Terms and Conditions

GENERAL TERMS AND CONDITIONS (GTC)

Aipax Brands e.K. • Siriusstraße 6 • 12524 Berlin • Germany

General Terms and Conditions for the brokerage of print-on-demand goods and services via online platforms, for B2B services, consulting and hybrid human-AI media production, for B2B compliance training, SaaS/portal services, and for – exceptional – proprietary trading.

Status: June 2026

 

This draft has been prepared based on the 2026 status.

 

TABLE OF CONTENTS

1.    Scope, Provider Identification (DDG), further mandatory documents

2.    Subject Matter of the Contract and Service Description

3.    Role as Intermediary, Marketplace Information Obligations, and Liability Privilege

4.    Information Obligations in Electronic Commerce and Button Solution

5.    Conclusion of Contract and Legal Capacity

6.    Prices, Taxes (OSS), Price Transparency, Payment, Default in Payment, Set-off

7.    Delivery, Decentralized Logistics (3PL), Product Safety, Force Majeure, Default of Acceptance

8.    Transfer of Risk

9.    Retention of Title

10.  Liability for Defects, Tolerances, Returns Routing, and Product Responsibility

11.  Liability and Damages (BGH Standard), Third-Party Interfaces, Software/AI Product Liability

12.  B2B Services, Consulting, AI Usage Rights, Trade Secrets, Data Act, EU AI Act, BFSG, RDG

13.  SaaS and Compliance Portals: Availability, SLA, Maintenance, Data Backup

14.  Term Contracts, Subscriptions, Price Adjustment, and Cancellation Button

15.  Platform Operations: DSA, KYBC, P2B, Payment Processing (ZAG/PSD3/GwG), DAC7/PStTG

16.  Customer Uploads: Rights Guarantee, Indemnification, Exclusion of AI Training

17.  Transparency in Customer Reviews

18.  Special Product and Youth Protection Provisions

19.  Supply Chain Due Diligence (Supplier Code of Conduct)

20.  Data Protection, International Data Transfer, and Geoblocking

21.  Right of Withdrawal, Electronic Withdrawal Function (Withdrawal Button), and Expiry

22.  Consumer Dispute Resolution

23.  Final Provisions

Appendix A — Right of Withdrawal Information

Appendix B — Sample Withdrawal Form

 

1. SCOPE OF APPLICATION, PROVIDER IDENTIFICATION, FURTHER MANDATORY DOCUMENTS

 

1.1 Contracting Parties and Provider Identification

These General Terms and Conditions (hereinafter GTC) apply to all contracts, brokerage services, and other services between:

 

Aipax Brands e.K.

Siriusstraße 6, 12524 Berlin, Germany

Owner: Rezan Oktay

E-mail: Service@Aipax-Brands.com

Telephone: +49 30 555 276 90

Website: www.Aipax-Brands.com

Register court: Amtsgericht Charlottenburg

Register number: HRA 65650

VAT Identification Number according to § 27a UStG: DE354290944

(hereinafter Provider or Aipax Brands)

and the customer named in the respective order (hereinafter Customer). Aipax Brands provides the complete mandatory information according to § 5 Digital Services Act (DDG) in the imprint of its website.

 

1.2 Customer Base

The offers are directed at consumers (§ 13 German Civil Code) and entrepreneurs (§ 14 German Civil Code).

      A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

      An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

 

1.3 Deviating conditions

These GTC apply exclusively. Deviating, conflicting or supplementary terms and conditions of the customer only become part of the contract if Aipax Brands has expressly agreed to their validity in text form. This also applies if Aipax Brands performs services without reservation despite knowing the customer's terms and conditions.

 

1.4 Further applicable documents

In addition to these GTC, the imprint (§ 5 DDG), the data protection declaration (Art. 13, 14 GDPR) including the consent management for cookies and similar technologies (§ 25 TDDDG), and the cancellation policy (Appendix A) can be accessed via the website and are authoritative in their respective areas of application.

 

1.5 Priority of special conditions

For individual types of services, the special provisions of sections 3 (Brokerage/Platform), 12 (B2B services/Consulting), 13 (SaaS) and 15 (Platform operation) apply. In case of conflict, the special provisions take precedence.

 

1.6 Contracts concluded via third-party online marketplaces

If contracts are initiated or concluded via third-party online marketplaces (e.g. Amazon, eBay, Etsy), the terms of use and contract conditions of the respective marketplace take precedence. In such a case, these GTC only apply additionally, to the extent permitted by the marketplace. These GTC apply without restriction to contracts concluded via Aipax Brands' own online presence (own shop) and to direct B2B service and consulting contracts. Legally required consumer information and functions (e.g. cancellation policy, electronic cancellation function according to section 21.2) are provided on the respective relevant interface; on third-party marketplaces, this is done according to their technical specifications.

 

2. SUBJECT OF THE CONTRACT AND DESCRIPTION OF SERVICES

 

Aipax Brands primarily acts as an intermediary and service provider. The subject of the service includes:

 

2.1 Brokerage of print-on-demand goods

Aipax Brands brokers contracts for print-on-demand/made-to-order goods (e.g. clothing, accessories, cosmetics) between third-party sellers or production partners and customers via online platforms. Production, finishing and delivery take place decentrally via a network of specialized production facilities and logistics partners (Third-Party Logistics/3PL). In this respect, the respective third-party seller is the customer's contractual partner; section 3 applies.

