General terms and conditions with customer information

Table of contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Granting of rights of use for digital content
7. Retention of title
8. Liability for defects (warranty)
9. Special conditions for the processing of goods according to specific customer specifications
10. Redemption of promotional vouchers
11. Redemption of gift vouchers
12. Applicable law
13. Alternative dispute resolution

1) Scope of application

1.1These General Terms and Conditions (hereinafter referred to as “GTC”) of the company Anke Nellen (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online store. The inclusion of the customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of digital content, unless expressly agreed otherwise.

1.3 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.

1.4A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

1.5Digital content within the meaning of these GTC is all data that is not on a physical data carrier, which is produced in digital form and provided by the seller by granting certain rights of use regulated in more detail in these GTC.

2) Conclusion of contract

2.1 The product descriptions contained in the seller’s online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2The customer can submit the offer via the online order form integrated into the seller’s online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3The 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
• by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. 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 sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4If a payment method offered by PayPal is selected, payment shall be processed via 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 of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer’s offer at the time the customer clicks the button concluding the ordering process.

2.5When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer’s order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller’s online store before sending his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.

2.6Before 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. An effective technical tool for better recognition of input errors can be the browser’s magnification function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1Consumers are generally entitled to a right of withdrawal.

3.2Further information on the right of withdrawal can be found in the seller’s withdrawal policy.

4) Prices and terms of payment

4.1Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the 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 payment option(s) will be communicated to the customer in the seller’s online store.

4.4If the payment method “PayPal Direct Debit” is selected, PayPal will collect the invoice amount from the customer’s bank account after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information on behalf of the seller has expired. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer that announces a debit by SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this.

5) Delivery and shipping conditions

5.1The delivery of goods shall be made by dispatch to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller’s order processing is decisive for the processing of the transaction. Notwithstanding this, if the payment method PayPal is selected, the delivery address stored by the customer with PayPal at the time of payment shall be decisive.

5.2If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of withdrawal, the provision in the seller’s withdrawal policy shall apply to the return costs.

5.3The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

5.4Self-collection is not possible for logistical reasons.

5.5Digital content is provided to the customer exclusively in electronic form as follows:

– via download

5.6Vouchers are provided to the customer as follows:

– via download

6) Granting of rights of use for digital content

6.1Unless otherwise stated in the content description in the seller’s online store, the seller grants the customer the non-exclusive right to use the content provided for private purposes only, without restriction in terms of location or time.

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 license to the third party.

6.3 The granting of rights shall only become effective once the customer has paid the contractually owed remuneration in full. The seller may provisionally permit the use of the contractual content even before this time. A transfer of rights does not take place as a result of such provisional permission.

7) Retention of title

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

8.1If the purchased item is defective, the provisions of statutory liability for defects shall apply.

8.2If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.

9) Special conditions for the processing of goods according to specific customer specifications

9.1If, according to the content of the contract, the seller is also responsible for processing the goods according to the customer’s specifications in addition to delivering the goods, the customer must provide the seller with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller and grant the seller the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for the fact that he has the right to use the content provided to the seller. In particular, he shall ensure that no third-party rights are infringed, especially copyrights, trademark rights and personal rights.

9.2The customer shall indemnify the seller against claims by third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer’s content by the seller. The customer shall also assume the reasonable costs of the necessary legal defense, including all court and attorney’s fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.

9.3The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

10) Redemption of promotional vouchers

10.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online store and only during the specified period.

10.2Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

10.3Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

10.4Only one promotional voucher can be redeemed per order.

10.5The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

10.6If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

10.7The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

10.8The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.

10.9The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller’s online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

11) Redemption of gift vouchers

11.1Vouchers that can be purchased via the seller’s online store (hereinafter referred to as “gift vouchers”) can only be redeemed in the seller’s online store, unless otherwise stated in the voucher.

11.2Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiration date.

11.3Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

11.4Only one gift voucher can be redeemed per order.

11.5Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

11.6If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

11.7The balance of a gift voucher is neither paid out in cash nor does it bear interest.

11.8The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller’s online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

12) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

13) Alternative dispute resolution

13.1The EU Commission provides a platform for online dispute resolution 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 settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

13.2The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.