General terms and conditions of use of the storage areas of SmartBox GmbH 1.

1. Scope

These terms and conditions apply to all storage space rental contracts between SmartBox GmbH and third parties as customers. For commercial customers, conflicting or deviating general terms and conditions of customers for storage at SmartBox GmbH are non-binding and are only recognized if SmartBox expressly agrees to their validity in text form. A later objection or reservation against these conditions despite the use of the services by the customer is irrelevant. These terms and conditions also apply to all future transactions with the customer, insofar as they are legal transactions of a certain related type in accordance with § 305 Para. 3 BGB.

2. Rental, conclusion of contract, text form

The offers are non-binding. To place an order, a rental contract form available on the website and on site must be completed in full and signed. The order can only be accepted either by means of an order confirmation in text form (letter, fax, e-mail) or by actually providing the storage space (notification of the access code). Telephone and verbal agreements are non-binding unless they are confirmed in text form. Subsequent changes and additions to the contract must also be in text form. The waiver of the text form can only be agreed in text form.

3. Duration of storage space leases, ordinary termination and leases with prepayment discounts

The storage space rental contracts are only possible as fixed-term contracts, ie for a period of time determined in advance. The rental relationship is automatically extended after the end of the contract. Subletting of the storage area is not permitted.

The minimum contract period is 4 weeks. In the case of a longer period of time, the customer can give notice of termination in text form (letter, fax, e-mail) with a notice period of 1 week.

Discounts for advance payments (5% for a fixed rental period of 6 months or 10% for a fixed rental period of one year) are possible against waiver of the right to ordinary termination and with simultaneous advance payment. If prepayment discounts are used, cancellation before the end of the prepaid period (6 months or one year) is not possible. If, however, the storage space is no longer needed before the end of the prepaid period and the Lessor is asked to take it back, SmartBox is obliged to take back the cleaned storage space, but is not obliged to repay the advance payment received; the advance payment made expires without replacement.

4. Permitted use, access rights of SmartBox GmbH staff, measures in the event of inadmissible use, allocation of a replacement storage space if necessary

The customer uses the storage area exclusively for storage purposes. Maximum floor load must not exceed 500 kg per square meter.

Staying in the rooms or on the site is only permitted for the purpose of moving the items, rearranging them and inspecting them; in particular, the rooms/boxes may not be used to process the stored items or for a stay that is not necessary for storage. Third persons are only allowed to stay when accompanied and under the supervision of the customer. Structural changes (fixed shelves, partitions, hooks, floor attachments) are not permitted.

There is an absolute ban on alcohol, drug use and smoking on the entire site and in the buildings.

Each area unit has the option of attaching a second lock, which may only be attached by SmartBox GmbH staff in the event of default of payment and to avert urgent danger. If the second lock device is used by a customer, the tenant's own lock will be removed without replacement or reimbursement of costs, if necessary at the customer's expense.

The following may not be stored: jewellery, cash, works of art; plants, animals, insects, etc.; Substances/liquids that are easily or spontaneously combustible and/or cause any emissions, in particular gases, paints, petrol, oil, solvents, lithium batteries, and so on; Foodstuffs, unless the method of preservation and the airtight packaging exclude pest infestation and any emissions; unpacked and unclean clothing (particularly processed fur or unprocessed fur parts), weapons; explosives; Ammunition; hazardous or emitting chemicals, radioactive materials, biological warfare agents; Toxic and hazardous waste, more than 8 car tires per compartment (new or used, no old tires); any prohibited substances and objects or unlawfully possessed objects.

In the event of reasonable assumption of unauthorized use, the staff of SmartBox GmbH is entitled to access and check at any time, in the event of imminent danger even without prior notice. If improper use is determined, the customer must immediately remove the improper items. In the case of hazardous substances and imminent danger, SmartBox GmbH staff can immediately remove the items from the warehouse at the customer's expense. In the case of weapons, explosives, ammunition, dangerous chemicals, radioactive substances, biological warfare agents and toxins, SmartBox GmbH will call in the responsible authorities to avert danger at the expense of the renting party.