 

2.2 Brokerage of services

Aipax Brands brokers contracts for services between third-party service providers and customers via online platforms. In this respect, the respective third-party service provider is also the customer's contractual partner; section 3 applies.

 

2.3 Own B2B services, consulting and hybrid human-AI media production

Aipax Brands provides its own services for entrepreneurs, in particular consulting, conception, design and provision of websites and marketing campaigns, as well as the creation of image, video and text material using artificial intelligence (AI) in combination with human creative guidance, selection and editing (hybrid human-AI media production). Section 12 applies.

 

2.4 B2B AI Compliance Training

Aipax Brands offers training programs, learning materials and compliance training in the field of AI. These serve exclusively to impart knowledge and for further education. The limits according to the Legal Services Act are regulated in section 12.10.

 

2.5 SaaS and portal services

Aipax Brands provides entrepreneurs with compliance portals and other software-based services via the Internet (Software as a Service); section 13 applies.

 

2.6 Own trading

If Aipax Brands expressly offers goods as a proprietary trader in its own name and on its own account in individual cases, this will be indicated in the offer. In this case, Aipax Brands itself is the contractual partner; the provisions relevant to goods trading (in particular sections 7 to 10) apply in addition.

 

3. ROLE AS INTERMEDIARY, MARKETPLACE INFORMATION DUTIES AND LIABILITY PRIVILEGE

 

3.1 Position as intermediary

For brokered contracts (sections 2.1, 2.2), the contract is concluded exclusively between the third-party seller or service provider and the customer. The third-party provider owes performance, warranty and - where applicable - the right of withdrawal. Aipax Brands owes exclusively the proper provision of the brokerage and platform service and does not assume the obligations of the third-party provider.

3.2 Marketplace information obligations (§ 312l BGB, Art. 246d EGBGB)

As an operator of an online marketplace, Aipax Brands informs the consumer clearly and comprehensibly before placing the order

      about the main parameters for determining the ranking of the offers presented and their relative weighting,

      whether the respective provider is an entrepreneur according to their own declaration or not,

      in the event that the provider is not an entrepreneur, that the consumer protection provisions of Union law do not apply to the contract, and

      how the contractual obligations are divided between the third-party provider and Aipax Brands.

3.3 Liability privilege for third-party content

For content posted by third-party providers or users, Aipax Brands, as an intermediary service, is not responsible according to Art. 4 to 6 of Regulation (EU) 2022/2065 (Digital Services Act) and §§ 7 ff. DDG, as long as Aipax Brands has no knowledge of illegal content or acts immediately after gaining knowledge. The obligations under section 15 remain unaffected.

 

4. INFORMATION OBLIGATIONS IN ELECTRONIC COMMERCE AND BUTTON SOLUTION

 

In accordance with § 312i and § 312j BGB in conjunction with Art. 246c EGBGB, Aipax Brands provides information about the technical steps to conclude a contract and about the means for identifying and correcting input errors.

4.1 Technical steps to conclude a contract

24.  Selection of the goods or service and placing them in the shopping cart using the Add to Cart button.

25.  View the shopping cart and proceed to checkout.

26.  Enter customer, billing, shipping and payment information.

27.  Review all details on the order summary page.

28.  Submit a binding offer by clicking the order with obligation to pay button.

4.2 Button Solution

For paid consumer contracts in electronic commerce, the order button must be clearly labelled with nothing other than the words order with obligation to pay. Immediately above the button, the essential order details (essential characteristics, total price, term, and minimum duration, if applicable) are clearly and prominently displayed.

4.3 Identification and Correction of Input Errors

The customer can change their entries at any time before placing the order using the usual keyboard and mouse functions; editing functions are available on the order summary page. The process can be cancelled by closing the browser window.

4.4 Storage of the Contract Text

Aipax Brands stores the contract text after the conclusion of the contract. The customer receives all order data and these GTC in text form with the confirmation email for permanent storage.

4.5 Contract Language

The German language is available for concluding the contract.

 

5. CONCLUSION OF CONTRACT AND LEGAL CAPACITY

 

5.1 Non-binding offers

The presentation of products and services does not constitute a binding offer, but an non-binding invitation to place an order (invitatio ad offerendum).

5.2 Order Confirmation and Acceptance

For its own services and retail sales, Aipax Brands confirms receipt of the order immediately by email; this automatic confirmation of receipt does not constitute acceptance. The contract is concluded when Aipax Brands declares acceptance separately, performs the service or dispatches the goods, or requests payment. For brokered contracts, the conclusion of the contract is governed by the terms of the third-party provider; Section 3 applies.

5.3 Legal Capacity

Orders require the customer's full legal capacity. Minors may only order with the consent of their legal representatives.

