General terms and conditions for services with customer information

 

Table of Contents

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1. Scope

2. Conclusion of the contract

3. Right of withdrawal

4. Cancellation of appointments

5. Prices and terms of payment

6. Liability for defects

7. Applicable Law

8. Place of jurisdiction

9. Alternative dispute resolution

 

 

1) Scope

1.1 These general terms and conditions (hereinafter "GTC") of Life and Stars UG (limited liability) (hereinafter "provider") apply to all contracts for the provision of services that a consumer or entrepreneur (hereinafter "customer") with concludes with the provider with regard to the services presented by the provider on its website. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.

 

2) Conclusion of the contract

2.1 The service descriptions on the website of the provider do not represent binding offers on the part of the provider, but serve for the submission of a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated in the provider's website. After placing the selected services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the services contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The provider 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 email), whereby the customer's receipt of the order confirmation is decisive, or

- by starting the performance at the customer's request and notifying the customer of this, or

- by asking the customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the provider does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the provider's online order form, the contract text will be saved by the provider after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer's order has been sent. Any further provision of the contract text by the provider does not take place. If the customer has set up a user account on the provider's website before submitting his order, the order data will be archived on the provider's website and can be accessed free of charge by the customer via his password-protected user account by entering the relevant login data.

2.5 Before placing a binding order using the provider'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 enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.6 Only German and English are available for the conclusion of the contract.

2.7 Order processing and contact are usually made by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the provider can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the provider or third parties commissioned by the provider to process the order can be delivered.

 

3) right of withdrawal

Consumers generally have a right of withdrawal. Further information on the right of cancellation can be found in the provider's cancellation policy.

 

4) Cancellation of appointments

4.1 Irrespective of any existing statutory right of withdrawal, the provider grants the customer the right to cancel his appointment for a service by the provider free of charge in accordance with the following provisions (contractual right of withdrawal):

4.2 The customer can cancel his appointment up to Life and Stars UG (limited liability) before the start of the booked service without giving reasons by means of a declaration to the provider in text form (e.g. e-mail). The receipt of the declaration by the provider is decisive for compliance with the cancellation period. If the customer cancels his appointment in due time, the provider will reimburse him in full for any remuneration already paid within a period of two weeks from receipt of his declaration. For this, the provider can use the same means of payment that the customer used to pay the provider.

4.3 Any existing statutory right of withdrawal of the customer is not restricted by the above-regulated right of withdrawal.

 

5) Prices and terms of payment

5.1 Unless otherwise stated in the provider's description of services, the prices given are total prices. Sales tax is not shown because the provider is a small business owner within the meaning of Section 19 (1) UStG.

5.2 The payment option (s) and payment methods are communicated to the customer on the website of the provider.

 

6) Liability for defects

The provider is liable for defects in the service provided in accordance with the provisions of statutory liability for defects.

 

7) Applicable Law

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

7.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

 

8) place of jurisdiction

If the customer acts as a merchant, legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the provider's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the provider's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the provider is always entitled to call the court at the customer's registered office.

 

9) Alternative dispute resolution

9.1 The EU Commission provides a platform for online dispute resolution under 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 in which a consumer is involved.

9.2 The provider is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

General Terms and Conditions for digital content - online shop with Client Information

 

 

Table of Contents

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1. Scope of Application

2. Conclusion of the Contract

3. Right to Cancel

4. Remuneration

5. Provision of Digital Content

6. Granting Rights of Use for Digital Content

7. Liability for Defects

8. Applicable Law

9. Alternative Dispute Resolution

 

 

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Life and Stars UG (haftungsbeschränkt)  (hereinafter referred to as "Licensor") apply to all contracts for the delivery of data which is not contained on a tangible medium and which is produced and supplied in digital form (digital content), which a consumer or a trader (hereinafter referred to as "Licensee") concludes with the Licensor with regard to the digital content presented by the Licensor in his online shop. The inclusion of the Licensee's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 The subject of the contract is the provision of digital content offered by the Licensor to the Licensee in electronic form granting certain rights of use regulated specifically in these GTC.

