Terms of Service

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1. General

1.1 These General Terms and Conditions (GTC) contain the terms between us, Anna-Sophie Kästner Im Lindenhof 26 10365 Berlin, Germany (hereinafter "Seller"  and a consumer or entrepreneur (hereinafter "Customer"). exclusively applicable conditions for the purchase of the offered goods and services, insofar as these are not modified by written agreements between the parties.

A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions 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.

1.2. The customer will be notified of changes to these terms and conditions in writing, by fax or by email. If the customer does not object to this change within four weeks after receipt of the notification, the changes are deemed to have been accepted by the customer.

 

2. Conclusion of contract

2.1. The presentation of the goods and services offered does not constitute a binding offer by the seller. Only when the customer orders goods or services does a binding offer constitute a binding offer according to § 145 BGB. If the seller accepts the purchase offer, he sends the customer an Order confirmation by email.

2.2. After submitting the offer and successfully completing the order, the customer receives a purchase confirmation by e-mail with the relevant data. The customer ensures that the e-mail address entered by him is correct.

2.3. During the ordering process, the customer has the opportunity to correct the entries made. Before completing the ordering process, the customer receives a summary of all order details and is given the opportunity to check his details.

2.4. The final contract is in German.

2.5. The seller will contact the customer by email.

2.6. In the case of digital goods, the seller grants the customer a non-exclusive right, unlimited in terms of location and time, to use the digital content provided for private and business purposes. Passing on the content to third parties, as well as duplication for third parties, is not permitted unless permission has been granted by the seller.

3. Terms of Payment

3.1. The purchase price is due immediately upon ordering. The goods are paid for using the payment methods provided.

3.2. The prices stated at the time of the order apply. The prices stated in the price information include statutory sales tax.

3.3. The customer can only offset against claims of the seller with counterclaims that are undisputed or have been legally established or are ready for a decision.

 

4. Shipping Terms

4.1. The ordered goods are shipped in accordance with the agreements made. Any shipping costs incurred are listed in the product description and are shown separately on the invoice.

4.2. Digital goods are made available to the customer in electronic form either as a download or by e-mail.

 

5. Right of Withdrawal

If a customer acts as a consumer in accordance with Section 13 of the German Civil Code (Bürgerliches Gesetzbuch - BGB), he is generally entitled to a statutory right of withdrawal. If a customer acts as an entrepreneur according to §14 BGB in the exercise of his commercial or self-employed professional activity, he is not entitled to a statutory right of withdrawal. Further information on the right of withdrawal can be found in the cancellation policy on the payment page of the product.

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6. Warranty

If the delivered goods are defective, the customer is entitled within the scope of the statutory provisions to demand supplementary performance, to withdraw from the contract or to terminate the contract, to reduce the purchase price, to demand compensation for damages or the reimbursement of futile expenses. Defects reported before purchase do not constitute a warranty case. The limitation period for warranty claims for the delivered goods is two years from receipt of the goods.

 

7. Limitation of Liability

8.1. The seller is liable for intent and gross negligence. Furthermore, the seller is liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which a customer regularly relies. In the latter case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.

8.2. The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under product liability law remains unaffected.

8.3. According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the seller is not liable for the constant and uninterrupted availability of the online trading system and the online offers.

8.4. The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr. We do not take part in a dispute settlement procedure before a consumer arbitration board.

 

9. Final Provisions

9.1. Changes or additions to these terms and conditions in writing. This also applies to the cancellation of this written form requirement.

9.2. The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. Mandatory provisions of the state in which a consumer has his habitual residence remain unaffected.

9.3. If a consumer had his domicile or habitual residence in Germany when the contract was concluded and either relocated at the time the action was filed or his whereabouts are unknown at this time, the place of jurisdiction for all disputes is the seller's place of business.

If a consumer does not have his domicile or habitual residence in a member state of the European Union, the courts at the place of business of the seller shall have exclusive jurisdiction for all disputes.

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller.

9.4. Should individual provisions of this contract be ineffective or contradict the legal regulations, the rest of the contract will not be affected. The ineffective provision will be mutually replaced by the contracting parties with a legally effective provision which comes as close as possible to the economic meaning and purpose of the ineffective provision. The above provision applies in case of loopholes accordingly.