§ 1 Scope of application and provider
§ 2 Conclusion of contract
§ 3 Prices
§ 4 Terms of payment; default
§ 5 Offsetting/right of retention
§ 6 Delivery
§ 7 Cancellation policy
§ 8 Warranty
§ 9 Liability
§ 10 Copyrights and rights of use
§ 11 Alternative dispute resolution
§ 12 Final provisions
§ 1 Scope of application and provider
(1) These General Terms and Conditions apply to all orders that you place with the online store of
createdByJessi
Jessica Fetzer
Spremberger Str. 12
01239 Dresden
hi@byjessi.de
to operate.
(2) The goods offered in our online store are aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. With regard to businesses, these General Terms and Conditions shall also apply to all future business relationships, even if they are not expressly agreed upon again. The inclusion of any General Terms and Conditions of a customer that contradict our General Terms and Conditions is hereby expressly objected to.
(4) The contract language is exclusively German.
(5) You can view and print the current General Terms and Conditions on our website at byjessi.de/agb. The contract text is not stored.
§ 2 Conclusion of contract
(1) The product listings in our online shop do not constitute a binding offer to enter into a purchase contract. They are simply a non-binding invitation to place an order.
(2) By clicking the [“Order now with obligation to pay” / “Buy”] button, you submit a binding offer to purchase (§ 145 BGB). Immediately before placing your order, you have the opportunity to review and, if necessary, correct it.
(3) The contract is only concluded when the content is activated or a link is provided.
§ 3 Prices
The prices shown in this shop are final prices plus shipping costs. In accordance with § 19 UStG (German VAT Act), no VAT is charged and therefore none is shown.
§ 4 Shipping Costs, Payment, Due Date
(1) The customer may pay by advance payment or credit card (Visa, Mastercard, American Express).
(2) If the customer has chosen to pay by advance payment, they are obliged to pay the purchase price immediately upon conclusion of the contract.
§ 5 Offsetting/right of retention
(1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or recognized by us or is in a close synallagmatic relationship to our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery
(1) Unless otherwise agreed, delivery is made by providing a download link. You can click this link to start the download to your chosen storage device.
(2) It is the customer’s responsibility to provide suitable software that enables the files and content to be opened, edited and printed properly.
§ 7 Cancellation policy
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity, you have a right of withdrawal in accordance with the following provisions.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must send us
createdByJessi
Jessica Fetzer
Spremberger Str. 12
01239 Dresden
hi@byjessi.de
by means of a clear statement (e.g. a letter sent by post, by email or via the contact form) informing us of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, though it is not required.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (with the exception of additional costs arising from your choice of a delivery method other than the cheapest standard delivery we offer), without undue delay and no later than fourteen days from the day on which we received notification of your withdrawal from this contract. We will use the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of this reimbursement.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the fourteen-day period has expired. You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
Model Withdrawal Form
If you wish to cancel the contract, please fill out this form and send it back to us.
To
createdByJessi
Spremberger Str. 12
01239 Dresden
hi@byjessi.de
I/we (**) hereby revoke the contract concluded by me/us (**) for the purchase of the following goods (**):
Ordered on (**)/received on (**)
Name of consumer:
Consumer address:
Signature of consumer (only for notification on paper)
Date
(**) Delete as applicable.
End of Withdrawal Policy
(1) The right of withdrawal does not apply to
– Delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer or
– in the case of delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
(2) In accordance with § 356 para. 5 BGB, the right of withdrawal expires in the case of a contract for the supply of digital content not on a physical medium, if the seller has begun performance of the contract after the consumer has expressly agreed that the seller may begin performance before the withdrawal period has expired, and has confirmed their awareness that their right of withdrawal is forfeited upon commencement of performance.
§ 8 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of sales law (§§ 433 ff. BGB).
(2) We shall only be liable for claims arising from injury to life, body or health or from the breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) If you are an entrepreneur within the meaning of Section 14 BGB, the statutory provisions apply with the following modifications:
– Only our own information and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
– You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods.
Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered at a later date, starting from the time of discovery. Failure to comply with the obligation to inspect and give notice of defects will result in the loss of any warranty claims.
In the event of defects, we will provide warranty at our discretion either by repair or replacement (subsequent performance). In the case of repair, we are not obliged to bear the additional costs incurred by transporting the goods to a location other than the place of performance, provided that such transport is not consistent with the intended use of the goods.
– If the supplementary performance fails twice, you can demand a reduction or withdraw from the contract at your discretion.
– The warranty period is one year from delivery of the goods.
§ 9 Liability
In the event of defects, we will provide warranty at our discretion either by repair or replacement (subsequent performance). In the case of repair, we are not obliged to bear the additional costs incurred by transporting the goods to a location other than the place of performance, provided that such transport is not consistent with the intended use of the goods.
(2) In all other respects, the following limited liability applies: In cases of minor negligence, we are only liable for breach of a material contractual obligation whose fulfilment is essential to the proper performance of the contract and on which you may regularly rely (cardinal obligation). Liability for minor negligence is limited in amount to the damages foreseeable at the time of conclusion of the contract that must typically be expected to arise. This limitation of liability also applies in favour of our vicarious agents.
§ 10 Copyright and Usage Rights
(1) All digital content provided by the seller is protected by copyright.
(2) The customer acquires a time-unlimited, simple, non-transferable right of use exclusively for non-commercial purposes. No exploitation rights are granted to the customer. In particular, they may not distribute the purchased titles either digitally or in printed form, in whole or in part (§ 17 UrhG), make them publicly accessible (§ 19a UrhG), or pass them on to third parties in any other form. The right of reproduction (§ 16 UrhG) is limited to acts of reproduction that serve exclusively personal use.
(3) The granting of the rights of use by the seller is subject to the condition precedent of full payment of the purchase price.
(4) The user is not entitled to remove copyright notices, trademarks or other legal reservations from the goods.
(5) The seller is entitled to personalize digital content made available for download with visible and invisible markings in order to enable the identification and legal prosecution of the original purchaser in the event of misuse.
(6) In the event of unauthorized use of the digital content by the buyer or a third party, the buyer undertakes to pay a contractual penalty per act of infringement to be determined by us at our reasonable discretion and, in the event of a dispute, to be reviewed by the competent court.
§ 11 Alternative dispute resolution
(2) The customer acquires a time-unlimited, simple, non-transferable right of use exclusively for non-commercial purposes. No exploitation rights are granted to the customer. In particular, they may not distribute the purchased titles either digitally or in printed form, in whole or in part (§ 17 UrhG), make them publicly accessible (§ 19a UrhG), or pass them on to third parties in any other form. The right of reproduction (§ 16 UrhG) is limited to acts of reproduction that serve exclusively personal use.
(2) We endeavour to resolve any disagreements arising from our contract amicably. Beyond that, we are not obliged to participate in dispute resolution proceedings and are unfortunately unable to offer you participation in such a procedure.
§ 12 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you are governed exclusively by German law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the country in which you habitually reside remain unaffected by this choice of law (in particular with regard to the conclusion of contracts and warranty rights).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be our registered office.
Status: June 2024