Terms and conditions as of: 7th September, 2011

of

Wunschboutique GmbH, Managing director: Jemma Klengel, Augustenstr. 48, 80333 München, USt-ID: DE263643458

for our products and services, which can be ordered and purchased via the portal www.wunschboutique.de.

Preamble

Wunschboutique GmbH (hereafter: “WB”) offers its customers an online shop for wedding gifts. Furthermore, a virtual wedding registry (wedding gift list) can be set up free of charge, so that wedding guests can order and purchase the relevant items and have them delivered directly to the wedding couple.

Definitions

Customer = a natural or legal person that uses the services of WB

Consumer = a natural person not acting in a commercial capacity

Entrepreneur = a natural or legal person or personal company acting in a professional or commercial capacity

A. Area of application

I. These terms and conditions (hereafter: “T&Cs”) apply to all contracts, deliveries and services between WB and its customers.

II. If the customer is an entrepreneur with whom WB has an ongoing business relationship, the T&Cs also apply to all future contracts, unless the future contracts are based on a more recent version of the T&Cs.

III. Differing or conflicting T&Cs of customers are fully waived.

B. Contract formation, rescission, contract fulfillment

WB offers an online shop with wedding gifts at the URL www.wunschboutique.de.

Furthermore, bridal couples can set up a virtual wedding registry (wedding gift list) and provide access to guests by sending them the access details. Special clauses apply for such a virtual wedding registry, as outlined in section C below, which override all other regulations in case of conflict.

I. Contract formation, prices, payment conditions

1. Your order is a request to us for the formation of a contract. A contract is only formed when you receive an order confirmation from us. The customer places an order online via the online shop using a shopping cart system, but also via telephone or mail. The customer is bound to this order for seven days. If within this period of seven days the order is not accepted by WB, as signified by the customer not having received an order confirmation from WB, no contract is formed. The acknowledgement by WB of receipt of an order, in itself does not signify an order confirmation.

2. Displayed prices are inclusive of the legally valid value added tax (”Mehrwertsteuer“). Unless otherwise specified, the displayed prices do not include packaging, handling and transportation charges.

3. Payment is done via either direct debit from a German checking account (“Lastschrift“) or using a credit card (Visa or MasterCard), if no other arrangements have been agreed upon.

II. Rescission

WB is entitled to withdraw from a contract in the following cases:

1. Payment does not occur within seven days of issuance of invoice.

2. The order originator was placed under insolvency protection, or has filed for insolvency protection or is under liqudation.

III. Delivery times, retention of ownership

1. Delivery occurs to the address specified by the order originator, as close to the preferred delivery date as possible. Delivery dates and delivery periods are to be understood as customary delivery times. Preferred delivery dates are not fixed delivery dates unless the delivery date or the end of the delivery period has explicitly been set as a fixed date. In case of delivery delays that become apparent during the order process, WB will inform the order originator of this as soon as possible.

2. The ordered items remain property of WB until final payment is received.

IV. Set-off, retention

The customer is only entitled to a set-off or retention in case of legally valid and certified demands or demands accepted directly by WB.

V. Defects, delays

1. If the purchased item has a defect that WB is accountable for, then WB will correct it following a valid defect claim was made. In this case WB will act to rectify or replace the defective item.

2. If payment of a customer, who is a consumer, is delayed, then WB is entitled to claim delay interest of 5% above the relevant standard interest rate per year. If payment of a customer, who is an entrepreneur, is delayed, then WB is entitled to claim delay interest of 8% above the relevant standard interest rate per year. If WB incurs higher delay-related damages and proves this to the customer, then WB is entitled make a claim for this to the customer.

C. Virtual wedding registry

The following special clauses apply additionally for a virtual wedding registry:

1. Creation of the wedding registry, industrial property rights

As a service we offer the creation of a virtual wedding registry free of charge. Not only is it possible to set up a gift list, but also inpidual texts and images can be inserted/ uploaded.

a) With the upload of texts and images the uploading party (“Uploader”) confirms that, regarding potential intellectual property rights of texts and images, he/she gives WB unrestricted right of use (neither time-restricted, nor location-restricted, nor content-restricted) for publishing and use on the web pages of the WB domain www.wunschboutique.de and that he/she is entitled to do so (either as owner of the intellectual property or as the owner of the relevant intellectual property rights). The Uploader further confirms that the texts and/or images do not violate the rights of third parties (personal rights, industrial property rights, trademark rights, etc.) and releases WB from all potential claims of third parties due to the upload, unless these claims lie solely in the sphere of influence of WB.

b) Prior registration is required to set up a virtual wedding registry. Access information has to be chosen as part of this process. The wedding registry creator or creators ensure to not share the access information with third parties and to choose secure passwords. Secure passwords are one that consist of an arbitrary combination of lower case and upper case letters and numbers and are at least six characters long.

