General Terms and Conditions of Contract within the framework of purchase contracts concluded via the azoo platform between MissViscid Designs – Lena Krause - hereinafter referred to as "Supplier" - and its customers - hereinafter referred to as "Customer".
§ 1 Scope of application, definitions
(1) The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between the web shop provider (hereinafter "Provider") and the customer (hereinafter "Customer"). Deviating general terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural person or legal entity or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.
§ 2 Conclusion of contract
(1) The customer can select products, in particular e-books, from the provider's range and collect them in a so-called shopping basket by clicking on the button "add to shopping basket". By clicking on the button "order subject to payment", the customer submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the button "Accept GTC" and has thereby included them in his application.
(2) The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Provider has received the Customer's order and does not constitute acceptance of the application. The contract is not concluded until the Provider issues the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) shall be sent by us to the customer on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection laws.
(3) The contract shall be concluded in German.
§ 3 Delivery, availability of goods
(1) Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in our online shop, it shall be 1 days.
(2) If online delivery is not possible at the time of the customer's order (e.g. as an e-book), the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently not available, the Provider shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(3) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.
§ 4 Prices and shipping costs, provision for download
(1) All prices stated on the website of the Provider are inclusive of the applicable statutory value added tax.
(2) When purchasing digital goods, the Supplier shall make the goods available to the Customer by download via the Customer's user account.
§ 5 Payment modalities
(1) The customer can pay by direct debit, credit card, cash on delivery or on account.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the supplier interest on arrears for the year at a rate of 5 percentage points above the base interest rate.
(4) The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages caused by arrears by the supplier.
§ 6 Copyright
(1) The customer does not acquire ownership of digital content, but rather the simple, non-transferable right of use to use the digital content offered for exclusively personal use in the manner offered in each case.
(2) The customer is entitled to download the purchased digital content once, to use it exclusively for personal use and to copy it to his own end devices. The customer is not permitted to change the content or editorial content of digital content, to copy it for third parties, to make it publicly accessible, to post it on the Internet or in other networks, whether for a fee or free of charge, to imitate it, to print it, to resell it or to use it for commercial purposes.
(3) The option to re-download digital content by the provider is voluntary. The provider is entitled to temporarily or permanently change, interrupt or completely discontinue the download option at any time. In addition, the provider is entitled to delete individual digital contents from the customer account if there is an important reason for doing so. This is the case, for example, in the event of disputes about possible infringements of rights. Digital content that has already been downloaded to the customer's own storage location is excluded from the possibility of deletion.
§ 7 Warranty for material defects, guarantee
(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
(2) An additional guarantee exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective item.
(3) When purchasing digital content, updates are regularly provided to the user by the provider or the manufacturer. Users are obliged to install updates that affect the security and functionality of the goods.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
§ 9 Final provisions
(1) We do not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.
(2) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers, 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 has his habitual residence as a consumer, shall remain unaffected.
(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider's registered office.
(4) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract shall, however, become ineffective as a whole.