General terms and conditions
§1 Applicability and definitions of terms
(1) The following General Terms and Conditions shall apply in their currently valid version at the time of the order for all deliveries between us and a consumer.
According to § 13 BGB (German Civil Code), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
§2 Conclusion of a contract, storage of the contract text
The following regulations concerning the conclusion of a contract apply to orders placed via our webshop https://www.janinagold.com/.
(1) In the event of the conclusion of a contract, the contract shall be concluded with
Janina Gold
Brudermühlstr. 42
81371 Munich
Germany
Tel: +49 (0)15758293353
responsible.
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(2) The customer has the option to select products, in particular e-books, from the offer of the provider and to collect them in a virtual shopping cart by clicking the button "add to shopping cart". As soon as the customer clicks the button "order subject to payment", he submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer has the possibility to change and view the entered data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the button "Accept GTC" and has thus included them in his application.
(3) After the Customer has selected products from the Provider's range, including e-books, he can collect them in a virtual shopping cart by clicking on the button "add to cart". When the Customer is ready to place his order, he can do so by clicking on the button "order subject to payment". Before sending the order, the customer has the opportunity to change and view the data. However, the application to purchase the goods in the shopping cart can only be submitted if the customer accepts these terms and conditions by clicking on the button "accept terms and conditions" and thus includes them in his application.
Upon receipt of the customer's order, the provider automatically sends a confirmation of receipt by e-mail, in which the customer's order is listed again. The acknowledgement of receipt only confirms receipt of the Customer's order by the Provider and does not constitute acceptance of the application. The contract between the customer and the provider is not concluded until the provider issues the declaration of acceptance, which is sent in a separate e-mail (order confirmation). The text of the contract (order, GTC and order confirmation) will be sent to the customer by us on a durable medium (e-mail or hard copy), either in this e-mail or in a separate e-mail, but no later than upon delivery of the goods (contract confirmation). The text of the contract will be stored in compliance with data protection.
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(4) The contract shall be concluded in German.
(5) When purchasing a digital product (e.g. e-book), no physical goods (e.g. printed products) will be delivered by mail or shipping service provider.
(6) Our presentation of goods in our online store is not a binding contractual offer on our part, but merely a non-binding invitation to the consumer to order goods.
(7) When an order is received in our online store, the following provisions shall apply: The consumer makes a binding contractual offer by successfully going through the ordering process provided in our online store.
The order in our online store takes place as follows:
Selection of the desired goods
Confirmation by clicking on the "Order" button
Checking the information in the shopping cart
Clicking on the "Checkout" button
Logging into the Internet store with registration and entering the login information (e-mail address and password)
Checking and, if necessary, correction of the entered data
Binding submission of the order by clicking on the "Order with costs" or "Buy" button
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Before finally submitting the order, the consumer has the opportunity to check his information and, if necessary, to return by pressing the "Back" button of his Internet browser or to cancel the ordering process by closing the browser. Any input errors can be corrected in this way. We automatically confirm receipt of the order by e-mail (confirmation of receipt), but this confirmation does not constitute acceptance of the offer. The acceptance is made in writing, in text form or by sending the goods within a period of one week.
(8) If online delivery of the product (e.g. as an e-book) is not possible at the time of the Customer's order, the Provider shall inform the Customer of this immediately in the order confirmation. If the product is permanently not available, the provider will refrain from a declaration of acceptance, whereby no contract is concluded.
(9) Should the product specified by the Customer in the order be temporarily unavailable, the Provider shall inform the Customer of this immediately in the order confirmation.
(10) After orders in our online store, we save the text of the contract and send you the order data and our General Terms and Conditions (GTC) by e-mail. You can also view the GTC at any time at http://www.janinagold/agb. For security reasons, your order data can no longer be accessed via the Internet.
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§ 3 Prices and shipping costs, provision for download
(1) The prices stated on the website of the Provider include the applicable statutory trade tax.
(2) If the Customer purchases digital goods, the Provider shall make them available by means of a download.
§ 4 Payment modalities
The customer has the option to make his payment by direct debit via Stripe, credit card or Paypal.
The customer can change the payment method stored in his user account at any time.
The goods will be shipped or made available for download only after full payment.
Payment of the purchase price is due immediately upon conclusion of the contract. If the due date is determined by the calendar, the customer is automatically in default by missing the deadline. In this case, he is obliged to pay the provider interest on arrears at a rate of 5 percentage points above the prime rate for the year.
The Customer's obligation to pay default interest does not preclude the Provider from claiming further damages for default.
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§ 5 Copyright
(1) The customer does not acquire ownership of digital content, but receives a simple, non-transferable right of use to use the digital content offered exclusively for personal use in the manner offered in each case.
(2) The Customer may download the purchased digital content once and use it exclusively for personal use as well as copy it to his own end devices. The Customer is not permitted to change the content or editorial content of the digital content, to copy it for third parties, to make it publicly accessible, to distribute it on the Internet or in other networks, whether for a fee or free of charge, to reproduce it, to print it, to resell it or to use it for commercial purposes.
(3) The Provider provides the option to re-download digital content on a voluntary basis. The provider reserves the right to temporarily or permanently change, interrupt or terminate the possibility to download. In addition, the provider is entitled to delete individual digital contents from the customer account if there is an important reason for doing so, for example in the case of disputes about infringements of rights. Digital content that has already been downloaded by the customer and is stored on the customer's own storage location is excluded from the deletion.
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§ 6 Warranty for material defects, guarantee
(1) The Supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB, for material defects. The warranty period for delivered goods is 12 months if the customer is an entrepreneur.
(2) An additional warranty for the goods delivered by the Provider only exists if this was explicitly stated in the order confirmation for the respective item.
(3) When purchasing digital content, the provider or manufacturer will provide the customer with updates, if necessary, to ensure the security and functionality of the goods. The customer is obliged to install such updates.
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§ 7 Liability
(1) Claims for damages by the customer are excluded, except in cases of injury to life, body, health or essential contractual obligations (cardinal obligations), as well as in cases of intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract, provided that the Provider acted with simple negligence, unless it concerns claims for damages due to injury to life, body or health.
(3) The limitations of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
(4) The limitations of liability from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the condition of the item. The same applies if the provider and the customer have reached an agreement on the condition of the item. The provisions of the Product Liability Act remain unaffected.
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§ 8 Final provisions
(1) We do not participate in arbitration proceedings before a consumer arbitration board in accordance with the Consumer Dispute Settlement Act.
(2) Contracts between the Provider and the Customer shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, shall remain unaffected.
(3) Should individual provisions of the contract be legally invalid, the remainder of the contract shall continue to be valid. The invalid clauses shall be replaced by the statutory provisions, if any.