 

6. PRICES, TAXES (OSS), PRICE TRANSPARENCY, PAYMENT, PAYMENT DEFAULT, OFFSETTING

 

6.1 Price Information and Price Transparency (PAngV/Omnibus)

      B2C: The prices indicated are final prices in Euros, including statutory VAT and other price components. For price reductions, the lowest total price that the respective provider demanded within the last 30 days before the reduction in the same sales channel is specified (§ 11 PAngV). For goods offered by weight or volume (e.g., cosmetics), the basic price per unit of measure is also stated (§ 4 PAngV).

      B2B: Unless expressly stated otherwise, prices are net prices plus statutory VAT.

6.2 VAT for cross-border B2C deliveries (OSS)

Insofar as Aipax Brands, as a retailer, delivers across borders to consumers within the EU, Aipax Brands calculates the VAT of the country of destination according to the One-Stop-Shop procedure (OSS) once the statutory delivery threshold (currently EUR 10,000 net for all EU B2C distance sales) has been exceeded. For brokered contracts, the correct taxation is the responsibility of the respective third-party seller.

6.3 Shipping Costs, Customs Duties, and Import Taxes

Shipping costs are clearly displayed during the ordering process and are borne by the customer, unless free shipping has been agreed upon. For deliveries outside the EU, customs duties, import VAT, and clearance fees may apply, which are to be borne by the customer.

6.4 Payment Methods

The payment methods offered are available (e.g. credit card, PayPal, invoice purchase, instant transfer, Apple Pay, Google Pay). For brokered contracts, payment processing is handled by a licensed external payment service provider; Section 15.6 applies.

6.5 Payment Default

If the customer defaults on a payment, the statutory default interest rates apply (five percentage points above the base rate for consumers, nine percentage points above the base rate for entrepreneurs). The right to claim further damages caused by default remains reserved.

6.6 Offsetting and Right of Retention

      B2C: Statutory provisions apply.

      B2B: The entrepreneur may only offset undisputed or legally established counterclaims. A right of retention is only granted to him for counterclaims arising from the same contractual relationship.

 

7. DELIVERY, DECENTRALISED LOGISTICS (3PL), PRODUCT SAFETY, FORCE MAJEURE, DEFAULT OF ACCEPTANCE

 

7.1 Delivery Period and On-Demand Production

Since print-on-demand goods are custom-made after the order, the delivery time consists of production and processing time (regularly 2 to 7 working days after receipt of payment) and shipping time. The delivery times applicable to the respective recipient country are indicated on the product pages.

7.2 Decentralised Logistics and Partial Deliveries

Deliveries are made decentrally via 3PL partners. Partial deliveries are permissible as long as this is reasonable for the customer; the customer will not incur additional shipping costs as a result.

7.3 Product Safety (GPSR), EUDR and Digital Product Passport (ESPR)

The product, material and safety-related obligations (product safety according to Regulation (EU) 2023/988 [GPSR], CE marking, designation of a responsible person established in the EU, EUDR according to Regulation (EU) 2023/1115, digital product passports according to ESPR Regulation (EU) 2024/1781) are incumbent upon the respective manufacturer, third-party seller or production partner. As an operator of an online marketplace, Aipax Brands cooperates with market surveillance authorities in accordance with Art. 22 GPSR, maintains a central contact point and, upon becoming aware of a dangerous product, removes the relevant offer. Insofar as Aipax Brands acts as a retailer or placer on the market, Aipax Brands fulfills these obligations itself.

7.4 Force Majeure

Events of force majeure that significantly impede or make performance impossible (e.g. natural disasters, war, pandemics, strikes, official measures, failures of upstream suppliers or transport routes) extend the delivery period by the duration of the disruption. Aipax Brands will inform the customer immediately. If the disruption lasts longer than six weeks, both parties are entitled to withdraw from the contract; services already rendered will be reimbursed.

7.5 Default of Acceptance and Duties to Cooperate

The customer ensures a complete and correct delivery address. If a shipment cannot be delivered due to incorrect address data or refusal of acceptance and is returned to a partner warehouse, the customer is in default of acceptance (§ 293 German Civil Code). The resulting additional costs shall be borne by the customer, unless the consumer has properly exercised their right of withdrawal or is not responsible for the non-acceptance.

 

8. PASSING OF RISK

 

This provision applies insofar as Aipax Brands delivers goods as a reseller. In the case of brokered contracts, the passing of risk is governed by the contract with the third-party seller.

8.1 For Consumers (B2C)

The risk of accidental loss and accidental deterioration of the goods passes to the consumer or a person designated by them only upon delivery (§ 446, § 475 para. 2 German Civil Code). This also applies to mail order purchases.

8.2 For Businesses (B2B)

In the case of mail order purchases, the risk passes upon delivery of the goods to the forwarding agent, carrier or other person designated to carry out the shipment (§ 447 German Civil Code).

 

9. RETENTION OF TITLE

 

This provision applies insofar as Aipax Brands delivers goods as a reseller.

9.1 For Consumers (B2C)

The delivered goods remain the property of Aipax Brands until full payment of the purchase price.

9.2 For Businesses (B2B)

The goods remain the property of Aipax Brands until all claims from the ongoing business relationship have been settled (extended retention of title). The entrepreneur is entitled to resell the goods in the ordinary course of business; they hereby assign to Aipax Brands the claims arising from the resale up to the invoice amount. Aipax Brands accepts the assignment.

