GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

Table of Contents
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Granting of Usage Rights for Digital Content
Duration of Contract and Termination of Subscription Contracts
Retention of Title
Liability for Defects (Warranty)
Applicable Law
Alternative Dispute Resolution

1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Maradanny GbR (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or business owner (hereinafter "Customer") concludes with the Seller regarding the goods displayed by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC also apply to contracts for the provision of digital content, unless otherwise specified. Digital content within the meaning of these GTC are data that are created and provided in digital form.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

1.5 The subject matter of the contract may - depending on the description of the content by the Seller - be the one-time provision of digital content, as well as the regular provision of digital content (hereinafter "subscription contract"). In the case of a subscription contract, the Seller undertakes to provide the Customer with the contractually owed digital content at the contractually agreed intervals for the duration of the agreed term.

2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated in the Seller's online shop. After selecting the goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer by clicking the button that concludes the ordering process with regard to the goods contained in the shopping cart.

2.3 The Seller 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), in which case the receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives are available, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins on the day after the offer is sent by the Customer and ends on the fifth day after the offer is sent. If the Seller 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 selecting the payment method "Amazon Payments," the payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter "Amazon"), in accordance with the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, they also authorize Amazon to process the payment by clicking the button that concludes the ordering process. In this case, the Seller hereby accepts the Customer's offer at the time when the Customer initiates the payment process by clicking the button that concludes the ordering process.

2.5 The Seller stores the contract text after the contract is concluded and sends it to the Customer in text form (e.g. email, fax, or letter) after the Customer's order has been sent. The Seller does not provide further access to the contract text.

2.6 Before submitting the binding order via the Seller'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, which enlarges the display on the screen. The Customer can correct their entries using the usual keyboard and mouse functions during the electronic ordering process until they click the button that concludes the ordering process.

2.7 German language is available for the conclusion of the contract.

2.8 The order processing and contact are usually carried out by email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices. VAT is not shown as the Seller is a small business owner within the meaning of the German VAT Act. Any additional delivery and shipping costs that may arise are separately stated in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the Seller is not responsible for and which are to be borne by the Customer. These include, for example, costs for money transfer by financial institutions (e.g. transfer fees, exchange rate fees) or customs duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to money transfers if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.4 When selecting the payment method "IMMEDIATE Bank Transfer," the payment processing is handled by the payment service provider IMMEDIATE GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "IMMEDIATE"). To be able to pay the invoice amount via "IMMEDIATE," the Customer must have an online banking account that is activated for "IMMEDIATE," authenticate themselves accordingly during the payment process, and confirm the payment instruction to "IMMEDIATE." The payment transaction will then be carried out immediately by "IMMEDIATE" and the Customer's bank account will be debited. Further information on the payment method "IMMEDIATE" can be found on the internet at https://www.klarna.com/sofort/.

4.5 When selecting a payment method offered through the payment service "Wix Payments," the payment processing is handled by the payment service provider Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel (hereinafter "Wix"). The individual payment methods offered through Wix will be communicated to the Customer in the Seller's online shop. Wix may use other payment services to process payments, for which special payment conditions may apply, as separately notified to the Customer. Further information on Wix Payments can be found on the internet at https://de.wix.com/payments.

5) Delivery and Shipping Conditions
5.1 If the Seller offers the shipment of goods, the delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless agreed otherwise. The delivery address provided in the Seller's order processing is decisive for the transaction.

5.2 If the delivery of the goods fails for reasons that are the Customer's responsibility, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of shipping if the Customer effectively exercises their right of withdrawal. In the event of a valid exercise of the right of withdrawal by the Customer, the provision made in the Seller's cancellation policy shall apply to the return costs.

5.3 If the Customer acts as a business owner, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the carrier, the freight forwarder, or the person or institution appointed to carry out the shipment. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer upon delivery of the goods to the Customer or a person entitled to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as a consumer as soon as the Seller has delivered the goods to the carrier, the freight forwarder, or the person or institution appointed to carry out the shipment, if the Customer has commissioned the carrier, the freight forwarder, or the person or institution appointed to carry out the shipment to carry out the shipment and the Seller has not previously named that carrier, freight forwarder, or person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the responsibility of the Seller and the Seller has concluded a specific cover transaction with due care. The Seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Digital content is provided to the Customer as follows:

via direct access through the Seller's website
via download
6) Granting of Usage Rights for Digital Content
6.1 Unless otherwise specified in the content description in the Seller's online shop, the Seller grants the Customer the non-exclusive, unlimited, spatially and temporally unrestricted right to use the content for private as well as commercial purposes.

6.2 The transfer of content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed to the transfer of the contractual license to the third party.

6.3 If the contract relates to the one-time provision of digital content, the granting of rights is only effective once the Customer has fully paid the required fee. The Seller may also allow the use of the content before this time provisionally. Such provisional permission does not constitute a transfer of rights.

7) Duration of Contract and Termination of Subscription Contracts
7.1 Subscription contracts are concluded for a fixed term based on the contract term visible in the respective product description in the Seller's online shop and automatically end after the expiry of the contract term.

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

7.3 Terminations can be made in writing, in text form (e.g. by email), or electronically through the cancellation button provided by the Seller on their website.

8) Retention of Title
If the Seller makes advance payments, the Seller reserves ownership of the delivered goods until the full purchase price owed has been paid.

9) Liability for Defects (Warranty)
Unless otherwise stipulated in the following provisions, the statutory liability for defects applies. However, in the case of contracts for the delivery of goods:

9.1 If the Customer acts as a business owner,

the Seller has the choice of the type of subsequent performance;
the limitation period for defects for new goods is one year from the delivery of the goods;
any rights and claims for defects are excluded for used goods;
the limitation period does not restart if a replacement delivery is made as part of the liability for defects.
9.2 The liability limitations and shortening of deadlines mentioned above do not apply

to Customer's claims for damages and reimbursement of expenses,
in the event the Seller has fraudulently concealed the defect,
to goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness,
for any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
9.3 Furthermore, for business owners, the statutory limitation periods for any existing legal right to recourse remain unaffected.

9.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty to examine and give notice of defects in accordance with § 377 HGB. If the Customer fails to fulfill the notification obligations regulated therein, the goods will be deemed approved.

9.5 If the Customer acts as a consumer, they are requested to report any obvious transport damage to the deliverer and inform the Seller thereof. Failure to do so will have no effect on the Customer's legal or contractual warranty claims.

10) Applicable Law
The legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of 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 his habitual residence is not withdrawn.

11) Alternative Dispute Resolution
11.1 The European Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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