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General terms and conditions

General Terms and Conditions (GTC)

 

for the online shop at

www.carolin.life

 

operated by

Carolin Huber

Edmund-Probst-Str.

87509 Immenstadt

Germany

E-Mail: info@carolin.life

[Telephone number]

 

– hereinafter referred to as “the Provider” –

 

1. Basic Provisions

 

(1) The following General Terms and Conditions apply to all contracts concluded minimum order value of 50.00€ between you and us, the Provider, Carolin Huber, via the website www.carolin.life, unless otherwise agreed in writing. Any deviating terms and conditions used by you shall not apply, even if we do not expressly object to them.

(2) A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

An entrepreneur is any natural or legal person or a partnership with legal capacity acting in the exercise of their independent professional or commercial activity when entering into a legal transaction.

 

2. Conclusion of the Contract

 

(1) The subject matter of the contract is the sale of downloadable products (digital content not supplied on a physical data carrier).

 

(2) By placing a downloadable product on our website, we make a binding offer to conclude a contract under the conditions stated in the respective item description.

 

(3) The contract is concluded via the online shopping cart system as follows:

The digital products intended for purchase are placed in the “shopping cart.” You may access the “shopping cart” at any time via the navigation bar and make changes there. After proceeding to the “checkout” page and entering your personal data and payment details, all order information will again be displayed on the order overview page.

Before submitting the order, you have the opportunity to review and correct all entered information (also via the “back” function of your browser) or cancel the purchase.

By clicking the button “Order with obligation to pay”, you declare your legally binding acceptance of the offer, thereby concluding the contract.

 

(4) Order processing and communication relating to the conclusion of the contract are handled by e-mail, partly automatically. You must ensure that the e-mail address you have provided is correct and that receipt of e-mails is technically possible, particularly not blocked by spam filters.

 

3. License for download products

(1) The download products offered are protected by copyright. Unless otherwise stated in the respective offer, you will receive a simple license for each download product purchased from us.

(2) The simple license for use includes permission to save a copy of the download product for your PERSONAL use on your computer or other electronic device and/or to print it out as a photo or poster for your own use.

You are prohibited from making any further copies. You are expressly prohibited from modifying or editing a file or parts thereof and making it available to third parties in any way, privately or commercially, or otherwise using it for commercial advertising purposes in any form. Furthermore, you are expressly prohibited from uploading it to social media or other internet platforms of any kind.

 

Translated with DeepL.com (free version)

(2) The simple license grants you permission to store one copy of the purchased downloadable product for your personal use on your computer or other electronic device and/or to print it for your own use (e.g., as a photo or poster).

Any further reproduction is prohibited. You are expressly forbidden to modify, edit, or alter the file or parts thereof, to make it available to third parties—privately or commercially—or to use it in any form for advertising or business purposes. Furthermore, any upload to social media or other online platforms of any kind is strictly prohibited.

 

4. Right of Retention

 

You may exercise a right of retention only in relation to claims arising from the same contractual relationship.

 

5. Liability

 

(1) We shall be fully liable for damages resulting from injury to life, body, or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, in cases of fraudulent concealment of a defect, in cases of assumption of a guarantee for the condition of the purchased item, and in all other cases prescribed by law.

 

(2) In cases of slight negligence concerning essential contractual obligations, our liability is limited to foreseeable damages typical of the contract. Essential contractual obligations are obligations that arise from the nature of the contract and whose breach would endanger the achievement of the contractual purpose, as well as obligations that make the proper execution of the contract possible in the first place and on whose fulfillment the customer regularly relies.

 

(3) Liability for minor breaches of non-essential contractual obligations due to slight negligence is excluded.

 

(4) Data communication via the internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. We are therefore not liable for the constant or uninterrupted availability of the website or the services offered therein.

6. Cancellation policy

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Carolin Huber, Edmund-Probst-Str., 87509 Immenstadt, email address: info@carolin.life) of your decision to withdraw from this contract by means of a clear statement (e.g. by email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

 

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

 

Reasons for expiry

The right of withdrawal expires in the case of a contract for the delivery of digital content that is not stored on a physical data carrier if the entrepreneur has begun to execute the contract after the consumer

has expressly agreed that the entrepreneur will begin executing the contract before the expiry of the withdrawal period and

has confirmed his knowledge that by agreeing to the commencement of the execution of the contract, he loses his right of withdrawal.

 

Sample withdrawal form

(If you wish to withdraw from the contract, please fill out this form and return it.)

– Carolin Huber, email address: info@carolin.life

– I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/

the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for paper notifications)

– Date

(*) Delete as applicable.​

7. Payment and Default

 

7.1 The prices applicable are those displayed in the online shop at the time of the order. All prices include the statutory value-added tax (VAT) and, where applicable, any shipping costs indicated. Information on available payment methods is provided in the provider’s online shop.

 

7.2 Where payment by credit or debit card is agreed, the purchase price shall become due immediately upon conclusion of the contract.

 

7.3 Where payment via PayPal is agreed, the purchase price shall likewise become due immediately upon conclusion of the contract. Payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

 

8. Retention of Title

 

The goods purchased shall remain the property of the provider until full payment of the purchase price has been received.

 

9. Delivery and Reservation of Self-Supply

 

9.1 Unless otherwise agreed, delivery shall be made within the delivery period stated in the online shop to the delivery address specified by the customer. Applicable delivery times can be found in the online shop.

 

9.2 Collection of goods by the customer is excluded.

 

9.3 If the provider is unable to deliver the ordered goods because, through no fault of its own, it has not been supplied by a reliable supplier despite having concluded a corresponding covering transaction in due time, the provider shall be released from its obligation to perform and may withdraw from the contract. The provider shall inform the customer without delay of the unavailability of performance and shall immediately refund any consideration already paid by the customer. Mandatory consumer protection provisions remain unaffected.

 

10. Warranty

 

The provisions of statutory warranty law shall apply.

 

11. Liability and Indemnification

 

11.1 The provider shall be liable without limitation:

  • for damages arising from injury to life, body, or health caused by an intentional or negligent breach of duty by the provider or by an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;

  • for damages based on an intentional or grossly negligent breach of duty by the provider or its legal representatives or vicarious agents;

  • under any guarantee assumed, unless otherwise regulated; and

  • under mandatory statutory liability (e.g. pursuant to the German Product Liability Act).

 

11.2 Where the provider negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies under paragraph 8.1. Essential contractual obligations are those whose performance is necessary to achieve the purpose of the contract and upon whose fulfillment the customer may regularly rely.

 

11.3 Apart from the above, the provider’s liability and that of its legal representatives and vicarious agents is excluded.

 

11.4 The customer shall indemnify the provider against all claims of third parties—including the reasonable costs of legal defense at the statutory rate—asserted against the provider due to unlawful or contractual violations by the customer.

 

12. Data Protection

 

The provider handles the personal data of its customers confidentially and in accordance with statutory data protection regulations. Further details are set out in the provider’s Privacy Policy.

 

13. Final Provisions

 

13.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), provided that this choice of law does not deprive a consumer with habitual residence in the EU of the protection afforded by mandatory provisions of the law of their country of residence.

 

13.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court having jurisdiction at the provider’s place of business shall be the competent court, unless an exclusive place of jurisdiction exists. The same shall apply if the customer has no place of residence within the European Union. The provider’s registered office is stated in the heading of these Terms and Conditions.

 

13.3 Should any provision of this contract be or become invalid or unenforceable, the remaining provisions shall not be affected thereby.

 

14. Information on Online Dispute Resolution / Consumer Arbitration

 

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

Our e-mail address can be found in the heading of these Terms and Conditions.

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