Terms & Conditions

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.

Rechtsverbindliche Originalversion "Allgemeine Geschäftsbedingungen" (Deutsch)

Terms and Conditions with Customer Information Table of Contents

Scope Conclusion of Contract Right of Withdrawal Prices and Terms of Payment Provision of Content Granting of Usage Rights for Digital Content Contract Duration and Termination for Subscription Contracts Liability for Defects Applicable Law Alternative Dispute Resolution

  1. Scope 1.1 These General Terms and Conditions (hereinafter "GTC") of Dr. Christa Gescher, operating under "Dr. Christa Gescher" (hereinafter "Merchant"), apply to all contracts for the provision of digital content concluded by a consumer or merchant (hereinafter "Customer") with the Merchant regarding the content described in the Merchant's 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 concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. 1.3 A merchant 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 matter of the contract may – depending on the Merchant's content description – be either the one-time provision of digital content or the regular provision of digital content (hereinafter "Subscription Contract"). In the case of a subscription contract, the Merchant undertakes to provide the Customer with the digitally owed 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 Merchant's online shop does not constitute binding offers by the Merchant, but serves to enable the Customer to submit a binding offer. 2.2 The Customer can submit the offer via the online ordering form integrated into the Merchant's online shop. After placing the selected content into the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer regarding the content in the shopping cart by clicking the button that concludes the ordering process. 2.3 The Merchant may accept the Customer's offer within five days by:

  • transmitting a written order confirmation or an order confirmation in text form (fax or email) to the Customer, whereby the receipt of the order confirmation by the Customer is decisive, or

  • providing the ordered content to the Customer, or

  • requesting the Customer to pay after submitting their order. 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 accepting the offer begins on the day after the Customer sends the offer and ends upon the expiry of the fifth day following the sending of the offer. If the Merchant 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 an offer is submitted via the Merchant's online order form, the contract text is saved by the Merchant after the conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax, or letter) after the order has been sent. No further accessibility of the contract text is provided by the Merchant. If the Customer has set up a user account in the Merchant's online shop prior to sending their order, the order data is archived on the Merchant's website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login data. 2.5 Before bindingly submitting the order via the Merchant's online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better recognition of input errors can be the browser's zoom function, which helps enlarge 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 is generally automated and carried out via email. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Merchant can be received at this address.

  1. Right of Withdrawal Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the Merchant's cancellation policy.

  2. Prices and Terms of Payment 4.1 The prices stated by the Merchant are total prices and include statutory value-added tax. 4.2 For payments in countries outside the European Union, additional costs may arise in individual cases for which the Merchant is not responsible and which must be borne by the Customer. These include, for example, costs for money transfer through credit institutions (e.g., transfer fees, exchange rate fees). 4.3 Payment options are specified in the Merchant's online shop. 4.4 When selecting the payment method Direct Debit via Stripe, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe collects the invoice amount from the Customer's bank account after issuing a SEPA direct debit mandate, but not before the expiration of the deadline for pre-notification on behalf of the seller. Pre-notification is any communication (e.g., invoice, policy, contract) to the Customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account balance or 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 incurred by the respective credit institution's chargeback if they are responsible for it. The seller reserves the right to conduct 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 handled by 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 conduct a credit check and to reject this payment method in the event of a negative credit check.

  3. Provision of Content Digital content is provided to the Customer as follows:

  • via direct access through the Merchant's website

  • via download

  • via email

  1. Granting of Usage Rights for Digital Content 6.1 Unless otherwise stated in the content description in the Merchant's online shop, the Merchant 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 creating copies for third parties outside the scope of these GTC is not permitted unless the Merchant has agreed to a transfer of the contractually underlying license to the third party. 6.3 If the contract relates to the one-time provision of digital content, the grant of rights shall only become effective when the Customer has paid the contractually owed remuneration in full. The Merchant may provisionally permit the use of the content subject to the contract even before this point in time. No transfer of rights takes place through such provisional permission.

  2. Contract Duration and Termination for Subscription Contracts 7.1 The right to extraordinary termination for good cause remains unaffected. Good cause exists if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiration of a notice period. 7.2 Terminations must be made in writing or in text form (e.g., via email).

  3. Liability for Defects Statutory liability for defects applies.

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

  5. Alternative Dispute Resolution The Merchant is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.