The customer acknowledges that SmartBox GmbH may also be obliged to provide access for the purpose of a lawfully ordered search by the law enforcement authorities and for official measures to avert danger and will comply in principle without prior notification to the tenant.

If maintenance or repair measures are required, the customer grants and permits access to the storage unit after notification with a

period of one week. If the customer does not respond to the announcement, SmartBox GmbH staff can gain access themselves if the measures are urgent. For the same reasons, SmartBox GmbH can insist on relocation to a comparable alternative compartment/box and, if necessary, carry out the relocation itself in the event of failure to cooperate despite being asked to do so.

The customer keeps the rooms/boxes clean and tidy.

In the case of contracts for a period of six months, SmartBox GmbH has the right to provide the customer with an equivalent contract during the term of the contract (maintenance, repairs, conversion) by means of a notification (letter, fax, e-mail) with a period of two weeks allocate replacement storage space. The rearrangement is carried out by the customer himself and without compensation for expenses or costs.

5. Interest on use, sales tax for commercial customers, payment and deposit

The billing period is 4 weeks. Payment is made in advance for each billing period. The invoice will be emailed as a PDF. The customer agrees to the unencrypted transmission as an e-mail attachment.

The prices in the order confirmation to consumers are fixed prices in EURO, whereby no sales tax is calculated on the service/shown on the invoice. The stated price also does not include sales tax. For commercial customers who are entitled to full input tax deduction (15 UStG), SmartBox GmbH declares the exercise of the option for sales tax, so that the prices shown plus the statutory sales tax are to be paid. Commercial customers receive an invoice with the sales tax shown, which entitles them to deduct input tax. At the request of SmartBox GmbH, the customer must provide written assurance and evidence of the exclusive commercial use.

Payments are due at the beginning of each billing period and are payable without any discount deductions.

If, after conclusion of the contract, it becomes apparent that a claim for payment for the forthcoming billing period is at risk - due to the customer's lack of ability to pay (e.g. seizure measures against stored objects, application for insolvency) or - the customer has repeatedly defaulted on payments of more than two weeks in the past Payment due for the next billing period can be brought forward by two weeks by means of a declaration in text form.

Reasonable price increases by SmartBox GmbH are possible after a period of 12 months after the first billing period due to changes in wage and maintenance costs for storage rooms. This does not apply if a usage relationship with advance payment has been agreed and the advance payment has been effected.

The customer pays a deposit specified in the rental agreement before using the rooms/box. This deposit secures all claims against the customer and will be refunded in cash within 3 weeks after the end of the contract if the customer has fulfilled all obligations such as timely return in a clean and undamaged condition and has fulfilled his payment obligations.

6. Insurance

SmartBox GmbH insures - during the agreed contract period - the items brought in by its storage customers with SV Sparkassenversicherung Gebäudeversicherung AG at no extra cost. The DTV goods insurance conditions 2000 in the 2008 version (DTV goods 2000/2008) as well as special conditions for the insurance of removal goods for the insurance according to DTV goods 2000/2008 (BB removal goods) as well as these general terms and conditions for storage space rental apply to the insurance cover.

6.1. Insurance coverage requirements

The insurance cover only exists if

has been paid for in advance for the agreed storage period,

the items were packed appropriately and stored appropriately,

during storage, the customer indicates all risk-related circumstances that justify an increased risk than the typical risk in dry storage at normal indoor temperatures.