 

10. LIABILITY FOR DEFECTS, TOLERANCES, RETURN ROUTING AND PRODUCT RESPONSIBILITY

 

10.1 Brokered Contracts

For brokered contracts, the third-party seller is liable for the statutory warranty. Aipax Brands supports the customer in asserting claims by forwarding the complaint to the relevant provider or the responsible 3PL logistics center.

10.2 Resale – Warranty for Consumers

Insofar as Aipax Brands acts as a reseller, consumers are entitled to the statutory warranty rights without restriction.

10.3 Resale – Warranty and Obligation to Inspect for Businesses (B2B)

      If the customer is a business, the warranty period for delivered goods is one year from delivery. The limitation periods for recourse under § 445a German Civil Code and liability under section 11 remain unaffected.

      If the purchase is a commercial transaction for both parties (§ 377 German Commercial Code), the entrepreneur must examine the goods immediately after delivery and report any defect in text form without delay; otherwise, the goods are deemed to have been approved, unless the defect was not discernible during the examination.

10.4 Permissible Production Tolerances for Textiles

Production-related and material-dependent dimensional deviations of delivered textiles from the size charts of up to +/- 2.5 cm (or up to 5% for highly elastic materials) are customary in trade and do not constitute a material defect under § 434 German Civil Code.

10.5 Complaint Procedure and Decentralized Return Routing

Defects must be reported by e-mail to Service@Aipax-Brands.com, enclosing meaningful photos of the defect and the shipping label. There is no warehouse at the administrative Berlin address (Siriusstraße 6); defective goods may not be sent there. In the case of a justified complaint (defect), a free return label for the responsible 3PL logistics center will be provided immediately; Aipax Brands or the third-party seller shall bear the return costs in accordance with the statutory provisions. In the event of cancellation, the consumer bears the direct costs of the return; the correct return address will be communicated. The statutory warranty and withdrawal rights of consumers are not restricted by this organizational regulation.

10.6 Product and Material-Related Registration Obligations

The product and material-related manufacturer and distributor obligations – in particular the Packaging Act (LUCID), the Electrical and Electronic Equipment Act (ElektroG/WEEE) and the Battery Act (BattG), the designation of the responsible person according to the Cosmetics Regulation (EC) No. 1223/2009) as well as textile labeling (EU) No. 1007/2011) – are met by the respective third-party seller or manufacturer/production partner in the brokerage model. These ensure proper registration and labeling and indemnify Aipax Brands internally from claims arising from their violation. Insofar as Aipax Brands exceptionally acts as a reseller or distributor itself, Aipax Brands fulfills the relevant registration, labeling and take-back obligations itself and maintains the necessary registrations.

10.7 Consumer Contracts for Digital Products (§§ 327 et seq. German Civil Code)

If Aipax Brands provides consumers with digital content or digital services (e.g., online training, e-learning access, downloads, SaaS access), §§ 327 to 327u German Civil Code apply additionally. Aipax Brands provides the digital product in the contractually agreed and objectively required condition. For the duration of the provision or the period relevant to the type of product, Aipax Brands provides the updates necessary to maintain conformity, including security updates, and informs the consumer about them (§ 327f German Civil Code). In the event of defects, the consumer is entitled to the statutory rights of supplementary performance, reduction, and termination of the contract in accordance with §§ 327i et seq. German Civil Code. Agreed deviations from the objective requirements are only effective if the consumer was specifically informed about them before the conclusion of the contract and expressly and separately consented.

 

11. LIABILITY AND DAMAGES

 

Aipax Brands is liable for damages – regardless of the legal basis – only in accordance with the following provisions.

11.1 Unlimited Liability

Aipax Brands is liable without limitation

      for damages resulting from injury to life, body or health due to an intentional or negligent breach of duty by Aipax Brands, a legal representative or vicarious agent,

      for other damages resulting from intent or gross negligence,

      in case of assuming a guarantee or a procurement risk, as well as

      within the scope of mandatory legal liability, in particular under the Product Liability Act.

11.2 Liability for Breach of Essential Contractual Obligations

In the case of a slightly negligent breach of an essential contractual obligation, liability is limited to the contractually typical, foreseeable damage. Essential contractual obligations are those obligations the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contracting party may regularly rely.

11.3 Exclusion of Liability for Other Cases

Otherwise, liability is excluded. The limitations of liability also apply in favor of the legal representatives, employees, and vicarious agents of Aipax Brands.

11.4 Third-Party Interfaces and Third-Party AI Models (B2B)

For entrepreneurs: Insofar as services are based on interfaces, services or AI models of third parties (in particular, but not limited to, programming interfaces of external AI providers such as OpenAI, Higgsfield and Anthropic), Aipax Brands shall not be liable for their availability, freedom from errors, scope of performance or changes, unless Aipax Brands is responsible for the failure or defect. Sections 11.1 and 11.2 remain unaffected.

11.5 Strict Product Liability for Software/AI (B2B)

For entrepreneurs, strict liability for defects in digital products and AI systems is excluded to the extent permitted by law. Mandatory statutory liability provisions, in particular for the benefit of consumers, as well as sections 11.1 and 11.2 remain unaffected.

