General Terms and Conditions with Customer Information

 

General Terms and Conditions with Customer Information

  1. Scope of application
  2. Offers and service descriptions
  3. Order process and conclusion of contract
  4. Prices and shipping costs
  5. Delivery, availability of goods
  6. Payment modalities
  7. Reservation of proprietary rights
  8. Warranty for material defects and guarantee
  9. Liability
  10. Storage of the contract text
  11. Final provisions

 

  1. Scope of application

 1.1 For the business relationship between Ayleen Lyschamaya (Scheffler-Hadenfeldt), Walter-Friedrich-Straße 41, 13125 Berlin, Germany, phone: 0493094392281, e-mail: ayleen-lyschamaya@web.de, https://new-age-enlightenment.com, (hereinafter referred to as “seller”) and the buyer respectively consumer or customer (hereinafter referred to as “customer”), the following General Terms and Conditions apply exclusively in the version valid at the time of the order.

1.2 Customer in the sense of these General Terms and Conditions is any natural person, who concludes a legal transaction for a purpose that can predominantly be attributed neither to her/his commercial nor to her/his self-employed professional activity (§ 13 BGB).

1.3 Individual agreements made with the customer in individual cases (including collateral agreements, supplements and amendments) in any case take precedence over these Terms and Conditions of Sale. Subject to proof to the contrary, a written contract or my written confirmation is authoritative for the content of such agreements.

1.4 All books, especially e-books, and downloads are copyright protected. They are exclusively allowed to be used by the customer, but this on any number of end devices. The distribution of the products, especially their provision on the internet, is prohibited. My books and downloads are to be passed on from Universal to earthly, but not as theft on the structural layer.

In this respect, damage compensation of 500 Euro per violation is agreed. It is up to the customer to prove a lower damage. The seller can prove a higher damage.

 

  1. Offers and service descriptions

 The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.

All offers are valid “while stocks last”, unless otherwise noted with the products. Errors and omissions remain excepted.

 

  1. Order process and conclusion of contract

 3.1 The customer can select products from the seller’s assortment without obligation and collect them in a so-called shopping cart by clicking the button [add to shopping cart]. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the customer can proceed to the conclusion of the order process within the shopping cart via the button [continue to checkout].

3.2 By clicking the button [order with obligation to pay], the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the ordering process altogether. Necessary data are marked with an asterisk (*).

3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “print” function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is concluded when the product is downloaded.

3.4 If the seller allows payment in advance, the contract is concluded upon provision of the bank details and request for payment. If the payment is not received by the seller within 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. The order is then completed for the customer and seller without further consequences. A reservation of the article in the case of advance payment is therefore made for a maximum of 10 calendar days.

 

  1. Prices and shipping costs

 4.1 All prices stated on the seller’s website are inclusive of the applicable German statutory sales tax of zero. In the case of export deliveries from Germany to the EU, the delivery threshold of 10,000 Euros applies, up to which taxation remains in Germany. In Germany Ayleen Lyschamaya is exempt from VAT as a small entrepreneur according to §19 Abs. 1 UStG. In the case of export deliveries to third countries, the German VAT is not applicable.

4.2 There are no shipping costs for downloads.

4.3. The base currency is Euro. For the store, the individual products and the shopping cart there is – without guarantee – the possibility to display the prices in other currencies. For the conversion the plugin WooCurrency is used. In which currencies can be paid and how the conversion is done, is determined by the service PayPal.

 

  1. Delivery, availability of goods

 5.1 If advance payment has been agreed, delivery will be made after receipt of the invoice amount. This means, the product can be downloaded.

5.2 If the delivery of the goods fails through technical fault despite three delivery attempts, both sides may withdraw from the contract. The customer has to proof that the three download attempts failed. Any payments made will be refunded to the customer.

 

  1. Payment modalities

 6.1 The customer can choose from the available payment methods within the framework of and before the completion of the order process. The means of payment that are made available, are those that PayPal offers in the respective country.

6.2 If payment by invoice is possible, payment must be made within the conditions of PayPal.

6.3 As the third-party provider PayPal is commissioned with the payment processing, the General Terms and Conditions of PayPal apply.

6.4 If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case the customer has to pay the legal default interest.

6.5 The customer’s obligation to pay default interest does not preclude the seller from asserting further claims for damages caused by default.

6.6 The customer has only a right to set-off if her/his counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

 

  1. Reservation of proprietary rights

 Until full payment, the delivered goods remain the property of the seller.

 

  1. Warranty for material defects and guarantee

 8.1 The warranty is governed by statutory provisions.

8.2 Further guarantee for the goods delivered by the seller exists only if it has been expressly given in written form.

 

  1. Liability

 9.1 The following points 9.2 to 9.5 exclusions and limitations of liability, without prejudice to the other statutory conditions for claims, apply to the seller’s liability for damages. The points 9.6 and 9.7 apply to the customer’s liability for damages.

9.2 The seller is liable without limitation only insofar as the cause of the damage is based on intent or gross negligence.

9.3 The seller is only liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable damage typical for the contract. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

9.4 The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. The liability of the Product Liability Act remains unaffected.

9.5 Insofar as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

9.6 The customer is liable for copyright infringement with damages of 500 Euro per violation, see point 1.4 of these terms and conditions. It is up to the customer to prove a lower damage. The seller can prove a higher damage.

9.7 Technical requirements: The customer must ensure that the technical and actual requirements for receiving the products are met on her/his side. Likewise, it is the responsibility of the customer to provide suitable software that enables proper opening, administration, editing and printing of the files and content. If the conditions for the receipt and use of the products are not met, the customer is responsible for any damage incurred, unless she/he proves that there is no such connection.

 

  1. Storage of the contract text

 10.1 The customer can print out the text of the contract before submitting the order to the seller by using the print function of her/his browser in the last step of the order.

10.2 The seller sends the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, the customer will also receive a copy of the terms and conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our store, you can view your orders in your profile area. In addition, we store the contract text, but do not make it available on the internet.

 

  1. Final provisions

11.1 German law applies to the purchase contracts.

11.2 The place of jurisdiction is the seller’s place of residence.

11.3 The seller is not obliged to, but, in principle, is willing to participate in a dispute resolution procedure before a consumer arbitration board. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. The participation will be decided in the specific individual case.

11.4 Severability clause as reference to § 306 BGB

 

Further to the Cancellation policy or to the Privacy statement

Value added tax is not collected, as small businesses according to §19 (1) UStG.