General terms and conditions with customer information

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Granting of usage rights for digital content
7. Retention of title
8. Liability for defects (warranty)
9. Liability
10. Redemption of promotional vouchers
11. Redemption of gift vouchers
12. Applicable law
    

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Melanie Braun, trading under "Cosmic Contact" (hereinafter "we/us"), apply to all contracts for the delivery of goods that you, as a consumer or entrepreneur (hereinafter "you/you"), conclude with us regarding the goods presented in our online shop. We hereby object to the inclusion of your own terms and conditions unless we have agreed otherwise with you.

1.2 These Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.3 These Terms and Conditions apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content, as defined in these Terms and Conditions, is data created and provided in digital form.

1.4 You are a consumer within the meaning of these Terms and Conditions if you conclude a legal transaction for purposes that cannot predominantly be attributed to your commercial or independent professional activity.

1.5 An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of your commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve to submit a binding offer by you.

2.2 You can submit your offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the order process. You can also submit your offer to us by email or telephone.

2.3 We can accept your offer within five days,

• by sending you a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by you is decisive, or
• by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
• by asking you to pay after you have placed your order.

If several of the aforementioned alternatives apply, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting your offer begins on the day after your offer is sent and ends on the expiry of the fifth day following the dispatch of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that you are no longer bound by your declaration of intent.

2.4 If you select a payment method offered by PayPal, payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com /de /webapps /mpp /ua /useragreement-full or - if you do 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 you pay using a payment method offered by PayPal that can be selected during the online ordering process, we hereby declare that we accept your offer at the time you click the button that completes the ordering process.

2.5 When submitting an offer via our company's online order form, the contract text will be saved by us after the contract has been concluded and sent to you in text form (e.g., by email, fax, or letter) after you have submitted your order. We will not make the contract text available beyond this time. If you have created a user account in our online shop before submitting your order, the order data will be archived on our website and can be accessed free of charge via your password-protected user account by entering the corresponding login data.

2.6 Before submitting your order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical tool for better detection of input errors can be your browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, you can correct your entries using the usual keyboard and mouse functions until you click the button that completes the order process.

2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact are generally carried out via email and automated order processing. You must ensure that the email address you provide for order processing is correct, so that emails sent by us can be received at this address. In particular, when using spam filters, you must ensure that all emails sent by us or third parties commissioned by us to process orders 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 our cancellation policy.

3.3 The right of withdrawal does not apply to consumers who are not members of a Member State of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and payment terms

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

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which we are not responsible and which you must bear. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but you make the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to you in our online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless we have agreed on a later due date with you.

4.5 If you select a payment method offered via the "Shopify Payments" payment service, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to you in our online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which you will be informed separately if necessary. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de available.

5) Delivery and shipping conditions

5.1 If we offer shipping of the goods, delivery will be made within the delivery area specified by us to the delivery address you provide, unless otherwise agreed. The delivery address specified in our order processing is decisive for the processing of the transaction.

5.2 If delivery of the goods fails for reasons for which you are responsible, you will bear the reasonable costs incurred by us as a result. This does not apply to the shipping costs if you effectively exercise your right of withdrawal. If you effectively exercise your right of withdrawal, the provisions in our cancellation policy apply to the return shipping costs.

5.3 If you are acting as a businessperson, the risk of accidental loss and accidental deterioration of the sold goods shall pass to you as soon as we have delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If you are acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass to you when the goods are handed over to you or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods shall pass to you as soon as we have delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment, even if you are acting as a consumer, if you have commissioned the freight forwarder, carrier or other person or institution designated to carry out the shipment and we have not previously named this person or institution to you.

5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper delivery to us. This only applies if the non-delivery is not our responsibility and we have concluded a specific hedging transaction with the supplier with due diligence. We will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, you will be informed immediately, and the consideration will be refunded to you immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to you as follows:

• via download
• by email

5.7 Digital Content will be provided to you as follows:

• via direct access via our website
• via download
• by email

6) Granting of rights of use for digital content

6.1 Unless otherwise stated in the content description in our online shop, we grant you the non-exclusive, geographically and temporally unlimited right to use the content provided exclusively for private purposes.

