivery, functionality and value certification of the voucher.

29. The value stated on the voucher is used to pay for goods or services from third parties. These are owed by third parties and must be provided in their own name and for their own account; the specific contractual relationship is established exclusively between you and the respective third party.

30. The Provider (as well as its bodies, representatives, vicarious agents) is not liable for any specific execution or particular result when you participate in training sessions.

31. The Provider (as well as its bodies, representatives, vicarious agents) is only liable to you for property damage in cases of gross negligence or intent – regardless of the legal basis; liability for personal injury due to fault is not limited.

32. For warranty claims against third parties, in addition to any provisions in their GTC (if the third party uses such GTC), the statutory provisions of the KSchG for consumers and those of the UGB for entrepreneurs apply.

33. These GTC and the contractual relationship between the Provider and the customer are governed exclusively by Austrian law, excluding the provisions of conflict of laws and the UN Convention on Contracts for the International Sale of Goods.

34. The exclusive place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship between the Provider and the customer, who is an entrepreneur within the meaning of § 1 UGB, is the court with subject-matter jurisdiction at the Provider's registered office. If the customer is a consumer within the meaning of § 1 KSchG, this applies only insofar as this place of jurisdiction coincides with the customer's general place of jurisdiction.

35. According to Art 14 para 1 of the Regulation on Online Dispute Resolution in Consumer Matters (ODR Regulation), consumers have the option to submit complaints to the EU's online dispute resolution platform: https://ec.europa.eu/consumers/odr. Alternatively, complaints can also be submitted to the following email address: service@kaufhaus-tyrol.at. However, the Provider is not obliged to participate in proceedings before an alternative dispute resolution body; participation is voluntary.

36. Should any provision of these GTC be or become illegal, invalid or unenforceable, the validity of the remaining provisions shall not be affected. Unless the parties agree otherwise, a valid provision shall apply in place of the invalid provision, which comes as close as possible to the economic purpose of the provision and the intention of the parties at the time of concluding this agreement.

1. In the course of using the online presence or in the event of transactions via this platform, the Provider processes the customer's personal data.

2. The processing of the customer's personal data is based on the General Data Protection Regulation No 2016/679 ("GDPR") and applicable national data protection laws, in particular the Data Protection Act.

3. The controller within the meaning of Art 4 No 7 GDPR is the Provider. The following personal data relating to the customer may be collected and processed by the Provider in connection with orders via the online presence as a result of the customer's input/disclosure: (i) first and last name/company, (ii) customer's username (e.g. if a customer account exists), (iii) address, (iv) email address, (v) first and last name as well as address of a different recipient of a value voucher, (vi) payment method/account details (in the case of payment by invoice). Please note that when using PayPal or "Klarna" instant transfer, other payment information (credit card details, bank details, etc.) is not processed by the Provider; the processing of these (possibly personal) data is carried out exclusively by the respective payment service provider.

4. By accessing or using the online presence, the following (partly personal) data may also be transmitted to and processed by the Provider: (i) log files such as IP address, date and time of access, information about the operating system and internet browser used, website from which access is made ("referrer URL"), etc., (ii) cookies, (iii) location-based information and information about the device used (depending on the relevant device settings).

5. The customer's personal data is processed by the Provider exclusively for the fulfillment of a contract or for the implementation of pre-contractual measures (Art 6 para 1 lit b GDPR), as a contract cannot be prepared, concluded or fulfilled without this data. Processing also takes place to safeguard the legitimate interests of the Provider or third parties (Art 6 para 1 lit f GDPR), in particular for the purposes of operational security of the online presence, receivables management, direct marketing in analog and digital form, customer retention, statistical analysis, and improvement of the service offering and its quality.

6. Personal data is only passed on to third parties as part of contract fulfillment (such as to the service provider responsible for shipping) in accordance with the GDPR or after prior separate consent. Otherwise, data is not passed on to third parties.

7. The protection of the customer's personal data is ensured by organizational and technical measures, such as protection against unauthorized access, impairment or loss, and technical data security precautions.

8. Personal data is retained by the Provider (or recipients) only as long as necessary to fulfill contractual obligations, including the handling of any complaints or warranty claims, or legal obligations (corresponding retention obligations may arise, for example, from tax regulations – a legal basis for data retention in this context also arises from Art 6 para 1 lit c GDPR). If this necessity no longer exists, the data will be deleted.

9. Subject to any statutory confidentiality obligations, the customer has the following

Rights

a. The right to obtain information at any time about their stored personal data, its origin, the purpose of processing, and, if applicable, the recipient of this data (Art 15 GDPR).

b. The right to request the correction, transfer, restriction of processing, blocking or deletion of personal data if it is incorrect or the basis for data processing no longer exists (Art 16, 17, 18,

20 GDPR).

c. The right to object to the processing of personal data based on Art 6 para 1 lit f GDPR ("legitimate interests") (Art 21 GDPR). Please note, however, that any objection does not affect the lawfulness of the processing of personal data on the basis of other legal grounds under Art 6 para 1 GDPR. Customers can address these claims to the following email address: service@kaufhaus-tyrol.at

10. If the customer believes that the processing of their personal data violates applicable data protection regulations or their rights under data protection law have otherwise been infringed, they have the right to lodge a complaint with the competent supervisory authority (pursuant to Art 77 GDPR).

Newsletter

11. Customers who already have or have had a contractual relationship with the Provider (e.g. through a purchase) may be contacted by the Provider with the option to receive future newsletters/other mailings from the Provider ("existing customer relationships"). This is only done with the customer's explicit consent, which can be revoked at any time.