11.6 Maximum Aggregate Liability (B2B)

For entrepreneurs, liability for property damage and financial loss caused by slight negligence is limited per claim to the typical, foreseeable damage for the contract, but not exceeding the amount of the agreed remuneration for the affected service. Sections 11.1 and 11.2 remain unaffected.

11.7 Liability as an Intermediary

In the case of mediated contracts, Aipax Brands is not liable for the fulfillment or defects of the mediated service of the third-party provider, but only for its own proper mediation and platform service in accordance with sections 11.1 to 11.3 and the liability privilege under section 3.3.

 

12. B2B SERVICES, CONSULTING, AI USAGE RIGHTS, TRADE SECRETS, DATA ACT, EU AI ACT, BFSG, RDG

 

12.1 Consulting Services

Aipax Brands provides consulting services with the diligence of a diligent service provider based on the information provided by the entrepreneur. A specific economic, legal or design success is not owed. Consulting services do not constitute legal advice within the meaning of the Legal Services Act (RDG).

12.2 Hybrid Human-AI Creations

The created designs, texts, programming, photographs, brand concepts and media content are based on a hybrid production process that combines human creative work (concept development, selection, editorial control, retouching, fine-tuning) with the supportive use of AI systems.

12.3 Aipax Brands' Reservation of Rights

All rights to the work results - including the underlying images, videos, texts, custom models, model weights, algorithms, prompts and reusable face identity models (Soul IDs) - remain fully, exclusively and permanently with Aipax Brands. Aipax Brands also secures its intellectual property under the Trademark Act (MarkenG) and the Patent Act (PatG). Insofar as no copyright exists for individual, exclusively machine-generated components due to a lack of human creative height, the aforementioned reservation of rights shall apply as a contractual assignment; the protection of such components is additionally provided by the Trade Secrets Act (Section 12.7) and the contractual use restrictions of these GTC.

12.4 Granted Right of Use

Unless expressly agreed otherwise in text form, Aipax Brands grants the entrepreneur, after full payment, a simple, non-exclusive, non-transferable and non-sublicensable right of use to the work results, which is limited to the agreed purpose and the agreed temporal and spatial scope. Further, exclusive, temporally or spatially unlimited or transferable rights of use, as well as a transfer of rights, can be granted in individual cases by separate agreement in text form and against separate remuneration.

12.5 Prohibitions and Limits of Use for AI Components

Prohibited are: the use of the work results for training third-party AI systems, decompilation, reversion to underlying models, and the disclosure of raw prompts, model weights, or models. Aipax Brands makes no warranty that the third-party AI models used or generated sub-components are free from third-party rights or can claim independent protection; the entrepreneur bears the risk of the registrability and protectability of the end product under trademark or copyright law.

12.6 AI Transparency (EU AI Act)

Aipax Brands labels synthetic or AI-generated or AI-manipulated content in accordance with the transparency obligations of Art. 50 of Regulation (EU) 2024/1689 (AI-VO), which will be applicable from August 2, 2026.

12.7 Trade Secrets (GeschGehG)

The AI models, fine-tuned model weights, algorithms, prompts, and Soul IDs developed and used by Aipax Brands are trade secrets within the meaning of the Trade Secrets Act (GeschGehG). Their acquisition, use, reproduction, disclosure, or decompilation without express consent is prohibited.

12.8 Data from Portal Use (EU Data Act)

Aipax Brands may use non-personal telemetry and usage data generated during the use of the SaaS and compliance portals to secure, maintain and improve its services and models, to the extent permitted by Regulation (EU) 2023/2854 (Data Act). The entrepreneur's access and provision rights under the Data Act remain unaffected.

12.9 Prohibition of High-Risk AI Applications (EU AI Act)

The entrepreneur is prohibited from using the provided AI systems, media or portals for purposes classified as high-risk applications or representing prohibited practices under the EU AI Act, in particular biometric identification, pre-employment screening, credit scoring or the control of critical infrastructures. In case of violation, the entrepreneur shall indemnify Aipax Brands from third-party claims and official measures.

12.10 Accessibility (BFSG) and Exclusion of Legal Advice (RDG)

For its own B2C online interfaces, Aipax Brands observes the Accessibility Strengthening Act (BFSG) to the extent required by law. When creating websites for entrepreneurs that fall within the scope of the BFSG, the entrepreneur provides detailed specifications in advance; Aipax Brands implements these according to recognized technical standards, and the final conformity check and approval (acceptance) is the responsibility of the entrepreneur. Trainings, compliance materials, templates and badges are for training and informational purposes only and do not constitute legal services within the meaning of the RDG. Certificates and badges issued only confirm participation in a training or its completion; they are not proof of the entrepreneur's legal conformity and are not a seal of quality and may not be used as official or legally binding confirmation of compliance. Liability for official measures or warnings incurred by the entrepreneur after a consultation or training is excluded to the extent permitted by law; sections 11.1 and 11.2 remain unaffected.