6.2 The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these Terms and Conditions is not permitted unless we have agreed to a transfer of the contractual license to the third party.

6.3 To the extent the contract relates to the one-time provision of digital content, the granting of rights will only become effective once you have paid the contractually agreed remuneration in full. We may also grant provisional permission for the use of the contractual content prior to this time. Such provisional permission does not constitute a transfer of rights.

7) Retention of title

If we make advance payments, we retain title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

Unless otherwise stipulated in the following provisions, the statutory liability for defects applies. The following applies to contracts for the delivery of goods:

8.1 If you act as an entrepreneur,

• we have the choice of the type of subsequent performance;
• For new goods, the limitation period for warranty claims is one year from delivery of the goods;
• For used goods, warranty claims are excluded;
• The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

8.2 The limitations of liability and shortening of deadlines set out above do not apply

• for your claims for damages and reimbursement of expenses,
• in the event that we have fraudulently concealed the defect,
• for goods which have been used for a building in accordance with their usual purpose and which have caused its defectiveness,
• for any obligation we may have to provide updates for digital products in contracts for the supply of goods with digital elements.

8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

8.4 If you act as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), you are subject to the commercial duty of inspection and notification of defects pursuant to Section 377 of the HGB. If you fail to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.

8.5 If you are a consumer, you are requested to report any goods delivered with obvious transport damage to the carrier and notify us of this. Failure to do so will have no effect on your statutory or contractual claims for defects.

9) Liability

The seller is liable to you for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

9.1 We are liable without limitation for any legal reason

• in case of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• based on a guarantee promise, unless otherwise agreed,
• due to mandatory liability such as under the Product Liability Act.

9.2 If we negligently breach a material contractual obligation, our liability is limited to the typical, foreseeable damages under the contract, unless we are subject to unlimited liability in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract, and on whose compliance you can regularly rely.

9.3 Otherwise, our liability is excluded.

9.4 The above liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.

10) Redemption of promotional vouchers

10.1 Vouchers that we issue free of charge as part of promotional campaigns with a specific period of validity and that you cannot purchase (hereinafter "promotional vouchers") can only be redeemed in our online shop and only during the specified period.

10.2 Promotional vouchers can only be redeemed by you as a consumer.

10.3 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of your promotional voucher.

10.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.

10.5 You can only redeem one promotional voucher per order.

10.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded.

10.7 If the value of the promotional voucher is not sufficient to cover your order, you can choose one of the other payment methods we offer to settle the difference.

10.8 The balance of a promotional voucher will not be paid out in cash or bear interest.

10.9 The promotional voucher will not be refunded if you return the goods paid for in whole or in part with the promotional voucher within the scope of your statutory right of withdrawal.

10.10 The promotional voucher is transferable. We may discharge any liability to the respective holder who redeems the promotional voucher in our online shop. This shall not apply if we have knowledge or grossly negligent ignorance of the respective holder's ineligibility, incapacity, or lack of authority to represent the respective holder.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased through our online shop (hereinafter "gift vouchers") can only be redeemed in our online shop, unless otherwise stated in the voucher.

11.2 Gift vouchers and any remaining balance on gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to your account until the expiration date.

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

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

11.6 If the value of the gift voucher is insufficient to cover the order, you can choose one of the other payment methods offered by us to settle the difference.

11.7 The balance of a gift voucher will not be paid out in cash and will not bear interest.

11.8 The gift voucher is transferable. The seller may discharge the respective holder's liability by making a payment to the respective holder who redeems the gift voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, incapacity, or lack of authority to represent the respective holder.

12) Applicable law

12.1 All legal relationships between you and us shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. If you are acting as a consumer, this choice of law shall apply only to the extent that the protection granted to you is not withdrawn by mandatory provisions of the law of the country in which you have your habitual residence.

12.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.