Terms of Service
These General Terms and Conditions ("GTC") of Jessica Kemper ("Seller") apply to all contracts concluded between a consumer or trader ("Client") and the Seller relating to all goods and/or services presented in the Seller's online shop.
1. Scope of Application
These GTC apply to the supply of digital content, unless expressly agreed otherwise. Digital content is data created and provided in digital form. A consumer is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
2. Conclusion of the Contract
The product descriptions in the online shop do not constitute binding offers by the Seller, but serve to submit a binding offer by the Client. The Client submits the offer via the online order form by clicking the button finalizing the order. The Seller may accept within five days by order confirmation (email), by delivery, or by requesting payment. German and English are available for the conclusion of the contract.
3. Right to Cancel
Consumers are entitled to the right to cancel. For digital content not supplied on a tangible medium, the right of withdrawal expires once performance has begun, provided the consumer has expressly consented to immediate execution and acknowledged the loss of the right of withdrawal.
4. Prices and Payment Conditions
Unless otherwise stated, prices are total prices including statutory sales tax (VAT). Payment can be made using the methods offered in the shop: PayPal and credit/debit card via Stripe. Where a payment service performs a credit check, the Seller may refuse a payment method on a negative result.
5. Shipment and Delivery Conditions
Digital content is provided exclusively in electronic form by email. Personal collection is not possible. Delivery is automatic after successful payment.
6. Granting Rights of Use for Digital Content
The Seller grants the Client the non-exclusive right, unlimited in place and time, to use the contents supplied exclusively for private purposes. Transmission of content to third parties or the production of copies for third parties is prohibited. The granting of rights becomes effective only when the Client has fully paid the owed remuneration.
7. Reservation of Proprietary Rights
If the Seller provides advance deliveries, title of ownership is retained until the purchase price owed has been paid in full.
8. Warranty
Unless otherwise stipulated, the provisions of statutory liability for defects apply. For traders, deviating limitation periods apply as set out by law.
9. Liability
The Seller is liable without limitation in the event of intent or gross negligence, injury to life, body or health, under a guarantee promise, or under mandatory product liability law. For negligent breach of a material contractual obligation, liability is limited to foreseeable, contract-typical damage. Otherwise liability is excluded.
10. Applicable Law
The law of the Federal Republic of Germany applies under exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that mandatory provisions of the country of habitual residence are not withdrawn.
11. Alternative Dispute Resolution
The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.