 

13. SAAS AND COMPLIANCE PORTALS: AVAILABILITY, SLA, MAINTENANCE, DATA BACKUP

 

For entrepreneurs, the following applies to software-based services (SaaS):

13.1 Availability

Aipax Brands provides an annual average availability of the portal of 99.5%, measured at the handover point to the internet of the data center. Times of planned maintenance according to section 13.2 as well as outages beyond the control of Aipax Brands (e.g. force majeure, disruptions of third-party interfaces) are not included.

13.2 Maintenance Windows

Aipax Brands carries out planned maintenance work during low-traffic periods if possible and announces it in advance, as far as reasonable. Short-term, technically unavoidable interruptions during announced maintenance windows do not constitute a defect.

13.3 Data Backup and Data Loss

The entrepreneur is responsible for regularly backing up his entered data. In the event of data loss for which Aipax Brands is responsible, liability is limited to the costs incurred for restoration if the entrepreneur had properly and regularly backed up data. Sections 11.1 and 11.2 remain unaffected.

 

14. TERM CONTRACTS, SUBSCRIPTIONS, PRICE ADJUSTMENT AND CANCELLATION BUTTON

 

14.1 Term and Renewal

For recurring services (e.g. SaaS, portal or ongoing training subscriptions), the initial contract term is a maximum of two years. If implicit renewal is agreed, the contract will be extended indefinitely after the initial term and can then be terminated at any time with one month's notice.

14.2 Price Adjustment

The remuneration for ongoing services is linked to the development of the costs incurred by Aipax Brands for the provision of services, in particular costs for third-party services and licenses, hosting and infrastructure costs, personnel costs and statutory charges. If these costs increase, Aipax Brands may increase the remuneration accordingly; if they decrease, Aipax Brands is obliged to reduce the remuneration accordingly. The overall development of the aforementioned cost factors is decisive; an adjustment may not be used to increase profits. Any adjustment will be communicated in text form at least six weeks before it takes effect, stating the reason. In the event of an increase, the customer has a special right of termination at the time it takes effect; this will be indicated in the notification.

14.3 Cancellation Button (§ 312k BGB)

For consumer contracts of indefinite duration concluded via a website, Aipax Brands provides an easily findable cancellation button labeled Cancel contracts here as well as a confirmation button labeled Cancel now. Access and the time of cancellation will be confirmed in text form. The cancellation button is not combined with the revocation function under Section 21.2.

14.4 Form of Termination

Terminations require at least text form; the right to terminate via the cancellation button remains unaffected.

14.5 Amendment of these General Terms and Conditions for Contracts of Indefinite Duration

Aipax Brands may amend these General Terms and Conditions for existing contracts of indefinite duration with future effect, insofar as this is necessary to adapt to changed legal or supreme court requirements, to changes in the range of services or technical conditions, and does not unduly disadvantage the customer. The intended changes will be communicated to the customer in text form at least six weeks before they come into effect. If the customer does not object in text form within six weeks of receipt of the notification, the changes are deemed accepted; the notification will specifically inform the customer of the significance of silence, the objection period, and the right of termination. If the customer objects in due time, the contract will continue under the previous conditions; in this case, Aipax Brands may ordinarily terminate the contract at the next permissible date. Changes affecting the main service promise or remuneration are not covered by this clause; Section 14.2 applies exclusively to price adjustments.

 

15. PLATFORM OPERATION: DSA, KYBC, P2B, PAYMENT PROCESSING, DAC7

 

15.1 Notice and Action Procedure (DSA)

Users can report illegal content or violations via the provided online reporting form or by e-mail to Service@Aipax-Brands.com. Aipax Brands will promptly investigate reports and take appropriate measures in case of justified suspicion (e.g., removal of content, blocking of an offer).

15.2 Moderation, Justification and Complaint Management (DSA)

Aipax Brands may remove content and temporarily or permanently block offers or user accounts if there is a violation of legal regulations, third-party rights, or these General Terms and Conditions. Affected users will receive a justification and can have it reviewed via the internal complaint management system.

15.3 Verification of Commercial Sellers (KYBC, Art. 30/31 DSA)

Before offers are posted, Aipax Brands collects and verifies the identity, address, and registration data of commercial sellers (Know-Your-Business-Customer). Commercial sellers are obliged to provide complete and truthful information; posting remains blocked until verification.

15.4 Transparency and Seller Protection (P2B Regulation)

Regulation (EU) 2019/1150 (P2B) applies to commercial sellers. The main parameters for ranking as well as the reasons for restricting, suspending, or terminating seller accounts are provided transparently; restrictions are justified. Changes to the platform conditions will be announced to commercial sellers at least 15 days before they take effect.

15.5 Remuneration for Brokerage

Aipax Brands may charge third-party providers a fee (e.g., commission) for brokering; details result from the separate agreement with the provider. The customer incurs no additional costs from the brokerage as such, unless expressly stated otherwise.

15.6 Payment Processing (ZAG/PSD3) and Money Laundering (GwG)

Aipax Brands does not act as a payment service provider and does not hold sellers' funds. All payments are processed exclusively via a licensed external payment service provider through direct debit and split payments, so that no licensing requirement arises under the Payment Services Supervision Act (ZAG) and PSD3. Aipax Brands complies with the applicable provisions of the Money Laundering Act (GwG).

