TERMS AND CONDITIONS
§ 1 Scope and provider
(1) These general terms and conditions apply to all orders placed with the online store of
Victoria Schwarzbeck
address on request, as private address
transact.
(2) The range of goods in our online store is aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby already objected to.
(4) The contract language is exclusively German.
(5) You can call up and print out the currently valid General Terms and Conditions on the website [specify link].
and print them out.
(6) We reserve the right to change the General Terms and Conditions at any time.
§ 2 Conclusion of contract
(1) The presentation of goods in the online store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store.
(2) By clicking the button ["Order now with obligation to pay"/ "Buy"] you make a binding offer to purchase (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.
(3) The contract is not concluded until the content is activated or a link is provided.
§ 3 Prices and price/service changes
(1) The prices stated on the product pages include the statutory value added tax and other price components.
(2) We reserve the right to change or discontinue the prices, performance and content of the products without prior notice.
(3) We are not liable for price and product changes, neither to you nor to third parties.
§ 4 Terms of payment; Default
(1) Payment can be made either by
credit card, Paypal or direct debit.
(2) The selection of the respective available payment methods is incumbent upon us. In particular, we reserve the right to offer you only selected payment methods for payment.
(3) When paying by credit card, the purchase price will be reserved on your credit card at the time of the order (authorization). The actual charge to your credit card account will occur at the time we ship the goods to you.
(4) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. You will receive further instructions during the order process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(5) In the case of payment by direct debit, you may have to bear the costs incurred as a result of a chargeback of a payment transaction due to lack of funds in the account or due to incorrect bank details provided by you.
(6) If you are in arrears with a payment, you shall be obliged to pay the statutory interest on arrears at a rate of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases.
§ 5 Offsetting/Right of Retention
(1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship with our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery
(1) Unless otherwise agreed, the delivery of the goods is made by providing a link. This link can be activated by you and starts the download to the storage medium selected by you.
(2) It is the customer's responsibility to provide suitable software that enables proper opening, editing and printing of the files and contents.
§ 7 Cancellation policy
In the event that you are a consumer in the sense of § 13 BGB (German Civil Code), i.e. if you make the purchase for purposes that can predominantly be attributed neither to your commercial nor to your independent professional activity, you have a right of revocation in accordance with the following provisions. Please read them carefully and completely (!).
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must send us
Name:
Address:
Email:
Phone:
Fax:
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. For this purpose, you may use the enclosed sample cancellation form, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us or to in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will 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 the condition, properties and functioning of the goods.
End of the cancellation policy
(1) The right of revocation does not exist in the case of
- delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer or
- in case of delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
(2) A right of withdrawal shall expire pursuant to Section 356 (5) of the German Civil Code (BGB) in the case of a contract for the supply of digital content not on a physical medium if the Entrepreneur has commenced performance of the contract after the Consumer has expressly consented to the Entrepreneur commencing performance of the contract prior to the expiry of the withdrawal period and has confirmed his knowledge that by giving his consent he loses his right of withdrawal upon commencement of performance of the contract
§ 10 Liability and exclusion of liability
(1) Unlimited liability: We shall be liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, body and health of persons.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of our vicarious agents.
§ 11 Copyright and rights of use
(1) All digital content provided by the Seller is protected by copyright.
(2) The customer acquires a temporally unlimited, simple, non-transferable right of use exclusively for non-commercial use. The customer is not granted any exploitation rights. In particular, he may not distribute the acquired titles either digitally or in printed form, in whole or in part (§ 17 UrhG), make them publicly accessible (§ 19a UrhG) or pass them on to third parties in any other form. The right of reproduction (§ 16 UrhG) is limited to acts of reproduction that are exclusively for the user's own use.
(3) The granting of the rights of use by the seller is subject to the condition precedent of full payment of the purchase price.
(4) The user is not entitled to remove copyright notices, trademarks or other legal reservations from the goods.
(5) The seller is entitled to individually personalize digital content made available for download with visible and invisible markings to enable the identification and legal prosecution of the original purchaser in the event of improper use.
(6) In the event of unauthorized use of the digital content by the purchaser or a third party, the purchaser undertakes to pay a contractual penalty per infringing act to be determined by us at our reasonable discretion and to be reviewed by the competent court in the event of a dispute.
§ 12 Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with your online order without the intervention of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/
We will endeavor to settle any disagreements arising from our contract amicably. Beyond that, we are not obligated to participate in any arbitration proceedings and unfortunately cannot offer you participation in such proceedings.
§ 13 Final provisions
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Status: March, 2024
Copyright:
The GTC are based on a sample from:
HÄRTING Rechtsanwälte, http://www.haerting.de, [email protected] Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4