Terms and Conditions
GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
Table of contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Provision of Content
- Granting of Usage Rights
- Liability for Defects
- Applicable Law
- Code of Conduct
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Ilka Matthiessen, trading as “erbsuende” (hereinafter referred to as the “Entrepreneur”), apply to all contracts for the provision of data created and provided in digital format (digital content) concluded by a consumer or entrepreneur (hereinafter the “Customer”) with the Entrepreneur regarding the digital content described by the Entrepreneur in their online shop. The inclusion of the Customer’s own terms is hereby objected to, unless otherwise agreed upon.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
2) Conclusion of Contract
2.1 The content described in the Entrepreneur’s online shop does not constitute a binding offer by the Entrepreneur, but is intended to constitute a binding offer by the Customer.
2.2 The Customer can submit the offer through the online order form integrated into the Entrepreneur’s online shop. In doing so, the Customer, after placing the selected content in the virtual shopping cart and completing the electronic order process, submits a legally binding contract offer with regard to the content contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Entrepreneur can accept the Customer’s offer within five days,
- by sending the Customer a written order confirmation or a confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
- by providing the Customer with the ordered content, or
- by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Entrepreneur does not accept the Customer’s offer within the aforementioned period, this shall be deemed as a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 When selecting one of the payment methods offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms and conditions, which can be viewed at https://www.paypal.com
2.5 When making an offer through the Entrepreneur’s online order form, the contract text is stored by the Entrepreneur after the conclusion of the contract and is sent to the Customer in written form (e.g., email, fax, or letter) after the Customer’s order has been submitted. Beyond this, the Entrepreneur does not provide further access to the contract text. If the Customer has set up a user account on the Entrepreneur’s online shop before submitting their order, the order data will be archived on the Entrepreneur’s website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login details.
2.6 Before submitting the order via the Entrepreneur’s online order form, the Customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors can be the browser’s zoom function, which allows for enlarging the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 Both the German and English languages are available for concluding the contract.
2.8 Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate, so that emails sent by the Entrepreneur can be received at this address. In particular, the Customer must ensure that when using spam filters, all emails sent by the Entrepreneur or by third parties commissioned by the Entrepreneur for order processing can be delivered.
3) Right of Withdrawal
Consumers generally have a right of withdrawal. Further information regarding the right of withdrawal can be found in the Entrepreneur’s cancellation policy.
4) Prices and Payment Conditions
4.1 The prices stated by the Entrepreneur are total prices and include the applicable value-added tax.
4.2 For payments in countries outside the European Union, additional costs may arise in individual cases, which are not the responsibility of the Entrepreneur and must be borne by the Customer. These may include, for example, costs for money transfers by financial institutions (e.g., transfer fees, currency exchange fees).
4.3 The payment options are specified in the Entrepreneur’s online shop.
4.4 If advance payment by bank transfer has been agreed upon, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
5) Provision of Content
Digital content is provided to the Customer as follows:
– by download
6) Granting of Usage Rights
6.1 Unless otherwise stated in the content description in the Entrepreneur’s online shop, the Entrepreneur grants the Customer a non-exclusive, unrestricted, and perpetual right to use the provided content for both private and commercial purposes.
6.2 Passing on the content to third parties or creating copies for third parties outside the scope of these GTC is not permitted, unless the Entrepreneur has agreed to transfer the contract-related license to the third party.
6.3 If the contract relates to the one-time provision of digital content, the granting of rights only becomes effective once the Customer has fully paid the contractually owed remuneration. The Entrepreneur may also grant provisional permission for the use of the content subject to the contract prior to this point in time. Such provisional permission does not constitute a transfer of rights.
7) Liability for Defects
Statutory liability for defects applies.
8) Applicable Law
For all legal relationships between the parties, the laws of the Federal Republic of Germany apply, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
9) Code of Conduct
The Entrepreneur has subjected themselves to the following Code of Conduct:
– The Entrepreneur has subjected themselves to the Trusted Shops quality criteria, which can be viewed on the internet at www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf.
10) Alternative Dispute Resolution
10.1 The European Commission provides a platform for online dispute resolution, which can be accessed at the following link: https://ec.europa.eu
This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The Entrepreneur is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.