Table of Contents
- Prices and terms of payment
- Terms of delivery and shipping
- Granting of rights of use for digital content
- Liability for defects (guarantee)
- Special conditions for the processing of goods according to certain specifications of the customer
- Applicable law
- Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter referred to as “Terms”) of Hannah Stützer (hereinafter referred to as “Seller”) apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter “Customer”) has with respect to the seller in his online shop. This is contrary to the inclusion of the customer’s own terms and conditions, unless otherwise agreed.
1.2 These GtC apply accordingly to contracts for the delivery of digital content, unless otherwise expressly stipulated in this respect.
1.3 For the purposes of these GtC, a consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal status that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.4 Digital content within the meaning of these GtC means all data not on a physical medium, which are produced in digital form and provided by the Seller with the granting of certain rights of use more precisely regulated in these GTC.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers on the part of the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer enters a legally binding contract offer with respect to the basket of contained goods. In addition, the customer can also submit the offer to the seller by telephone, by e-mail or via an online contact form.
2.3 The Seller may accept the Customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in so far as the customer’s receipt of the order confirmation is decisive, or
- by supplying the ordered goods to the customer, whereby the receipt of the goods with the customer is decisive in so far, or
- by requesting the customer to pay after placing his order.
If there are several of the above alternatives, the contract shall be concluded at the time when one of the above-mentioned alternatives first occurs. The deadline for acceptance of the offer begins to run on the day after the customer submits the offer and ends with the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the Seller’s online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after sending the customer’s order. Any further making available of the contract text by the seller shall not take place. If the customer has set up a user account in the seller’s online shop before sending his order, the order data will be archived on the Seller’s website and can be accessed by the Customer via his password-protected user account, stating the corresponding login data can be accessed free of charge.
2.6 Before placing the order via the seller’s online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, which increases the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Orders processing and contacting are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing 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 e-mails sent by the seller or by the seller for order processing can be delivered.
3) Right of withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be obtained from the Seller’s revocation instructions.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices. VAT is not shown because the seller is a small business owner within the meaning of the UStG. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 In 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 are to be borne by the customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds 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.
4.3 The payment option/will be communicated to the customer in the seller’s online shop.
4.4 If the payment method “SOFORT” is selected, payment processing takes place via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account activated for participation in “SOFORT”, legitimize himself during the payment process and confirm the payment order to “SOFORT”. The payment transaction is carried out immediately afterwards by “SOFORT” and the customer’s bank account is debited. Further information on the payment method “SOFORT” can be found on the Internet at https://www.klarna.com/sofort/.
4.5 If you select the payment method “PayPal Direct Debit”, PayPal will withdraw the invoice amount from the customer’s bank account after issuing a SEPA direct debit mandate, but not before the deadline for prior information on behalf of the seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a charge by means of SEPA direct debit. If the direct debit is not redeemed due to insufficient account coverage or due to the indication of an incorrect bank account, or if the customer objects to the debit, even though he is not entitled to do so, the customer shall bear the fees incurred by the chargeback of the respective credit institution, if he is responsible for this.
4.6If the payment method direct debit is selected via Stripe, payment is processed through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (‘Stripe’). In this case, Stripe shall receive the invoice amount from the Customer’s bank account after issuing a SEPA direct debit mandate, but not before the expiry of the pre-information period on behalf of the Seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer that announces a debit by SEPA direct debit. If the direct debit is not redeemed due to insufficient account coverage or due to the provision of an incorrect bank details, or if the customer objects to the debit, even though he is not entitled to do so, the customer has the right to charge the respective to the credit institution if it is responsible for this. The seller reserves the right to carry out a credit check when selecting the Payment Method SEPA Direct Debit and to reject this payment method in the event of a negative credit check.
4.7If you select the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (‘Stripe’). Stripe reserves the right to perform a credit check and reject this payment method in the event of a negative credit check.
4.8 If a payment method is selected through the payment service “Klarna”, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms and conditions can be found in the Seller’s payment information, which can be viewed at the following Internet address:
5) Terms of delivery and shipping
5.1 The delivery of goods shall be made by way of dispatch to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of the dispatch if the customer effectively exercises his right of withdrawal. In the event of effective exercise of the right of withdrawal by the customer, the return costs shall be governed by the regulation made in the seller’s revocation instruction.
5.3 Self-collection is not possible for logistical reasons.
5.4 Digital content is provided to the customer exclusively in electronic form as follows:
– by download
6) Granting of rights of use for digital content
6.1 Unless 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 exclusively for private purposes.
6.2 A transfer of the contents to third parties or the production of copies for third parties outside the scope of these GTC is not permitted, unless the seller has agreed to a transfer of the license in the contract to the third party.
6.3 The granting of rights shall only take effect once the customer has paid the contractually owed remuneration in full. The Seller may also provisionally permit the use of the contractual content before this date. Such a transitional right does not take place.
7) Retention of title
If the Seller enters into advance payment, he reserves the title to the delivered goods until full payment of the purchase price owed.
8) Liability for defects (guarantee)
8.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.
8.2 The customer is requested to complain to the delivery company about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
9) Special conditions for the processing of goods according to certain requirements of the customer
9.1If, according to the content of the contract, the seller owes not only the delivery of the goods but also the processing of the goods according to certain specifications of the customer, the customer must provide the seller with all the content required for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller, and shall grant him the necessary rights of use for this purpose. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for the fact that he has the right to use the content provided to the seller. In particular, it shall ensure that no rights of third parties are infringed as a sign of this, in particular copyright, trademark and personality rights.
9.2 The customer informs the seller of claims of third parties, which they can assert against them in connection with a violation of their rights by 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 legal and legal fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. The customer is obligated to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense in the event of a claim by third parties.
9.3 The Seller reserves the right to refuse processing orders if the contents provided by the Customer violate legal or official prohibitions or morality. This applies in particular to the release of content that is hostile to the constitution, racist, xenophobic, discriminatory, offensive, harmful to young people and/or glorifying violence.
10) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relations between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded is not deprived by mandatory provisions of the law of the country in which the consumer is habitually resident.
11) Alternative Dispute Resolution
11.1 The European 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 contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.