15.7 Tax Transparency (DAC7/PStTG)

Aipax Brands is obliged to report data and turnover of sellers to the Federal Central Tax Office if the legal thresholds are met (more than 30 sales or over EUR 2,000 turnover in the calendar year per seller). Commercial users are obliged to cooperate fully; if cooperation is refused, Aipax Brands may block the seller account.

 

16. CUSTOMER UPLOADS: RIGHTS GUARANTEE, INDEMNIFICATION AND EXCLUSION OF AI TRAINING

 

16.1 Customer's Rights Guarantee

If the customer uploads image, graphic or text files for personalization, they warrant that they have the necessary rights and that the content does not infringe third-party rights (in particular copyright, trademark, personal rights or competition law) and no legal prohibitions.

16.2 Indemnification

The customer indemnifies Aipax Brands from third-party claims asserted due to a legal infringement by the uploaded content, including reasonable costs of legal defense. This does not apply insofar as the customer is not responsible for the infringement.

16.3 Purpose Limitation and Exclusion of AI Training

Uploaded content will be used exclusively for the processing of the respective order. Use for training AI models does not occur, unless the customer has expressly consented. This regulation applies in accordance with the GDPR and Art. 4 para. 3 of Directive (EU) 2019/790 (DSM Directive).

 

17. TRANSPARENCY IN CUSTOMER REVIEWS

 

Insofar as customer reviews are made accessible, it will be stated whether and how it is ensured that the reviews originate from persons who have actually purchased or used the goods or services (§ 5b para. 3 UWG). For this purpose, the review option is linked to a verified user account or a proven purchase. Reviews are not created or suppressed for payment.

 

18. SPECIAL PRODUCT AND YOUTH PROTECTION PROVISIONS

 

18.1 Labelling of Cosmetics and Textiles

The labelling obligations for cosmetic products (INCI ingredients, responsible person according to Regulation (EC) No. 1223/2009) and for textiles (fiber composition in German according to Regulation (EU) No. 1007/2011) are incumbent on the respective manufacturer or third-party seller; these are responsible for the correctness and indemnify Aipax Brands internally. If Aipax Brands acts as a direct seller, Aipax Brands ensures the labelling itself.

18.2 Youth Protection (JuSchG/JMStV)

Aipax Brands complies with the Youth Protection Act (JuSchG) and the Interstate Treaty on the Protection of Minors in the Media (JMStV). Age-restricted goods are not offered or brokered; should this change, appropriate age verification systems will be used. AI-generated media content will be labelled and moderated to exclude any risk to minors.

 

19. SUPPLY CHAIN DUE DILIGENCE (SUPPLIER CODE OF CONDUCT)

 

Aipax Brands voluntarily undertakes to promote compliance with fundamental human rights, occupational health and safety regulations and recognized environmental standards within its own organization and with its direct production, service and 3PL partners. This assurance takes into account the expectations of large business customers within the framework of the Supply Chain Due Diligence Act (LkSG) and the EU Supply Chain Directive (CSDDD). This does not establish any liability beyond the legal requirements.

 

20. DATA PROTECTION, INTERNATIONAL DATA TRANSFER AND GEOBLOCKING

 

20.1 Data Protection

The processing of personal data is carried out in accordance with the GDPR and the separate data protection declaration. The provisions of the Telecommunications-Digital Services Data Protection Act (TDDDG) apply to cookies and comparable technologies.

20.2 International Data Transfer

For the purpose of processing orders, necessary data is transmitted to decentralized production partners, third-party providers and 3PL service providers in Germany and abroad, including third countries. Transmissions to third countries only take place in compliance with Art. 44 et seq. of the GDPR (e.g., adequacy decision or standard contractual clauses).

20.3 Geoblocking

Aipax Brands treats customers from other EU member states without undue discrimination regarding access, prices, and payment conditions, in accordance with Regulation (EU) 2018/302. This does not establish an obligation to deliver to all member states.

 

21. RIGHT OF WITHDRAWAL, ELECTRONIC WITHDRAWAL FUNCTION (WITHDRAWAL BUTTON) AND EXPIRATION

 

21.1 Existence of the Right of Withdrawal

Consumers generally have a 14-day right of withdrawal for distance contracts and contracts concluded off-premises. For mediated contracts, the right of withdrawal exists vis-à-vis the third-party seller or service provider. Details can be found in the withdrawal instructions in Annex A; the sample withdrawal form is attached in Annex B.

21.2 Electronic withdrawal function / withdrawal button (§ 356a BGB)

Insofar as consumers can conclude distance contracts eligible for withdrawal via an online user interface of Aipax Brands, Aipax Brands provides a highly visible, easily accessible, and permanently available electronic withdrawal function labeled Cancel Contract throughout the entire withdrawal period. The function provides a two-stage process: after calling up the function, the consumer enters the information necessary to identify the contract and confirms the withdrawal via a separate button labeled Confirm Withdrawal. Aipax Brands immediately sends the consumer an acknowledgment of receipt on a durable medium, containing the content of the declaration, as well as the date and time of receipt. For mediated contracts, Aipax Brands immediately forwards the withdrawal declared via the function to the responsible third-party provider. The withdrawal function is in addition to the other ways of declaring withdrawal and in addition to the cancellation button according to section 14.3.

