(As of March 2020)

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My Cottage Garden
Sarah Stiller
Wörthseestraße 3a
82211 Herrsching

www.mycottagegarden.de

(hereinafter referred to as provider)

1. Scope
1. 1.1. The services of the provider for the online shop under the above URL are provided exclusively on the basis of the following general terms and conditions in the version valid at the time of the order.
2. 1.2. Our general terms and conditions apply exclusively. Any general terms and conditions of the customer that deviate from our general terms and conditions are not valid unless we expressly agree to them.

1. conclusion of the contract
1. 2.1. Our offers on the Internet represent a non-binding invitation to the customer to order our products, services or digital content (online courses). By submitting the order (clicking on the "Buy Now" button) on our website, the customer makes a binding offer to conclude a contract.
2. 2.2. When selling digital content, we can declare acceptance within five days by sending a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by you is decisive, or by allowing you to download or stream the digital content, or by requesting payment after placing the order (e.g. for PayPal payments). If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If we do not declare acceptance within the aforementioned period, this shall be deemed a rejection with the consequence that you are no longer bound by your declaration of intent.
3. 2.3. When submitting an offer via the provider's online order form, the contract text is saved by the provider and sent to the customer after sending their order together with these terms and conditions in text form (e.g. email, fax or letter). In addition, the contract text is archived on the provider's website and can be accessed free of charge by the customer via their password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the provider's online shop before sending their order.
4. 2.4. Before the binding submission of the order via the provider's online order form, the customer can correct his entries at any time 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.
5. 2.5. Only the German language is available for the conclusion of the contract.

1. Special provisions for the sale of digital content (online courses)
1. 3.1 This clause also applies to the purchase of digital content on our website.
2. 3.2. The subject matter of the contract for the sale of digital content is the transfer of a simple, temporally and spatially unlimited right of use to the digital content. The customer is not entitled to physically or electronically reproduce the digital content provided, to make it publicly accessible and/or to provide copies to third parties. Unless otherwise agreed, the digital content is provided exclusively for private use, so that commercial use without express permission is not permitted. The transfer of the rights of use only takes place upon full payment of the contractually owed remuneration. If we make the digital content available to the customer before this point in time, this is not to be regarded as an implied transfer of rights of use.

1. right of withdrawal

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in our cancellation policy .

The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

payment, default

1. The prices listed on our website at the time of ordering apply. All prices include VAT plus the shipping costs listed.
2. The purchase price can be paid in advance, with PayPal, by credit card (via Stripe), Shopify Payments and instant bank transfer (Sofort). If advance payment is agreed, payment is due immediately after conclusion of the contract. If you select the payment method "PayPal", 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 under the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full . If you select the payment method "credit card", payment processing is carried out via the payment service provider Stripe Payments Europe, Ltd. under the STRIPE terms of use, which can be viewed at https://stripe.com/de/connect/legal . - or Shopify Payments, which can be viewed at https://www.shopify.de/legal/datenschutz
3. If you select the payment method "SOFORT", payment processing will be carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "SOFORT"), to whom we pass on the information you provided during the ordering process along with the information about your order in accordance with Art. 6 Paragraph 1 Letter b of GDPR. Sofort GmbH is part of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden). Your data will be passed on exclusively for the purpose of payment processing with the payment service provider SOFORT and only to the extent that it is necessary for this purpose. You can find further information about SOFORT's data protection provisions at the following internet address: https://www.klarna.com/sofort/datenschutz.

4. If you select the payment method “credit card”, payment will be processed via the payment service provider Stripe Payments Europe, Ltd. in accordance with the STRIPE terms of use, which can be viewed at https://stripe.com/de/connect/legal .

1. 5.3. If the customer defaults on payment, we are entitled to demand default interest of five percentage points above the base interest rate of the European Central Bank. In the event that we claim further damages due to default, the customer has the opportunity to prove that the damages claimed did not occur at all or were lower.

1. warranty

The provisions of statutory liability for defects apply. The following applies in deviation from this:

1. 6.1. For entrepreneurs

• an insignificant defect does not generally give rise to any claims for defects;
  
• the provider has the choice of the type of subsequent performance;
  
• For new goods, the limitation period for defects is one year from the transfer of risk;
• In the case of used goods, rights and claims due to defects are generally excluded;
  
• The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

1. 6.2. The limitations of liability and reductions in limitation periods set out above do not apply

• for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
• for damages resulting from injury to life, body or health resulting from an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider,
• for other damages that are based on an intentional or grossly negligent breach of duty by the provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
  
• in the event that the provider has fraudulently concealed the defect.

1. 6.3. Furthermore, for entrepreneurs, the statutory limitation periods for the recourse claim pursuant to Section 478 of the German Civil Code (BGB) remain unaffected.

1. Liability
1. 7.1. The provider is liable to the customer for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
1. The provider is liable without limitation for any legal reason in the event of intent or gross negligence,
   in the event of intentional or negligent injury to life, body or health,
   due to a guarantee promise, unless otherwise regulated in this regard, or due to mandatory liability such as under the Product Liability Act.
2. If the provider negligently breaches a material contractual obligation, liability is limited to the damage that is typical for the contract and foreseeable, unless unlimited liability applies in accordance with the above paragraph. Material contractual obligations are obligations that the contract imposes on the provider in accordance with its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.
3. Otherwise, the provider’s liability is excluded.
4. The above liability regulations also apply with regard to the liability of the provider for its vicarious agents and legal representatives.
2. 7.2. The customer indemnifies the provider against any claims by third parties – including the costs of legal defense in their statutory amount – that are asserted against the provider due to unlawful or contractually-violating actions by the customer.

1. data protection

We treat your personal data confidentially and in accordance with the statutory data protection regulations. Your data will not be passed on without your express consent or will only be passed on within the scope of the necessary processing of the contract, for example to the companies entrusted with the delivery of the goods. For more information, see our privacy policy .

1. final provisions
1. 9.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, unless this choice of law results in a consumer being deprived of mandatory consumer protection standards.
2. 9.2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at our registered office has jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer does not have a place of residence within the European Union. The registered office of our company can be found in the heading of these General Terms and Conditions.
3. 9.3 If any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions of this Agreement shall remain unaffected.

1. Information on online dispute resolution / consumer arbitration

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 the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obliged to participate in a consumer dispute resolution procedure under the VSBG.

Our email address can be found in the heading of these Terms and Conditions.