Disclaimer: The original version of this legal document is in German and legally binding under German law. This English version is a non-binding translation provided for convenience.

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General Terms and Conditions with Customer Information

Table of Contents

1. Scope

2. Conclusion of Contract

3. Right of Withdrawal

4. Prices and Payment Terms

5. Provision of Content

6. Granting of Usage Rights

7. Contract Duration and Termination for Subscription Contracts

8. Liability for Defects

9. Applicable Law

10. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Dr. Christa Gescher, operating under "Dr. Christa Gescher" (hereinafter "Entrepreneur"), apply to all contracts for the provision of digital content that a consumer or entrepreneur (hereinafter "Customer") concludes with the Entrepreneur regarding the content described by the Entrepreneur in their online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.3 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.

1.4 The subject of the contract may be - depending on the content description of the Entrepreneur - both the one-time provision of digital content and the regular provision of digital content (hereinafter "Subscription Contract"). In the Subscription Contract, the Entrepreneur undertakes to provide the Customer with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed time intervals.

2) Conclusion of Contract

2.1 The content described in the Entrepreneur's online shop does not constitute binding offers on the part of the Entrepreneur, but serves 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 Entrepreneur's online shop. After placing the selected content in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer in relation to the content contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Entrepreneur 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, or
• by providing the ordered content to the Customer, or
• by requesting payment from the Customer after they have submitted their 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 at the end of the fifth day following the sending of the offer. If the Entrepreneur does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the Entrepreneur's online order form, the contract text will be stored by the Entrepreneur 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 their order. The Entrepreneur will not make the contract text accessible beyond this. If the Customer has set up a user account in the Entrepreneur's online shop before sending their order, the order data will be archived on the Entrepreneur's website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login data.

2.5 Before submitting a binding order via the Entrepreneur'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 recognition of input errors can be the browser's magnification function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.6 The German language is available for the conclusion of the contract.

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

3) Right of Withdrawal

Consumers generally have a right of withdrawal. More detailed information on the right of withdrawal can be found in the Entrepreneur's withdrawal instructions.

4) Prices and Payment Terms

4.1 The prices stated by the Entrepreneur are total prices and include statutory value-added tax.

4.2 For payments in countries outside the European Union, additional costs may be incurred in individual cases, which the Entrepreneur is not responsible for and which must be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees).

4.3 The payment options are indicated in the Entrepreneur's online shop.

4.4 When selecting the payment method direct debit via Stripe, payment processing is carried out through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, after granting a SEPA direct debit mandate, but not before the expiry of the deadline for the advance information, Stripe will collect the invoice amount from the Customer's bank account on behalf of the seller. Advance information ("Pre-Notification") is any communication (e.g., invoice, policy, contract) to the Customer that announces a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the provision of incorrect bank details, or if the Customer objects to the debit although they are not entitled to do so, the Customer shall bear the fees arising from the reversal of the respective credit institution if they are responsible for this. The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method in the event of a negative credit check.

4.5 When selecting the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check.

5) Provision of Content

Digital content is provided to the Customer as follows:

• by direct access via the Entrepreneur's website
• by download
• by e-mail

6) Granting of Usage Rights

6.1 Unless otherwise stated in the content description in the Entrepreneur's online shop, the Entrepreneur grants the Customer the non-exclusive right to use the provided content exclusively for private purposes.

6.2 Passing on the content to third parties or making copies for third parties outside the scope of these GTC is not permitted, unless the Entrepreneur has 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 the Customer has paid the contractually owed remuneration in full. The Entrepreneur may provisionally allow the use of the contractual content even before this time. No transfer of rights takes place through such provisional permission.

7) Contract Duration and Termination for Subscription Contracts

7.1 Subscription contracts are concluded for a fixed term, for the contract duration apparent from the respective content description in the Entrepreneur's online shop, and end automatically after the contract duration has expired.

7.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

7.3 Terminations must be made in writing or in text form (e.g., by e-mail).

8) Liability for Defects

The statutory liability for defects applies.

9) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10) Alternative Dispute Resolution

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

Copyright notice: These GTC were created by the specialist lawyers of the IT Law Firm and are protected by copyright (https://www.it-recht-kanzlei.de)

Status: April 12, 2025, 02:35:02