Terms and Conditions
General Terms and Conditions with Customer Information
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Table of Contents
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1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
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. Special Conditions for the Processing of Goods According to Specific Customer Requirements
11. Redemption of Promotional Vouchers
12. Applicable Law
13. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Jasmin Butschle (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 For contracts for the provision of digital content, these GTC apply accordingly, unless otherwise stipulated. Digital content within the meaning of these GTC are data that are created and provided in digital form.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
1.4 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, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer can 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 contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller can 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 the Customer to pay after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry 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 is deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing takes place 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 user terms and conditions, available at https://www.paypal.com/de/legalhub/paypal/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/legalhub/paypal/privacywax-full. If the Customer pays using 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 that concludes the ordering process.
2.5 When ordering via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller will not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before submitting 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.
2.6 Before submitting the order 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 identification of input errors can be the browser's magnification function, with the help of which the display on the screen is enlarged. The Customer can correct his entries within the framework of the electronic ordering process using the usual keyboard and mouse functions until he clicks 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. 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
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who are not nationals of a member state of the European Union at the time of concluding the contract and whose sole domicile and delivery address at the time of concluding the contract are outside the European Union.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. 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 the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfer 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 relation to the money transfer if the delivery does not take place 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 shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the "Sofortüberweisung" (instant bank transfer) payment method is selected, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Sofortüberweisung", the Customer must have an online banking account activated for "Sofortüberweisung", identify himself accordingly during the payment process, and confirm the payment instruction. The payment transaction is then immediately carried out by Klarna and the Customer's bank account is debited. Further information on the "Sofortüberweisung" payment method can be found online at https://www.klarna.com/sofort/.
4.6 If a payment method offered via the "Apple Pay" payment service is selected, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay will be communicated to the customer in the seller's online shop. Apple may use other payment services to process payments, for which special payment conditions may apply, to which the customer may be separately informed. Further information on Apple Pay can be found online at https://www.apple.com/de/apple-pay/.
4.7 If a payment method offered via the "Google Pay" payment service is selected, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay will be communicated to the customer in the seller's online shop. Google may use other payment services to process payments, for which special payment conditions may apply, to which the customer may be separately informed. Further information on Google Pay can be found online at https://pay.google.com/intl/de_de/about/.
4.8 If a payment method offered via the "SumUp" payment service is selected, payment processing is carried out via the payment service provider SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580 (hereinafter "SumUp"). The individual payment methods offered via Stripe will be communicated to the customer in the seller's online shop. SumUp may use other payment services to process payments, for which special payment conditions may apply, to which the customer may be separately informed. Further information on SumUp can be found online at https://www.sumup.com/de-de/.
4.9 If a payment method offered via the "Wix Payments" payment service is selected, payment processing is carried out via the payment service provider Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel (hereinafter "Wix"). The individual payment methods offered via Wix will be communicated to the customer in the seller's online shop. Wix may use other payment services to process payments, for which special payment conditions may apply, to which the customer may be separately informed. Further information on Wix Payments can be found online at https://de.wix.com/payments.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the execution of the transaction. Notwithstanding this, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If the 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 to the costs of shipment if the Customer effectively exercises his right of withdrawal. For the return costs, the provision made in the Seller's cancellation policy applies if the Customer effectively exercises his right of withdrawal.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts 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 the Customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer for consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated 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-delivery. This only applies if the non-delivery is not attributable to the Seller and the Seller has concluded a concrete covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Digital content is provided to the Customer as follows:
- via download
- via e-mail
6) Granting of Usage Rights for Digital Content
6.1 Unless otherwise stated in the content description in the Seller's online shop, the Seller grants the Customer the non-exclusive, spatially and temporally unlimited right to use the provided content for private and commercial purposes.
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 agreed to a transfer of the license that is the subject of the contract to the third party.
6.3 If the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when the Customer has paid the remuneration owed in full. The Seller may provisionally permit the use of the content subject to the contract even before this point in time. Such provisional permission does not result in a transfer of rights.
7) Retention of Title
If the Seller performs in advance, he retains ownership of the delivered goods until full payment of the purchase price owed.
8) Liability for Defects (Warranty)
Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
8.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of supplementary performance;
- the limitation period for defect claims for new goods is one year from the delivery of the goods;
- defect claims are excluded for used goods;
- the limitation period does not recommence if a replacement delivery is made within the framework of liability for defects.
8.2 The limitations of liability and reductions of periods regulated above do not apply
- for claims for damages and reimbursement of expenses of the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
- for any existing obligation of the Seller 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 the Customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
8.5 If the Customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the Customer does not comply with this, this has no effect on his statutory or contractual defect claims.
9) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual and statutory, as well as tortious claims for damages and reimbursement of expenses as follows:
9.1 The Seller is liable without restriction for any legal reason
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability, such as under the Product Liability Act.
9.2 If the Seller negligently violates an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability exists in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose observance the Customer may regularly rely.
9.3 Otherwise, liability of the Seller is excluded.
9.4 The preceding liability regulations also apply with regard to the liability of the Seller for his vicarious agents and legal representatives.
10) Special conditions for the processing of goods according to specific customer requirements
10.1 If, according to the content of the contract, the Seller also owes the processing of goods according to specific customer requirements in addition to the delivery of 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 for this purpose. The Customer alone is responsible for procuring and acquiring the rights to this content. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are infringed thereby, especially copyrights, trademark rights and personal rights.
10.2 The Customer shall indemnify the Seller against claims by third parties that these third parties may assert against the Seller in connection with an infringement of their rights by the Seller's contractual use of the Customer's content. In this respect, the Customer shall also bear the necessary costs of legal defense, including all court and legal fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. The Customer is obliged to provide the Seller with all information necessary for examining the claims and for defense immediately, truthfully and completely in the event of a claim by third parties.
10.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or public morality. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
11) Redemption of promotional vouchers
11.1 Vouchers issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
11.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
11.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
11.4 Only one promotional voucher can be redeemed per order.
11.5 If the promotional voucher refers to a specific value and not to a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be reimbursed by the Seller.
11.6 If 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 chosen to pay the difference.
11.7 The credit of a promotional voucher will neither be paid out in cash nor accrue interest.
11.8 The promotional voucher will not be reimbursed if the Customer returns goods paid for entirely or partially with the promotional voucher within the scope of their statutory right of withdrawal.
11.9 The 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 shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity or lack of power of representation of the respective holder.
12) Applicable law
12.1 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. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their 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 are not citizens of a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.
13) Alternative dispute resolution
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Copyright notice: These General Terms and Conditions were created by the specialized lawyers of the IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de)
Status: 28.06.2026, 15:26:00