Table of Contents
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Grant of Rights of Use for Digital Content
Grant of Rights of Use for Licence Keys
Term and Termination of Subscription Contracts
Retention of Title
Liability for Defects (Warranty)
Liability
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Applicable Law
Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Victoria Hilbrecht (hereinafter the “Seller”) apply to all contracts for the supply of goods concluded between a consumer or a business (hereinafter the “Customer”) and the Seller with respect to the goods presented by the Seller in the Seller’s online shop. The incorporation of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply mutatis mutandis to contracts for the supply of vouchers, insofar as nothing to the contrary is stipulated.
1.3 These GTC apply mutatis mutandis to contracts for the provision of digital content, insofar as nothing to the contrary is stipulated. “Digital content” within the meaning of these GTC means data that is produced and provided in digital form.
1.4 These GTC apply mutatis mutandis to contracts for the provision of licence keys, insofar as nothing to the contrary is stipulated. In such cases, the Seller owes the provision of a licence key for the use of the digital content or digital services described by the Seller (hereinafter “Digital Products”) as well as the grant of the contractually agreed rights to use the respective Digital Products. The Customer does not acquire any intellectual property in the Digital Product. The description of the Digital Product in the Seller’s product description is decisive for its characteristics.
1.5 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which predominantly are outside their trade, business or profession.
1.6 A business within the meaning of these GTC is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its trade or independent professional activity.
1.7 Depending on the Seller’s content description, the subject matter of the contract may be either a one-time provision of digital content or the regular provision of digital content (hereinafter a “Subscription Contract”). Under a Subscription Contract, the Seller undertakes to provide the Customer with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed intervals.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.
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 completing the electronic ordering process, the Customer submits a legally binding offer to conclude a contract for the goods contained in the shopping cart by clicking the button that concludes the order process. The Customer may also submit the offer to the Seller by e-mail or via the online contact form.
2.3 The Seller may accept the Customer’s offer within five days by
2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), under the PayPal Terms of Use available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the Customer does not have a PayPal account—under the terms for payments without a PayPal account available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button that concludes the order process.
2.5 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent their order. The Seller does not provide any further access to the contract text. If the Customer has created a user account in the Seller’s online shop before sending their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login data.
2.6 Before submitting the order bindingly via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries using the usual keyboard and mouse functions during the electronic ordering process until they click the button that concludes the order process.
2.7 Different languages are available for concluding the contract. The specific language options are displayed in the online shop.
2.8 Order processing and contacting generally take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all e-mails sent by the Seller or by third parties engaged by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal instructions.
3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
4) Prices and Payment Terms
4.1 Unless otherwise indicated in the Seller’s product description, the prices stated are total prices. No VAT is charged because the Seller is exempt from VAT as a small business. Any additional delivery and shipping costs that may be incurred are indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may, in individual cases, be incurred for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers through credit institutions (e.g. transfer fees, exchange rate charges) or import duties or taxes (e.g. customs duties). Such costs may also arise with respect to the money transfer even if 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 available payment method(s) will be communicated to the Customer in the Seller’s online shop.
4.4 If a payment method offered via the “PayPal” payment service is selected, payment processing is carried out via PayPal, which may in turn use the services of third-party payment service providers. If the Seller also offers, via PayPal, payment methods for which the Seller provides goods or services in advance to the Customer (e.g. purchase on account or instalment payment), the Seller assigns its payment claim to PayPal or to the payment service provider engaged by PayPal and specifically named to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider engaged by PayPal will carry out a credit check using the Customer data provided. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed intervals. In this case, the Customer may discharge the debt only by payment to PayPal or the payment service provider engaged by PayPal. However, even in the event of assignment, the Seller remains responsible for general customer enquiries, e.g. concerning the goods, delivery time, dispatch, returns, complaints, withdrawal declarations and returns, or credit notes.
4.5 If the payment method “Sofortüberweisung” is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (“Klarna”). To pay the invoice amount via “Sofortüberweisung”, the Customer must have an online banking account activated for participation in “Sofortüberweisung”, authenticate themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the Customer’s bank account is debited. Further information on the “Sofortüberweisung” payment method can be accessed at https://www.klarna.com/sofort/.
4.6 If a payment method offered via “Stripe” is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). The specific payment methods offered via Stripe will be communicated to the Customer in the Seller’s online shop. Stripe may use further payment services to process payments, to which separate payment terms may apply and of which the Customer will be notified separately if applicable. Further information on Stripe can be found at https://stripe.com/de.
4.7 If the “PayPal Direct Debit” payment method is selected, PayPal will, after a SEPA direct debit mandate has been granted and after expiry of the advance notice period, debit the invoice amount from the Customer’s bank account on behalf of the Seller. “Advance notice” is any communication (e.g. invoice, policy, contract) to the Customer announcing a debit via SEPA direct debit. If the direct debit is not honoured due to insufficient funds or incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer must bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this.
4.8 If the “Direct Debit via Stripe” payment method is selected, payment processing is carried out via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). In this case, Stripe will, after a SEPA direct debit mandate has been granted and after expiry of the advance notice period, debit the invoice amount from the Customer’s bank account on behalf of the Seller. “Advance notice” is any communication (e.g. invoice, policy, contract) to the Customer announcing a debit via SEPA direct debit. If the direct debit is not honoured due to insufficient funds or incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer must bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this. The Seller reserves the right, when the SEPA direct debit payment method is selected, to carry out a credit check and to refuse this payment method in the event of a negative result.