1.3 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these GTC is any natural or legal person or company with legal personality acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction

 

2) Conclusion of the Contract

2.1 The content displayed in the Licensor’s online shop does not constitute a binding offer on the part of the Licensor, but is merely a description which allows the Licensee to submit a binding offer.

2.2 The Licensee may submit the offer via the online order form integrated into the Licensor' online shop. In doing so, after having placed the selected content in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Licensee submits a legally binding offer of contract with regard to the content contained in the virtual basket.

2.3 The Licensor may accept the Licensee’s offer within five days,

- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail), insofar as receipt of order confirmation by the Licensee is decisive, or

- by providing the Licensee with the ordered intent, insofar as receipt of the content by the Licensee is decisive, or

- by requesting the Licensee to pay after placing his order.

The contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Licensor not accept the Licensee's offer within the aforementioned period of time, this shall be deemed as rejecting the offer, with the effect that the Licensee is no longer bound by his statement of intent.

2.4 The period for acceptance of the offer shall commence on the day following the date on which the offer is submitted by the Licensee and shall end on the fifth day following the date on which the offer is submitted.

2.5 When submitting an offer via the Licensor's online order form, the text of the contract is stored by the Licensor after the contract has been concluded and transmitted to the Licensee in text form (e.g. e-mail, fax or letter) after the order has been sent. The Licensor shall not make the contract text accessible beyond this. If the Licensee has set up a user account in the Licensor's online shop prior to sending his order, the order data shall be stored on the Licensor's website and can be accessed by the Licensee free of charge via his password-protected user account by specifying the corresponding login data.

2.6 Prior to submitting a binding order via the online order form, the licensee may continuously correct his entries via the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window prior to the submission of a binding order and can also be corrected there using the usual keyboard and mouse functions.

2.7 The contractual language is German or English.

2.8 Order processing and contacting usually take place via e-mail and automated order processing. It is the Licensee’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Licensor can be received at this address. In particular, it is the Licensee`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Licensor or by third parties commissioned by the Licensor with the order processing can be delivered.

 

3) Right to Cancel

Consumers are entitled to the right to cancel. Detailed information about the right to cancel is provided in the Licensor’s instruction on cancellation.

 

4) Remuneration

4.1 For the granting of rights to the respective contents, the Licensor shall receive a flat-rate license fee, the amount of which shall be determined in the respective article description.

4.2 Prices indicated by the Licensor are total prices. Sales tax is not listed, since the Licensor is a small trader within the meaning of section 19, para 1 German Turnover Tax Act.

4.3 For payments in countries outside the European Union, additional costs may be incurred in individual cases for which the Licensor is not responsible, and which are to be borne by the Licensee. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).

4.4 The Licensee has various payment options at his disposal, which are specified in the Licensor's online shop.

4.5 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”) subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full.

 

5) Provision of Digital Content

The content is exclusively provided in electronic form by e-mail or by download from the Licensor's website.

 

6) Granting Rights of Use for Digital Content

6.1 Unless otherwise stated in the contents description contained in the Licensor's online shop, the Licensor grants the Licensee the non-exclusive, temporarily and regionally unlimited right to use the supplied content exclusively for private purposes.

6.2 Passing on of content or the production of copies to third parties outside the framework of these GTC is prohibited, unless the Licensor has consented to the transfer of the license covered by this contract to third parties.

6.3 The granting of rights will only be legally valid once the Licensee has paid in full the sum owned. The Licensor may provisionally permit the use of digital content covered by this contract already prior to that date. Such a provisional permit does not lead to a transfer of rights.

 

7) Liability for Defects

The statutory liability for defects shall apply.

 

8) Applicable Law

8.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

8.2 If the Licensee is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Licensor’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Licensee is domiciled outside the territory of the Federal Republic of Germany, the Licensor’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Licensee’s professional or commercial activities. In any event however, regarding the aforementioned cases the Licensor is entitled to appeal to the court which has jurisdiction over the area where the Licensee’ place of business is located.

 

9) Alternative Dispute Resolution

9.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

9.2 The Licensor is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.