General terms and conditions of business

§ 1 Validity, definitions

(1) Johanna Auth (jojoscherbatsky), c/o IP-Management #4178, Ludwig-Erhard-Str. 18, 20459 Hamburg, Germany (hereinafter: "we" or "jojoscherbatsky") operates an online shop for goods and digital products at https://www.readersanddreamers.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed. (2) "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 independent professional activity. "Entrepreneur" is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.

§ 2 Conclusion of contracts, storage of the contract text

(1) The following provisions on the conclusion of the contract apply to orders placed via our online shop at https://www.jojoscherbatsky.com. (2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract. (3) Upon receipt of an order in our online shop, the following provisions apply: The customer submits a binding contractual offer by successfully completing the ordering process provided in our online shop. The order is placed in the following steps:

1. Selection of the desired goods, digital goods,
2. Adding the products by clicking on the corresponding button (e.g. “Add to cart”, “Add to shopping bag” or similar),
3. Checking the information in the shopping cart,
4. Calling up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
5. Entering/checking address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
7. Complete your order by clicking the "Buy now" button. This constitutes your binding order.
8. The contract is concluded when you receive an order confirmation from us to the specified e-mail address within three working days.

(4) In the event of conclusion of the contract, the contract is concluded with Johanna Auth (jojoscherbatsky), Lindenstraße 16 in 36103 Flieden, Germany. (5) Before placing an order, the contract details can be printed out using the browser's print function or saved electronically. The order processing and transmission of all information required in connection with the conclusion of the contract, in particular the order details, the General Terms and Conditions, and the cancellation policy, will be carried out via email after you have placed the order, partly automatically. We do not save the contract text after the contract has been concluded. (6) Input errors can be corrected using standard keyboard, mouse, and browser functions (e.g., the browser's "back button"). They can also be corrected by prematurely aborting the order process, closing the browser window, and repeating the process. (7) The processing of orders and the transmission of all information required in connection with the conclusion of the contract are partially automated via email. You must therefore ensure that the email address you have provided us with is correct, that receipt of emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.

§ 3 Subject of the contract and essential characteristics of the products

(1) The subject matter of our online shop is:

1. The sale of goods. The specific goods offered can be found on our product pages.
2. The sale of digital goods, such as software or media downloads. You can find the specific digital goods offered on our product pages.

(2) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory obligation to update is not effectively excluded by contract, the functional updates and necessary security updates shall also be part of the contract. (3) The essential characteristics of the goods and digital goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and usage requirements, this will be expressly stated in the item description (negative quality agreement). If the customer has given their express consent to the negative quality deviation, this defines the subject matter of the contract. (4) The sale of digital products is subject to the restrictions stated in the product description or otherwise arising from the circumstances, particularly regarding hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is solely the private and commercial use of the products, without the right to resale or sublicense.

§ 4 Prices, shipping costs and delivery

(1) The prices and shipping costs stated in the respective offers are total prices and include all price components including all applicable taxes. (2) The respective purchase price must be paid before delivery of the product (prepayment), unless we expressly offer purchase on account. The payment methods available to you are indicated under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due immediately. (3) When purchasing on account, the minimum order value for this payment method is € 0.00 . (4) In addition to the stated prices, shipping costs may apply for the delivery of products unless the respective item is marked as free of shipping costs. The shipping costs will be clearly communicated to you on the offers, in the shopping cart system, if applicable, and on the order overview. (5) Unless clearly stated otherwise in the product description, all products offered are ready for immediate dispatch (delivery time: 14-21 working days after receipt of payment or after receipt of the order in the case of purchase on account). (6) Delivery takes place worldwide.

§ 5 Updates, updates, consumer’s duty to cooperate

(1) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory obligation to update is not contractually effectively excluded, the customer will be provided with regular updates that ensure the functionality and (IT) security of the purchased item (e.g. security updates against new security threats, etc.). (2) We are authorized to use a third party (e.g. the manufacturer or its supplier) to provide the updates. (3) The period during which updates are provided depends on the type of purchased item and is explained in the item description. (4) Consumers will be informed about the availability of updates and how to install them properly. (5) The customer is obliged to install provided updates properly according to the installation instructions.

§ 6 Right of retention, retention of title

(1) You may only exercise a right of retention if the claims arise from the same contractual relationship. (2) The goods remain our property until the purchase price has been paid in full.

§ 7 Right of withdrawal

As a consumer, you have a right of withdrawal. This is governed by our cancellation policy .

§ 8 Liability

(1) Subject to the following exceptions, our liability for breaches of contractual obligations and tortious acts is limited to intent or gross negligence. (2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb, or health, or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible, or if we have breached a material contractual obligation, liability for resulting material damage and financial loss is limited to the damage typically foreseeable under the contract . A material contractual obligation is one whose fulfillment is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the contractual purpose, and on whose compliance you can regularly rely. This includes, in particular, our obligation to act and fulfill the contractually owed service, which is described in Section 3. (3) If, when purchasing goods with digital elements or when purchasing digital products (digital content and services), the customer fails to install an update that was made available to him and about whose availability he was informed within a reasonable period of time, we shall not be liable for a material defect that is solely due to the lack of this update.

§ 9 Contract language

The contract language is exclusively German.

§ 10 Warranty

(1) The warranty is governed by the statutory provisions. (2) For entrepreneurs, the warranty period for delivered goods shall be 12 months. (3) As a consumer, you are requested to immediately inspect the item/digital goods or the provided service upon fulfillment of the contract for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will, of course, have no effect on your statutory warranty claims.

§ 11 Final provisions/dispute settlement

(1) German law shall apply. For consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence (favorability principle). (2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply. (3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider. (4)