Terms & Conditions

General terms and conditions and customer information

 

1. scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Leja Johannson (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTCs shall apply mutatis mutandis to contracts for the delivery of digital content, unless expressly provided otherwise.

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 self-employed. 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 his commercial or independent professional activity.

1.4 For the purposes of these GTC, digital content is all data that is not on a physical data carrier, is produced in digital form and is provided by the Seller under the granting of certain rights of use regulated in more detail in these GTC.

 

2. conclusion of contract

2.1 The product descriptions contained in the Seller's online store 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 may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through 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 may 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), in which case the receipt of the order confirmation by the customer shall be decisive, or

  • by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or

  • by requesting payment from the customer after the customer's order has been placed.

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer 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 shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment shall be processed 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 Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms and Conditions for Payments without a PayPal Account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of 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 submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's order has been sent. The seller shall not make the text of the contract accessible beyond this.

2.6 Before bindingly placing the order via the Seller's online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contacting usually take place via e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is accurate so that 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 are generally entitled to a right of withdrawal.

3.2 More detailed 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 do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

3.4 Unless otherwise agreed, a right of revocation shall not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision. Accordingly, a right of revocation is also excluded in the case of contracts for the sale of tickets for scheduled leisure events.

 

4. prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that do not include the statutory value-added tax (pursuant to §19 para.1 of the German Value-Added Tax Act (USTG), the Seller does not show value-added tax separately in invoices and cannot claim an input tax deduction). Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred 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 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 may also be incurred in relation to the transfer of funds if the delivery is not made 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 store.

4.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

 

5. delivery and shipping conditions

5.1 The delivery of goods shall be made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event that the customer effectively exercises its right of revocation, the provision made in the seller's revocation instructions shall apply to the costs of returning the goods.

5.3 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

5.4 Self-collection is not possible for logistical reasons.

5.5 Digital content shall be provided to the Customer exclusively in electronic form as follows:

  • per download

  • by e-mail

 

6. granting of rights of use for digital content

6.1 Unless otherwise stated in the content description in the Seller's online store, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the provided content exclusively for private purposes.

6.2 A transfer of the contents 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 contractual license to the third party.

6.3 The granting of rights shall only become effective when the Customer has paid the contractually owed remuneration in full. The Seller may provisionally permit the use of the contractual content even before this point in time. A transfer of rights does not take place through such provisional permission.

 

7. retention of title

If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

 

8. liability for defects (warranty)

8.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

8.2 If the customer is acting as a consumer, he is requested 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 shall have no effect on his statutory or contractual claims for defects.

 

9. redemption of promotional vouchers/ coupons

9.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period.

9.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher.

9.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.7 The credit balance of a promotional voucher shall neither be paid out in cash nor shall it bear interest.

9.8 The promotional voucher shall not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.

 

10 Applicable law

10.1 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. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

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

 

11. alternative dispute resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

11.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.