General Terms and Conditions (GTC)

General Terms and Conditions (GTC)

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Conditions
  5. Delivery and Shipping Conditions
  6. Granting of Usage Rights for Digital Content
  7. Contract Duration and Termination for Subscription Contracts
  8. Retention of Title
  9. Liability for Defects (Warranty)
  10. Liability
  11. Applicable Law
  12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Julia Behrens, acting under “Julia Behrens” (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as “Customer”) and the Seller regarding the goods displayed by the Seller in their online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC also apply accordingly to contracts for the provision of digital content, unless otherwise regulated. Digital content within the meaning of these GTC refers to data created and provided in digital form.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are not attributable to their commercial or self-employed professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.

1.5 The subject of the contract may be either a one-time provision of digital content or the regular provision of digital content (hereinafter referred to as a “Subscription Contract”), depending on the Seller’s content description. In the case of a Subscription Contract, the Seller is obliged to provide the contractually agreed digital content at the contractually agreed time intervals for the agreed contract duration.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers from the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods in the shopping cart by clicking the button that completes the order process.

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 email), in which case the receipt of the order confirmation by the Customer is decisive, or
  • Delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
  • Requesting payment from the Customer after the order has been placed. If multiple of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting 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 offer submission. If the Seller does not accept the Customer’s offer within this period, this is considered a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment processing takes place via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), under the terms of PayPal’s user agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If the Customer does not have a PayPal account, the terms for payments without a PayPal account apply, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a PayPal-offered payment method in the online order process, the Seller declares acceptance of the Customer’s offer at the moment the Customer clicks the button completing the order process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after their order has been placed. Any further provision of the contract text by the Seller does not take place. If the Customer has created a user account in the Seller’s online shop before submitting their order, the order data is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login data.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. A technical means to better recognize input errors may be the browser’s zoom function, which enlarges 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 completes the order process.

2.7 The contract is concluded exclusively in German.

2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller to process the order can be delivered if using spam filters.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 More detailed information on the right of withdrawal can be found in the Seller’s withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of contract conclusion, are not residents of a member state of the European Union and whose sole residence and delivery address at the time of contract conclusion are outside the European Union.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the product description of the Seller, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs that may apply are specified separately in the respective product description.

4.2 The payment options available to the Customer are communicated in the Seller’s online shop.

4.3 If the Customer selects a payment method offered via the payment service provider “Stripe,” payment processing takes place through Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe are communicated to the Customer in the Seller’s online shop. Stripe may use other payment services to process payments, which may be subject to special payment terms, which the Customer will be informed of separately. Further information on Stripe can be found online at https://stripe.com/de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers the shipment of goods, delivery is made within the Seller’s specified delivery area to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive.

5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller. This does not apply to the shipping costs if the Customer effectively exercises their right of withdrawal. Regarding return shipping costs, the Seller’s withdrawal policy applies.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed over the goods to the carrier, freight forwarder, or other designated party responsible for the shipment. If the Customer is a consumer, the risk generally transfers to the Customer upon receipt of the goods. However, if the Customer has commissioned the carrier themselves and the Seller has not named this carrier in advance, the risk transfers to the Customer upon dispatch.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the Seller is not responsible for the non-delivery and has exercised due diligence in concluding a covering transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. If unavailable or only partially available, the Customer will be informed immediately, and the consideration refunded promptly.

5.5 Self-collection is not possible for logistical reasons.

5.6 Digital content will be provided to the Customer as follows:

  • Via direct access on the Seller’s website
  • Via download
  • Via email

6) Granting of Usage Rights for Digital Content

6.1 Unless otherwise stated in the Seller’s product description, the Seller grants the Customer a non-exclusive, unlimited right to use the provided digital content for private purposes.

6.2 The transfer of digital content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the Seller has explicitly agreed to a transfer of the contractual license to a third party.

6.3 If the contract relates to a one-time provision of digital content, the granting of rights becomes effective only once the Customer has fully paid the agreed fee. The Seller may allow the use of digital content before this time at their discretion. However, this preliminary permission does not result in a transfer of rights.

7) Contract Duration and Termination for Subscription Contracts

7.1 The right to extraordinary termination for good cause remains unaffected. A good cause exists if, considering all circumstances of the individual case and weighing the interests of both parties, continuation of the contractual relationship until the agreed termination or expiry of a notice period is unreasonable for the terminating party.

7.2 Terminations may be made in writing, in text form (e.g., via email), or electronically via the Seller’s online termination function (cancellation button).

8) Retention of Title

If the Seller provides advance performance, they retain ownership of the delivered goods until the purchase price has been paid in full.

9) Liability for Defects (Warranty)

9.1 Unless otherwise stated in the following provisions, statutory regulations regarding liability for defects apply. Differing provisions apply to contracts for the delivery of goods:

9.2 If the Customer is an entrepreneur:

  • The Seller has the choice of the type of supplementary performance.
  • The limitation period for defects in new goods is one year from delivery.
  • Claims for defects in used goods are excluded.
  • The limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

9.3 The above limitations and shortening of time limits do not apply:

  • To claims for damages and reimbursement of expenses by the Customer,
  • If the Seller has fraudulently concealed the defect,
  • To goods used according to their customary use for a building and have caused its defectiveness,
  • For any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

9.4 For entrepreneurs, statutory limitation periods for any legal right of recourse remain unaffected.

9.5 If the Customer is a merchant as defined by § 1 HGB, they are subject to the commercial duty to inspect and give notice of defects according to § 377 HGB. If the Customer fails to comply with these obligations, the goods are deemed approved.

9.6 If the Customer is a consumer, they are requested to check delivered goods with obvious transport damages upon receipt and report such damages to the Seller. Failure to do so does not affect their statutory or contractual warranty claims.

10) Liability

10.1 The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

10.2 The Seller is fully liable:

  • In cases of intent or gross negligence,
  • For damages resulting from injury to life, body, or health,
  • In accordance with a guarantee promise, unless otherwise regulated,
  • Based on mandatory liability, such as under the Product Liability Act.

10.3 If the Seller negligently breaches a fundamental contractual obligation, liability is limited to foreseeable, contract-typical damage, unless unlimited liability applies according to the preceding clause. Essential contractual obligations are those obligations that the contract imposes on the Seller according to its content, the fulfillment of which is essential for the proper execution of the contract and on which the Customer may regularly rely.

10.4 Otherwise, the Seller’s liability is excluded.

10.5 The above liability provisions also apply to the Seller’s legal representatives and vicarious agents.

11) Applicable Law

11.1 The legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

11.2 Furthermore, this choice of law does not apply concerning the statutory right of withdrawal for consumers who, at the time of contract conclusion, do not belong to a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of contract conclusion.

11.3 In case of any discrepancies between the English and German versions of these General Terms and Conditions, the German version shall prevail. Only the German version is legally binding.

12) Alternative Dispute Resolution

12.1 The EU Commission provides an online dispute resolution platform on the internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.