1. Scope, Subject Matter of the Contract
2. Conclusion of the Contract
3. Right of Withdrawal
4. Compensation
5. Provision of Content
6. Granting of Usage Rights
7. Liability for Defects
8. Applicable Law, Jurisdiction
9. Information on Online Dispute Resolution

1. Scope, subject matter of the contract

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Barbara Bertolini" (hereinafter referred to as "Licensor") apply to all contracts for the supply of data not stored on a physical data carrier, which are produced and provided in digital form (digital content), that a consumer or entrepreneur (hereinafter referred to as "Licensee") concludes with the Licensor regarding the digital content displayed by the Licensor in their online shop. The inclusion of the Licensee's own terms and conditions is hereby contradicted, unless otherwise agreed.

1.2 The subject matter of the contract is the provision of the digital content offered by the Licensor to the Licensee in electronic form, granting certain usage rights as more precisely regulated in these GTC.

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 outside their trade, business, or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership that acts in the exercise of their trade, business, or profession when concluding a legal transaction.

2. Conclusion of the contract

2.1 The content published in the Licensor's online shop does not constitute binding offers by the Licensor, but serves as an invitation for the Licensee to submit a binding offer.

2.2 The Licensee can submit the offer via the online order form integrated into the Licensor's online shop. By placing the selected content in the virtual shopping cart and completing the electronic ordering process, the Licensee submits a legally binding contract offer for the content contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Licensor can accept the Licensee's offer within five days by:

• by sending the Licensee a written order confirmation or an order confirmation in text form (fax or email), with the receipt of the order confirmation by the Licensee being decisive, or
• by providing the Licensee with the ordered content, with the receipt by the Licensee being decisive, or
• by requesting payment from the Licensee after the Licensee has placed the order.

If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives first occurs. If the Licensor does not accept the Licensee's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the Licensee is no longer bound by their declaration of intent.

2.4 The period for accepting the offer begins on the day after the offer is sent by the Licensee and ends at the close of the fifth day following the day the offer was sent.

2.5 When submitting an offer via the Licensor's online order form, the contract text is stored by the Licensor and sent to the Licensee in text form (e.g., email, fax, or letter) along with these GTC after the Licensee has submitted their order. Additionally, the contract text is archived on the Licensor's website and can be accessed by the Licensee free of charge via their password-protected user account, provided the Licensee created a user account in the Licensor's online shop before submitting their order.

2.6 Before submitting a binding order via the Licensor's online order form, the Licensee can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognizing input errors can be the zoom function of the browser, which enlarges the display on the screen. The Licensee can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Order processing and contact usually take place via email and automated order processing. The Licensee must ensure that the email address provided for order processing is correct so that emails sent by the Licensor can be received at this address. In particular, when using spam filters, the Licensee must ensure that all emails sent by the Licensor can be delivered.

3. Right of withdrawal

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Licensor's withdrawal policy.

4. Compensation

4.1 For the granting of rights to the respective content, the Licensor receives a flat license fee, the amount of which is determined by the respective item description.

4.2 The prices stated by the Licensor are total prices and include the statutory value-added tax.

4.3 For payments in countries outside the European Union, additional costs may arise in individual cases, which are not the responsibility of the Licensor and are to be borne by the Licensee. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees).

4.4 The Licensee has various payment options available, which are specified in the Licensor's online shop.

4.5 If advance payment by bank transfer is agreed, the payment is due immediately after the conclusion of the contract, unless otherwise agreed by the parties.

4.6 If the "purchase on account" payment method is selected, the payment is due within 30 (thirty) days from receipt of the invoice without deduction, unless otherwise agreed. The Licensor reserves the right to conduct a credit check when the "purchase on account" payment method is selected and to decline this payment method if the credit check is negative.

5. Provision of content

The provision of the content is carried out exclusively in electronic form via email or download from the Licensor's website.

6. Granting of usage rights

6.1 The Licensor grants the Licensee the non-exclusive, geographically and temporally unrestricted right to use the provided content exclusively for private 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 Licensor has agreed to the transfer of the contractual license to the third party.

6.3 The granting of rights becomes effective in accordance with § 158 (1) BGB only when the Licensee has fully paid the remuneration owed under Clause 4 of this contract. The Licensor may provisionally permit the use of the contractual content before this time. Such provisional permission does not result in the transfer of rights.

7. Liability for defects

The statutory liability for defects applies.

8. Applicable law, jurisdiction

All legal relationships between the parties are governed by the laws of the Federal Republic of Germany, 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 is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

9. Information on online dispute resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/odr

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

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.