TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

General Terms and Conditions with Customer Information

Table of Contents

• Scope
• Conclusion of Contract
• Rules of Conduct / Termination for Cause (Services, Appointments, Group Offers)
• Right of Withdrawal
• Prices and Payment Terms
• Delivery and Shipping Conditions
• Granting of Usage Rights for Digital Content
• Retention of Title
• Liability for Defects (Warranty)
• Liability
• Redemption of Promotional Vouchers
• Redemption of Gift Vouchers
• Applicable Law
• Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Melanie Braun, trading as "Cosmic Contact" (hereinafter "we/us"), apply to all contracts for the delivery of goods that you as a consumer or entrepreneur (hereinafter "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 GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise stipulated. Digital content within the meaning of these GTC are data created and provided in digital form.

1.4 You are a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that are predominantly neither attributable to your commercial nor your independent professional activity.

1.5 You are an entrepreneur within the meaning of these GTC as 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 represent binding offers on our part, but serve to enable you to submit a binding offer.

2.2 You can submit the offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, you submit a legally binding contract offer for the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, you can also submit the offer to us by e-mail 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 requesting payment from you after you have placed your order.

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

2.4 If a payment method offered by PayPal is selected, payment processing is handled by 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, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if you do not have a PayPal account - subject to the terms for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If you pay using a PayPal payment method selectable during the online ordering process, we declare our acceptance of your offer at the time you click the button that concludes the ordering process.

2.5 When submitting an offer via our company's online order form, the contract text will be stored by us after the contract has been concluded and sent to you in text form (e.g. e-mail, fax or letter) after you have sent your order. We will not make the contract text accessible beyond this. If you have set up a user account in our online shop before sending your order, the order data will be archived on our website and can be accessed by you 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 means for better recognition of input errors can be your browser's magnification function, which enlarges the display on the screen. You can correct your entries within the electronic ordering process using the usual keyboard and mouse functions until you click the button that concludes the ordering process.

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

2.8 Order processing and contact usually take place via e-mail and automated order processing. You must ensure that the e-mail address you provide for order processing is correct so that e-mails sent by us can be received at this address. In particular, when using SPAM filters, you must ensure that all e-mails sent by us or by third parties commissioned by us to process the order can be delivered.

2a) Rules of Conduct / Termination for Cause (Services, Appointments, Group Offers)

If the subject of the contract is a service (e.g. session/coaching/energetic service/channeling), the following applies additionally:

If an agreed service cannot be performed on the agreed date for reasons beyond our control (e.g. illness, unforeseen health impairment, force majeure), we are entitled to postpone the appointment. In this case, there is no claim for damages. Already paid remuneration remains valid and will be credited to a new appointment to be agreed upon.

If you are unable to attend an agreed appointment for health reasons, the appointment can be postponed after prior notification. In this case, there is no right to a refund; already paid remuneration will be credited to a new appointment to be agreed upon.

We are entitled to terminate the performance of a session, a group event or any other service for good cause with immediate effect and to terminate further cooperation.

Good cause exists in particular if you seriously or repeatedly breach the contract or if you unreasonably impede the process or performance of the service, in particular through disrespectful, offensive, discriminatory, boundary-crossing or disruptive behavior.

In the event of a termination or cessation for good cause for which you are responsible, there is no right to further appointments or other services. In this case, there is no right to a refund of already paid remuneration.

Statutory rights - in particular from mandatory consumer protection regulations - remain unaffected.

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 do not belong to a member state of the European Union at the time of concluding the contract and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.

4) Prices and Payment Terms

4.1 Unless otherwise stated in our product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated 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 are to be borne by you. 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 can also arise in connection with the transfer of money 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 a later due date with you.

4.5 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is 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 for payment processing, for which special payment conditions may apply, to which you may be separately notified. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

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

5.2 If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of sending the goods if you effectively exercise your right of withdrawal. For the return costs, in the event of an effective exercise of your right of withdrawal, the provision made in our cancellation policy applies.

5.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes when the goods are handed over to you or a person entitled to receive them. Deviating from this, even if you act as a consumer, the risk of accidental loss and accidental deterioration of the sold goods already passes to you as soon as we have delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if you have commissioned the forwarder, the carrier or the person or institution otherwise 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 self-supply. This applies only if we are not responsible for the non-delivery and we have concluded a concrete hedging transaction with the supplier with due care. 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:

• by download
• by e-mail

5.7 Digital content will be provided to you as follows:

• via direct access on our website
• by download
• by e-mail

6) Granting of Usage Rights 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 unrestricted right to use the provided content exclusively for private purposes.

6.2 A transfer of the content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless we have agreed to a transfer of the contractual license to the third party.

6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when you have fully paid the contractually owed remuneration. We may provisionally permit use of the contractual content even before this time. A transfer of rights does not take place through such provisional permission.

7) Retention of Title

If we provide services in advance, we reserve ownership of 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 provisions of statutory liability for defects apply. Notwithstanding this, 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 defect claims is one year from delivery of the goods;
• for used goods, defect claims are excluded;
• the limitation period does not recommence if a replacement delivery is made in the context of liability for defects.

8.2 The aforementioned limitations of liability and shortening of deadlines do not apply

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

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

8.4 If you act as a merchant within the meaning of § 1 HGB, you are subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If you fail to comply with the notification obligations regulated therein, the goods are deemed to have been approved.

8.5 If you act as a consumer, you are requested to complain about goods delivered with obvious transport damage to the deliverer and to inform us of this. If you do not comply with this, it 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 legal, and also tortious claims for damages and reimbursement of expenses as follows:

9.1 We are liable without limitation on any legal grounds

• in case of intent or gross negligence,
• in case of intentional or negligent injury to life, limb or health,
• due to a guarantee promise, unless otherwise regulated in this regard,
• due to mandatory liability, such as under the Product Liability Act.

9.2 If we negligently violate a material contractual obligation, liability is limited to the typical, foreseeable damage, unless we are liable without limitation in accordance with the preceding paragraph. 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 makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely.

9.3 Otherwise, our liability is excluded.

9.4 The foregoing provisions on liability 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 within 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 results from the content of your promotional voucher.

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

10.5 Only one promotional voucher can be redeemed per order.

10.6 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be reimbursed by us.

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 offered by us to settle the difference.

10.8 The credit of a promotional voucher will neither be paid out in cash nor bear interest.

10.9 The promotional voucher will not be refunded if you return 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 can make payment with discharging effect to the respective holder who redeems the promotional voucher in our online shop. This does not apply if we have knowledge or grossly negligent ignorance of the lack of authorization, the incapacity to act or the lack of power of representation of 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 on the voucher.

11.2 Gift vouchers and remaining credit from gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining credit will be credited to you until the expiry date.

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

11.4 Only one gift voucher can be redeemed per order.

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

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

11.7 The credit of a gift voucher will neither be paid out in cash nor bear interest.

11.8 The 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 shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, the incapacity to act or the lack of power of representation of 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 on the international sale of movable goods. If you act as a consumer, this choice of law applies only insofar as the protection granted to you by mandatory provisions of the law of the state in which you have your habitual residence is not withdrawn.

12.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who do not belong to a member state of the European Union at the time of concluding the contract and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.

13) Alternative Dispute Resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Status: 04.06.2025, 13:50:07 Uhr