c) In order to inform third parties (the guests ordering and purchasing gifts for the bridal couple) of the gift list, the wedding registry creators (the bridal couple) choose additional access data with a secure password, which they send at their discretion to the guests and other people of their choice. Further, the wedding registry creators choose a preferred delivery date, the delivery address and enter their own address.
The wedding registry will be closed three weeks prior to the preferred delivery date, unless otherwise agreed with WB. After this date no further orders can be places via the wedding registry.

d) The gift list can contain products, money gifts, experience and other gift vouchers, or the request to make a charitable donation to a charitable organization. The wedding registry creators can choose to pide higher priced gifts, so that wedding gift purchasers (e.g. wedding guests) only contribute a share of a gift. If the sum of the inpidual gift shares does not reach the total of the whole gift at the time the closure of the gift list, WB will inform the wedding registry creators (the bridal couple) of this occurrence and will offer them the option of contributing the outstanding amount themselves. If the wedding registry creators choose to decline this offer, WB will pay out the amount received for the gift shares to the bridal couple.

2. Wedding registry operation

Once the virtual wedding registry is set up on the internet, wedding registry users, who order gifts, (e.g. wedding guests) can fulfill the wishes of the wedding registry creators. Once WB have accepted the order request the ordered gift is removed from the gift list and can no longer be ordered. The wedding list creators will be informed of the order being placed, but will not be told who ordered the gift.

a) Greeting card, wrapping, delivery
The wedding registry users, who order gifts, (e.g. wedding guests) can add a personal greeting card to the gift and write a personal message. Each gift is wrapped and delivered to the wedding registry creators to the chosen delivery address as close to the preferred delivery date as possible.

b) Cancellation
The wedding registry creators can cancel the wedding registry up to three weeks before the preferred delivery date. In the event of a cancellation the wedding registry users, who order gifts (e.g. wedding guests), will be refunded the money they paid for the ordered gifts and an administration fee of 15% of the gift value will be deducted. The wedding registry users are entitled to provide evidence that a lower administration fee should be applied.

D. Right of return and its consequences

If the customer is a consumer, then he is entitled to make use of the following rights of return policy.

The right of return does not apply to items that were created to custom specifications of the customer or were tailored to the requirements of the customer or due to their nature are not suitable for return as well the delivery of audio or video material or software, if the sealed packaging is opened or (in the sense of breaking the seal) damaged. The right of return expires for a service also if the contractual obligation is fully met by both parties upon the explicit request of the consumer.

I. Right of return information

The customer is entitled to withdraw from his contractual obligation within a month of receipt of good and this right of return information in writing (e.g. letter, email, fax) without giving reasons in writing (e.g. letter, email, fax) or by returning the items. Receipt of goods without the relevant right of return information in writing does not start the right of return period, nor does receipt of the right of return information in writing without receipt of the goods. To adhere to the right of return period it is sufficient to send in the withdrawal in writing or send in the goods within the right of return period.

The withdrawal is to be sent to:
Wunschboutique GmbH, Geschäftsführerin: Jemma Klengel, Augustenstr. 48, 80333 München, Email: info@wunschboutique.de, fax: 08938900160
The goods are to be returned to:
SLC Service Logistik Center GmbH, Wunschboutique, Haimhausener Str. 17, 85386 Eching/Deutenhausen.

II. Right of return consequences

In case of a legitimate return, any payments, goods, or services provided by either side are to be returned and compensation made for any benefits derived (e.g. benefits of use).

If the customer can not return the received good or service in full or only in a deteriorated condition, then he is required to pay the relevant compensation. A deteriorated condition of the good or service is not present if it is due to normal the testing of the good or service – which the customer would have been possible to do in a physical shop. The customer can avoid the compensation if he does not make use of the good or service as an owner would and if he avoids doing anything that could deteriorate the value of the good or service.

In case of return of a good or goods, whose total order value is up to EUR 40, the customer is responsible for paying for the return shipping charges, if the delivered good or goods are the ordered good or goods. In all other cases the return shipping is free of charge to the customer.
End of the right of return information.

E. Liability

I. WB shall be held fully liable for intent and gross negligence and, in case of injury of life, body and health, WB is also liable for any form of simple negligence.

II. Otherwise WB is only liable for negligence if fundamental contractual obligations (cardinal obligations) have been violated. The liablility of WB in such cases is limited to contract-typical and reasonably foreseeable damages.

III. As far as liability of WB is excluded or limited, this also extends to personal liability of employees, temporarily contracted employees, organs, representatitves and temporary staff.

F. Juristiction, applicable right, ending regulations

I. If the customer is an entrepreneur, the sole juristiction is that of the office headquarters of WB. Furthermore WB is entitled to sue the customer in any other legal juristiction.

II. Only the low of the Federal Republic of Germany applies, and excludes the regulations of the United Nations agreement on international trade of goods and services (CISG).

III. The customer is not permitted to transfer contractual demands or obligations with WB to third parties without prior written agreement of WB.

IV. Changes and amendments of these T&Cs are required in writing. This includes changes to the written-form clause.

V. If inpidual clauses of these T&Cs become ineffective in part or in full, this does not affect the effectiveness of all other parts of the T&Cs.