4.9 If the “Credit Card via Stripe” payment method is selected, the invoice amount becomes due immediately upon conclusion of the contract. Payment processing is carried out via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative result.
4.10 If a payment method offered via “Klarna” is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”). Further information and Klarna’s terms can be found here:
https://vhacademy.ezycourse.com/payment
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipment of the goods, delivery is made within the delivery area indicated by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address provided in the Seller’s order processing is decisive for the handling of the transaction.
5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of outbound shipping if the Customer effectively exercises their right of withdrawal. With regard to return shipping costs, the provisions in the Seller’s withdrawal instructions apply if the Customer effectively exercises the right of withdrawal.
5.3 If the Customer is a business, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to execute the shipment. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only upon delivery of the goods to the Customer or a person authorised to receive them. Notwithstanding the foregoing, in the case of consumers the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to execute the shipment, if the Customer has commissioned such person or institution to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
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 non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to obtain the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed without delay and any consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the Customer as follows:
5.7 Digital content is provided to the Customer as follows:
5.8 Licence keys are provided to the Customer as follows:
6) Grant of Rights of Use for Digital Content
6.1 Unless otherwise indicated in the content description in the Seller’s online shop, the Seller grants the Customer a non-exclusive, territorially and temporally unlimited right to use the provided content for private purposes only.
6.2 The transfer of 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 consented to the transfer of the contractual licence to the third party.
6.3 Insofar as the contract relates to a one-time provision of digital content, the grant of rights shall only become effective when the Customer has paid the remuneration owed in full. The Seller may permit use of the contractual content on a provisional basis before this time. Such provisional permission does not constitute a transfer of rights.
7) Grant of Rights of Use for Licence Keys
7.1 The licence key provided entitles the Customer to use the Digital Product evident from the Seller’s respective product description to the extent described therein.
7.2 Insofar as the licence key relates to a one-time provision of digital content, the grant of rights shall only become effective when the Customer has paid the remuneration owed in full.
8) Term and Termination of Subscription Contracts
8.1 Subscription Contracts are concluded for an indefinite term, but at least for the minimum term evident from the respective product description in the Seller’s online shop. The Subscription Contract may be terminated at any time with effect as of the end of the minimum term and, after expiry of the minimum term, at any time with a notice period of 14 days.
8.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or the expiry of a notice period.
8.3 Terminations may be made in writing, in text form (e.g. by e-mail), or in electronic form via the cancellation facility (cancellation button) provided by the Seller on its website.
9) Retention of Title
If the Seller performs in advance, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.
10) Liability for Defects (Warranty)
Unless otherwise provided below, the statutory provisions on liability for defects apply. By way of deviation, the following applies to contracts for the supply of goods:
10.1 If the Customer is a business,
10.2 The limitations of liability and reductions of periods set out above do not apply
10.3 In addition, for businesses, the statutory limitation periods for any statutory right of recourse remain unaffected.
10.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
10.5 If the Customer is a consumer, they are requested to complain to the carrier about goods delivered with obvious transport damage and to inform the Seller accordingly. Failure to do so has no effect on the Customer’s statutory or contractual claims for defects.
11) Liability
The Seller shall be liable to the Customer for damages and reimbursement of expenses under all contractual, quasi-contractual and statutory claims, including tort, as follows:
11.1 The Seller is liable, on any legal grounds, without limitation
11.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless liability is unlimited pursuant to the above clause. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Customer may regularly rely.
11.3 Otherwise, the Seller’s liability is excluded.
11.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
12) Redemption of Promotional Vouchers
12.1 Vouchers issued by the Seller free of charge as part of promotional campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can be redeemed only in the Seller’s online shop and only during the specified period.
12.2 Certain products may be excluded from the voucher promotion if such a restriction arises from the content of the Promotional Voucher.
12.3 Promotional Vouchers can be redeemed only before completing the ordering process. Subsequent offsetting is not possible.
12.4 Only one Promotional Voucher can be redeemed per order.
12.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.
12.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.
12.7 The balance of a Promotional Voucher will neither be paid out in cash nor bear interest.
12.8 The Promotional Voucher will not be refunded if the Customer returns goods paid for in whole or in part with the Promotional Voucher under their statutory right of withdrawal.
12.9 The Promotional Voucher is transferable. The Seller may render performance with debt-discharging effect to the respective holder who redeems the Promotional Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or, through gross negligence, is unaware of the lack of authorisation, incapacity to contract, or lack of power of representation of the respective holder.
13) Redemption of Gift Vouchers
13.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “Gift Vouchers”) can be redeemed only in the Seller’s online shop unless otherwise stated on the voucher.
13.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year in which the voucher was purchased. Remaining balances will be credited to the Customer until the expiry date.
13.3 Gift Vouchers can be redeemed only before completing the ordering process. Subsequent offsetting is not possible.
13.4 Only one Gift Voucher can be redeemed per order.
13.5 Gift Vouchers can be used only to purchase goods and not to purchase further Gift Vouchers.
13.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.
13.7 The balance of a Gift Voucher will neither be paid out in cash nor bear interest.
13.8 The Gift Voucher is transferable. The Seller may render performance with debt-discharging effect to the respective holder who redeems the Gift Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or, through gross negligence, is unaware of the lack of authorisation, incapacity to contract, or lack of power of representation of the respective holder.
14) Applicable Law
14.1 The law of the Federal Republic of Germany shall apply to all legal relationships of the parties, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection afforded is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
14.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.
15) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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