Conditions

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General terms and conditions with customer information
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Table of Contents
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1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Remuneration
5. Surrender of content
6. Granting of rights of use
7. Liability for defects
8. Applicable law
9. Alternative dispute resolution


1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Ralf Kaiser, trading under "TheBedtimeStory.online" (hereinafter "Licensor"), apply to all contracts for the delivery of data that are not on a physical data carrier, which are produced in digital form and are provided (digital content) that a consumer or entrepreneur (hereinafter "licensee") concludes with the licensor with regard to the digital content presented by the licensor in its online shop. We hereby object to the inclusion of the licensee's own terms, unless otherwise agreed.
1.2 The subject of the contract is the transfer of the digital content offered by the licensor to the licensee in electronic form, granting certain rights of use that are more precisely regulated in these terms and conditions.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can largely be attributed neither to their commercial nor their independent professional activity. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.

2) Conclusion of contract
2.1 The content published in the Licensor's online shop does not constitute binding offers on the part of the Licensor, but serves to submit a binding offer by the Licensee.
2.2 The licensee can submit the offer via the online order form integrated in the licensor's online shop. After placing the selected content in the virtual shopping cart and going through the electronic ordering process, the licensee submits a legally binding contract offer with regard to the content contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The licensor can accept the offer of the licensee within five days,
- by sending the licensee a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the licensee is decisive, or
- by providing the licensee with the ordered content, whereby access by the licensee is decisive, or
- by requesting payment from the licensee after submitting his order.
If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. If the licensor does not accept the offer of the licensee within the aforementioned period, this is regarded as a rejection of the offer, with the result that the licensee is no longer bound by his declaration of intent.
2.4 If the payment method "PayPal Express" is selected, payment processing takes place via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), with the validity of PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the conditions for payments without a PayPal account , can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method as part of the online order process, he also issues a payment order to PayPal by clicking the button that concludes the order process. In this case, the seller, in deviation from section 2.3, already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the order process.
2.5 The period for accepting the offer begins on the day after the offer has been sent by the licensee and ends at the end of the fifth day after the offer has been sent.
2.6 When submitting an offer via the licensor's online order form, the contract text is saved by the licensor after the contract is concluded and sent to the licensee in text form (e.g. email, fax or letter) after the order has been sent. The licensor will not make the contract text accessible beyond this.
2.7 Before the binding submission of the order via the online order form, the licensee can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the licensor can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the licensor or by third parties commissioned 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 cancellation policy of the licensor.

4) Remuneration
4.1 For the granting of rights to the respective content, the licensor receives a flat-rate license fee, the amount of which results from the respective article description.
4.2 The prices given by the licensor are total prices and include the statutory value added tax.
4.3 In individual cases, payments in countries outside the European Union may incur additional costs 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 that are specified in the licensor's online shop.
4.5 If prepayment has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date.
4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out via the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: "Shopify" ). The individual payment methods offered via Shopify are communicated to the licensee in the licensor's online shop. Shopify can use other payment services to process payments, to which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.de/payments.
4.7 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for prior information has expired. The direct debit is collected when the ordered content is sent to the licensee by email or made available by download, but not before the deadline for prior information has expired. Preliminary information ("Pre-Notification") is any notification (eg invoice, policy, contract) from the licensor to the licensee that announces a debit by means of SEPA direct debit. If the direct debit is not redeemed due to insufficient account funds or due to the provision of an incorrect bank account or if the licensee objects to the debit, although he is not authorized to do so, the licensee must bear the fees incurred by the chargeback of the respective credit institution if he is responsible for this .
4.8 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for prior information has expired. The direct debit is collected when the ordered content is sent to the licensee by email or made available by download, but not before the deadline for prior information has expired. Preliminary information ("Pre-Notification") is any notification (eg invoice, policy, contract) from the licensor to the licensee that announces a debit by means of SEPA direct debit. If the direct debit is not redeemed due to insufficient account funds or due to the provision of an incorrect bank account or if the licensee objects to the debit, although he is not authorized to do so, the licensee must bear the fees arising from the chargeback of the respective credit institution if he is responsible for this . The licenser reserves the right to carry out a credit check when selecting the SEPA direct debit payment type and to reject this payment type if the credit check is negative.
4.9 If the "PayPal direct debit" payment method is selected, PayPal will debit the invoice amount from the licensee's bank account after issuing a SEPA direct debit mandate, but not before the expiry of the period for prior information on behalf of the licensor. Preliminary information ("pre-notification") is any notification (eg invoice, policy, contract) to the licensee that announces a debit by means of SEPA direct debit. If the direct debit is not redeemed due to insufficient account funds or due to the provision of an incorrect bank account or if the licensee objects to the debit, although he is not authorized to do so, the licensee must bear the fees arising from the chargeback of the respective credit institution if he is responsible for this .
4.10 If the payment method "PayPal" is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available at https: // www.paypal.com/de/webapps/mpp/ua/useragreement-full.

5) Surrender of content
The content is provided exclusively in electronic form by email or by download from the licensor's website.

6) Granting of usage rights
6.1 Unless otherwise stated in the content description in the Licensor's online shop, the Licensor grants the licensee the non-exclusive, local and temporally unlimited right to use the content provided for private purposes only.
6.2 Passing on the content to third parties or making copies for third parties outside the scope of these terms and conditions is not permitted unless the licensor has agreed to transfer the contractual license to the third party.
6.3 The granting of rights only becomes effective when the licensee has paid the contractually owed remuneration in full. The licensor can provisionally allow the contractual content to be used before this point in time. Such a provisional permit does not result in a transfer of rights.

7) Liability for defects
Statutory liability for defects applies.

8) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships of the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.

9) Alternative dispute resolution
9.1 The EU 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 out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
9.2 The licensor is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Language
German
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