6.2. Uninsured risks / items The risks are excluded

of war, civil war or war-like events and those resulting from the enemy's use of war tools and the presence of war tools as a result of one of these dangers, regardless of the state of war;

strikes, lockouts, industrial riots, acts of terrorism or political violence, regardless of the number of people involved, riots or other civil commotions;

confiscation, confiscation or other interventions by higher authorities;

from the use of chemical, biological, biochemical substances or electromagnetic waves as weapons that are dangerous to the public, regardless of other contributing causes;

nuclear energy or other ionizing radiation. Objects that are not permitted for storage in accordance with Section 4 of these General Terms and Conditions are not insured. In addition, paintings, antiques, real carpets and furs, silver items, antique porcelain, precious stones, real pearls, money, securities, securities, coined precious metals, documents and certificates are not insured. There is no insurance cover for

Damage caused by glue solutions, cracking or blinding of the polish, leakage of liquids;

Damage caused by dents, chipped paint, varnish and enamel, scratches and scrapes, as well as damage caused by rust and oxidation in the case of unpackaged items;

Damage caused by non-functioning clocks, apparatus, devices, motors, instruments, locks and the like, broken threads in tubes and lighting fixtures;

personal injury;

Financial losses from agreed contractual penalties, delivery deadline agreements and guarantee agreements;

Costs of recovering lost or damaged data on data carriers as well as for the failure damage as a result of the data loss;

indirect financial losses;

damage not promptly reported;

damage caused intentionally or through gross negligence by the customer.

6.3. amount of the insurance benefit

The insured value is - in the case of a damaged, repairable item - the repair costs necessary at the time of the insured event, plus any remaining impairment, but at most the current value of the item. Fair value is new value with an appropriate deduction for age and use, taking into account any residual values. A personal collector's item is not insured.

The maximum insurance value per rental unit is EUR 5,000.00. In addition, the insured value is limited to the amount specified by the customer when storing the items.

If the goods are damaged when the insurance begins, compensation for loss or damage will only be paid if the existing damage had no influence on the damage that occurred during the insured period.

6.4. provisions in the event of damage

The customer must report every damage event immediately. The damage report includes

a detailed list of the items (name, quantity, age, purchase value and date of purchase, current value, previous damage)

the suspected cause

temporal circumstances of storage and damage assessment

if necessary, photos, copies of invoices, etc. In the event of an insured event, the customer must avert or mitigate the damage as far as possible. He must follow the instructions of the insurer and obtain such instructions as far as the circumstances allow. The customer must provide any information that is required to determine the insured event or the scope of the obligation to provide benefits. He is obliged to procure and secure all evidence that may be of importance for the subsequent clarification of the course of the damage or for the assertion of recourse claims.

7. Consequences of delayed payment, failure to cooperate or breach of contract

If the customer is in default of payment for the usage interest or if the customer fails to cooperate as required or if the customer uses the storage space in an inadmissible manner, it is agreed:

- For each reminder of the payment / written reminder of the fulfillment of the obligation, the customer has to reimburse a processing fee for expenses of a flat rate of € 10.00 as well as any return debit fees of the bank; - If the payment deadline is exceeded by more than one week, the annual interest on arrears for consumer transactions in the amount of 5 percentage points above the base rate according to § 288 BGB is agreed upon. For commercial customers, the annual interest on arrears is 8 percentage points above the base interest rate in accordance with § 288 BGB, but at least 10 percentage points from the due date; - If the payment deadline is exceeded by more than a week, SmartBox GmbH staff will attach a landlord's own lock to secure contractual claims, which can only be unlocked and removed by SmartBox GmbH staff and only during office hours.

A higher usage fee applies for use after the end of the contract; for more information on this, see point 8 below.

8. Clearing and return of the storage space after the end of the rental period and/or termination, compensation for use in the event of non-clearance, order to clear

If the rental contract is properly terminated by the customer before the expiry of point 3, the rented storage space must be cleared and handed over to SmartBox GmbH cleaned within office opening hours. The use of special cleaning agents must be agreed with the SmartBox GmbH staff.

