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1.1These general terms and conditions (hereinafter "GTC") of Ronny Herrmann and Susanne Meixner GbR (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with respect to the Seller completes goods displayed in his online shop. We hereby object to the inclusion of the customer's own terms, unless otherwise agreed.
1.2For contracts for the delivery of digital content, these terms and conditions apply accordingly, unless otherwise expressly regulated.
1.3Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
1.4Digital content within the meaning of these terms and conditions are all data not on a physical data medium, which are produced in digital form and provided by the seller under granting of certain rights of use regulated in these terms and conditions.
2.1The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by phone or e-mail.
2.3The seller can accept the offer of the customer within five days,
Where several of the above alternatives are present, the contract shall come into force at the time when one of the above alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer and ends with the expiry of the fifth day following the submission of the offer. If the seller does not accept the offer of the customer within the aforementioned deadline, this shall be deemed a rejection of the offer with the result that the customer is no longer bound to his consent.
2.5If you choose the Amazon Payments payment method, you will pay through the Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon") under the terms of the Amazon Payments Europe User Agreement, available at https : //payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as a payment method in the online order process, he also issues a payment order to Amazon by clicking on the button that concludes the order process. In this case, the seller already declares the acceptance of the offer of the customer at the time in which the customer triggers the payment process by clicking the button concluding the order process.
2.6When submitting an offer via the online order form of the seller, the contract text will be stored by the seller after conclusion of the contract and sent to the customer after sending his order in text form (eg e-mail, fax or letter). Any further provision of the contract by the seller does not take place. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be retrieved by the customer via his password-protected user account with the corresponding login details.
2.7Before the order is placed on the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can thereby be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.8For the conclusion of the contract the German and the English language are available.
2.9The order processing and contacting take place usually by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3.1Consumers are in principle entitled to a right of withdrawal.
3.2Further information on the right of revocation result from the cancellation policy of the seller.
4.1Unless otherwise stated in the seller's product description, the prices quoted are total prices. Sales tax is not reported because the seller is a small business owner in the sense of the UStG. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
4.2In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (eg transfer fees, exchange rate charges) or import duties or taxes (eg customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3The payment option (s) will be communicated to the customer in the online shop of the seller.
4.4If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.6If the payment method "IMMEDIATELY" is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 München (hereinafter "IMMEDIATELY"). In order to be able to pay the invoice amount "IMMEDIATELY", the customer must have an online banking account enabled to participate in "IMMEDIATELY", legitimize himself during the payment process and confirm the payment order to "IMMEDIATE". The payment transaction will be carried out immediately after "IMMEDIATE" and the customer's bank account will be debited. Further information about the "IMMEDIATE" payment method can be found on the internet at https://www.klarna.com/sofort/.
4.7If you choose a payment method offered by the payment service "Shopify Payments", the payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. Stripe can use other payment services to process payments, to which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com/legal/terms-payments-de.
4.8When selecting a payment method offered via the payment service "Klarna", payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). For more information and the conditions of Klarna this can be found in the payment information of the seller, which can be viewed at the following Internet address:
5.1The delivery of goods is made by mail to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the provisions in the seller's cancellation policy.
5.3Pickup is not possible for logistical reasons.
5.4Digital content is provided to the customer exclusively in electronic form as follows:
6.1Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer the non-exclusive, local and temporally unlimited right to use the content provided for private purposes only.
6.2A transfer of the content to third parties or the production of copies for third parties outside the scope of these terms and conditions is not permitted, unless the seller has consented to a transfer of the contractual license to the third party.
6.3The granting of rights shall not take effect until the customer has fully paid the contractually owed remuneration. The seller may allow the use of the contractual content even before this time provisionally. A transfer of rights does not take place through such provisional permission.
If the seller is in advance, he retains title to the delivered goods until full payment of the purchase price owed.
8.1If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
8.2The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
9.1If, according to the content of the contract, the seller owes the processing of the goods in accordance with certain specifications of the customer in addition to the delivery of the goods, the customer has to the seller all the content required for processing such as text, images or graphics in the file formats, formats, and to provide file sizes and to grant him the necessary usage rights. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for the right to use the content provided to the seller. In particular, he ensures that no third-party rights are infringed, in particular copyrights, trademarks and personal rights.
9.2The customer indemnifies the seller against claims of third parties which they may assert against the seller in connection with a breach of their rights as a result of the contractual use of the contents of the customer by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and legal fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obligated to immediately, truthfully and completely provide the seller with all information necessary for the examination of the claims and a defense.
9.3The seller reserves the right to refuse processing orders if the content provided by the customer violates statutory or official prohibitions or morality. This applies in particular to the release of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-threatening and / or violence-glorifying content.
For all legal relations of the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
11.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of entry for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.