21.3 Exclusion for personalized goods (§ 312g (2) No. 1 BGB)

The right of withdrawal does not apply to goods that are not prefabricated and for the production of which an individual choice or determination by the consumer is decisive or which are clearly tailored to his personal needs.

      Exclusion: Products that are manufactured, printed, embroidered, or refined on express request with personalized elements (e.g., individual texts, uploaded photos, or customer-specific graphics) using the print-on-demand or made-to-order process.

      No exclusion: Standard motifs that are merely produced on demand after an order, without customer-specific personalization. For these, the right of withdrawal – and thus the withdrawal function according to section 21.2 – continues to exist.

21.4 Premature expiration for digital content and services (§ 356 BGB)

      Digital content (e.g., downloads, e-learning access): The right of withdrawal expires if the performance has begun after the consumer has expressly agreed that performance will begin before the end of the withdrawal period and has confirmed his knowledge of the loss of the right of withdrawal.

      Services: The right of withdrawal expires upon complete performance of the service if performance has only begun after the consumer has expressly agreed and confirmed his knowledge that he loses the right of withdrawal with complete fulfillment of the contract.

 

22. CONSUMER DISPUTE RESOLUTION

 

Aipax Brands is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. As an entrepreneur with ten or fewer employees, Aipax Brands also has no information obligation according to § 36 (3) VSBG; the above statement is made voluntarily for clarification.

 

Note: The former EU Online Dispute Resolution platform (ODR platform) was discontinued on July 20, 2025. A link to this platform no longer needs to be provided and has therefore been deliberately omitted.

 

23. FINAL PROVISIONS

 

23.1 Applicable Law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the state of habitual residence is not withdrawn (favorability principle).

23.2 Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive – also international – place of jurisdiction for all disputes arising from the contractual relationship is the business domicile of Aipax Brands e.K. in Berlin.

23.3 Text Form

Amendments and additions to this contract must be in text form. This also applies to the waiver of this text form requirement.

23.4 Severability Clause

      With respect to entrepreneurs: Should individual provisions be or become wholly or partially ineffective or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the ineffective provision, a valid provision shall be deemed agreed that comes closest to the economic objective of the ineffective provision. The same applies to contractual loopholes.

      With respect to consumers: In case of ineffectiveness of individual clauses, the statutory provisions apply (§ 306 BGB).

 

ANNEX A — INSTRUCTIONS ON WITHDRAWAL

 

Note (not part of the contract): This text is based on the official template of Annex 1 to Article 246a § 1 para. 2 sentence 2 EGBGB, including the design notice for the online withdrawal function (§ 356a BGB) applicable from June 19, 2026. For mediated contracts, the respective third-party seller/service provider is to be inserted as the recipient of the withdrawal instead of Aipax Brands. The sections indicated in square brackets are to be filled in.

 

Right of withdrawal

 

You have 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 you or a third party designated by you, who is not the carrier, took possession of the goods. In the case of a single order for several goods that are delivered separately, the period runs from the day on which you or a third party designated by you took possession of the last good. For services and digital content not delivered on a tangible medium, the withdrawal period is fourteen days from the day the contract was concluded.

To exercise your right of withdrawal, you must inform us

Aipax Brands e.K., Siriusstraße 6, 12524 Berlin, E-Mail: Service@Aipax-Brands.com, Telephone: +49 30 555 276 90

by means of a clear statement (e.g. a letter sent by post or an e-mail) about your decision to revoke this contract. You may use the attached sample withdrawal form, but this is not mandatory.

You can also exercise your right of withdrawal online at [insert internet address of the withdrawal function]. If you use this online function, we will immediately send you a confirmation of receipt with information on the content of the withdrawal declaration as well as the date and time of its receipt on a durable data carrier (e.g. by e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

 

Consequences of withdrawal

 

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.

You shall send back or hand over the goods immediately and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us, to the return address provided in the event of a complaint or withdrawal (responsible 3PL logistics centre). The deadline is met if you send the goods before the period of fourteen days has expired.

You shall bear the direct cost of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their quality, characteristics, and functionality.

 

Special notes (services and digital content)

 

If you have requested that the service should begin during the withdrawal period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you inform us of the exercise of the right of withdrawal, compared to the total scope of the contractually agreed services.

In the case of a contract for the provision of digital content that is not supplied on a tangible medium, the right of withdrawal expires prematurely under the conditions specified in Section 21.4 of these General Terms and Conditions.

 

APPENDIX B — SAMPLE WITHDRAWAL FORM

 

Note (not part of the contract): Based on the official sample in Annex 2 to Article 246a § 1 para. 2 sentence 2 EGBGB. If you wish to withdraw from the contract, please fill out this form and send it back. As of June 19, 2026, you can alternatively declare your withdrawal directly online via our electronic withdrawal function, which you can access in the footer under "Withdrawal Declaration" (§ 356a BGB); the use of this form is then not necessary. For brokered contracts, the respective third-party provider must be entered as the recipient.

 

Aipax Brands e.K. — Status of GTC: June 2026