SmartBox GmbH can terminate the tenancy by means of a declaration in text form:

Without notice in the event of a delay in payment of more than two weeks at the end of the current billing period;

Subject to a period of two weeks in the event of failure to cooperate and/or breach of the obligations under the rental agreement, if the customer allows the deadline previously set in text form to cooperate/comply with the conditions to elapse; the request may be combined with the termination, which is omitted after the subsequent cooperation/compliance with the conditions within the set period;

Without notice in the event of violations resulting from the storage of prohibited or unlicensed weapons, explosives, ammunition (except by special agreement and secured storage that must be kept secret from third parties), dangerous chemicals, radioactive substances, biological warfare agents and toxins;

Without notice in the case of searches by the law enforcement authorities, enforcement measures by the enforcement bodies and other coercive measures by the authorities. Statutory termination rights for good cause remain unrestricted for both contractual partners. For the time after the four weeks of default in payment (billing period) during the agreed contract term and termination or after two weeks after the termination without notice until the day of the actual eviction, the tenant owes compensation for use in the amount of the current rent plus a 20% surcharge.

If the storage room is not vacated within two weeks despite the end of the rental relationship due to the expiry of time or termination and a written request to the last known address, the customer instructs SmartBox GmbH now:

- To open the room/box by destroying the lock device without being liable for damages, to procure and install the replacement lock device if necessary, to enter the room, to examine the contents of the box; - To remove the items left behind for a fee and to store them elsewhere if necessary and (only if possible) without third-party claims against compensation for use plus a surcharge of 20%;

- to dispose of the items left behind professionally at the customer's expense without being economically viable, - to dispose of the items left behind that are economically viable and to offset the proceeds from the disposal against the interest arrears, costs of substitute measures, disposal and compensation for use; and to deposit any remaining balance for the following three calendar years.

The stored valuables are assigned as security without further explanation to secure the interest payments and the costs of replacement measures. Furthermore, in this case, SmartBox GmbH hereby declares the exercise of the landlord's right of lien and objects to the removal of objects without prior consent or receipt of the full outstanding amount.

9. Force Majeure

If the timely provision of a confirmed storage for SmartBox GmbH is completely or partially impossible for reasons of force majeure or official measures restricting the operation or only possible at a disproportionately high cost, SmartBox is released from the performance obligation for the duration of the hindrance or its after-effects and a otherwise possible compensation for delay. SmartBox will immediately inform the customer of the circumstances and is entitled to withdraw from the contract.

If SmartBox is responsible for the impossibility of making it available, the contractual partner is entitled to withdraw from the contract.

10. Warranty, Complaints, Exclusion of Consequential Damage

The customer checks the storage space provided for the appropriate condition upon acceptance. With the storage, the customer confirms the contractual condition of the area. Warranty rights of the commercial contractual partner presuppose that they have duly fulfilled their inspection and notification obligations according to § 377 HGB. Claims for defects do not exist in the case of only insignificant deviations from the agreed normal quality and usability, in the case of natural wear and tear, improper handling, excessive stress or improper installation or modification, including by third parties.

This does not apply in the case of fraudulent concealment of a defect or guarantee for the condition of the storage space.

Any liability beyond this warranty, in particular for direct or indirect consequential damage, is excluded to the extent permitted by law. The liability exclusion does not apply to damage resulting from culpable injury to life, limb or health, nor in the case of intentional or grossly negligent action.

In the case of favors on the part of the SmartBox GmbH staff by providing assistance with loading or unloading, moving the items in or out of the storage areas, any support is not a service of the SmartBox, but the personal favor of the helper, for which SmartBox GmbH cannot be held liable.

11. Governing Law, Place of Jurisdiction, Miscellaneous

This contract and the legal relationships of the contractual partners are exclusively subject to the law of the Federal Republic of Germany. Place of performance and exclusive place of jurisdiction for all disputes is Ostfildern-Ruit, Federal Republic of Germany, insofar as this is permissible under German law. Should individual provisions of these terms and conditions be or become invalid, the remaining provisions shall remain unaffected. The contractual partners undertake to replace the invalid regulation with a legally permissible regulation that comes as close as possible to their originally intended economic intentions.

Stand: February 2021