AGB
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded between you and us as the provider (Patrick Schlosser) via the website www.montessori-moments.de. Unless otherwise agreed, the inclusion of your own conditions, if any, is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed professional. An entrepreneur is any natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of Contract
(1) The subject matter of the contract is the sale of digital content (data created and provided in digital form).
(2) By uploading the respective digital content on our website, we submit you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The digital content intended for purchase is placed in the "shopping cart". You can access the "shopping cart" at any time via the navigation bar and make changes. After clicking the button "Checkout" or "Proceed to Order" (or similar), entering your personal data and payment details, you will finally see an order overview.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be directed to the order overview page in our online shop or to the website of the payment provider. There you complete the payment process. Afterward, the order overview is displayed either on the payment provider’s site or after being redirected back to our shop.
Before sending the order, you can check, change (also via the browser’s "back" function), or cancel the order.
By sending the order via the appropriate button ("order with obligation to pay", "buy"/"buy now", "order with costs", "pay"/"pay now" or similar), you declare your legally binding acceptance of the offer and thus conclude the contract.
(4) Order processing and transmission of all information necessary for the conclusion of the contract take place partly automatically by email. You must ensure that the email address you provide is correct and that you can receive emails, especially not blocked by spam filters.
§ 3 License for Use of Digital Content
(1) The digital content offered is copyright protected. For each digital content purchased, you receive a usage license by the respective licensor. The scope and type of license are determined by the license terms stated in the offer.
§ 4 Special Agreements Regarding Offered Payment Methods
(1) Payment via PayPal / PayPal Checkout
When selecting a payment method offered via PayPal / PayPal Checkout, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). Details of PayPal payment options appear under the corresponding button on our website and during the ordering process. PayPal may use additional payment services. Any special payment conditions will be communicated separately. More information on PayPal: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via Mollie
When selecting a payment method offered via Mollie, payment processing is carried out by Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie"). Mollie payment options are displayed under the corresponding button on our website and during the ordering process. Mollie may use further payment services; special conditions will be indicated if applicable. More info: https://www.mollie.com/de.
§ 5 Right of Retention
You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
§ 6 Warranty
(1) Statutory warranty rights apply.
(2) Deviations of the digital content from objective requirements only count as agreed if you were informed before the contract was concluded and the deviation was explicitly agreed separately.
(3) For entrepreneurs, the following applies:
a) Only our own statements and the product description of the manufacturer count as agreed condition of the digital content; advertising or public statements by the manufacturer do not.
b) In case of defects, we provide warranty at our discretion by repair or replacement. If repair fails, you may demand a price reduction or withdraw from the contract. Repair is considered failed after a second unsuccessful attempt unless otherwise indicated by the nature of the content or defect.
c) The warranty period is one year from delivery of the digital content. The shortening does not apply in cases of personal injury, intentional or grossly negligent damage, fraudulent concealment of defects, guarantee promises, products used for buildings causing defectiveness, or statutory recourse claims.
§ 7 Choice of Law
(1) German law applies. For consumers, this applies only insofar as it does not deprive the protection granted by mandatory provisions of the law of the consumer’s habitual residence (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
II. Customer Information
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Identity of the Seller
Patrick Schlosser
Hoher Weg 9
87700 Memmingen
Germany
Phone: 015157621937
Email: support@montessori-moments.de
We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards. -
Information on Conclusion of Contract
The technical steps, contract conclusion, and correction options are governed by the “Conclusion of Contract” section of our General Terms and Conditions (Part I). -
Contract Language and Contract Text Storage
3.1 Contract language is German.
3.2 The full contract text is not stored by us. Before submitting the order via the online shopping cart system, contract data can be printed or saved electronically via the browser’s print function. After receiving your order, legally required information and terms and conditions will be sent to you by email. -
Essential Characteristics of Goods or Services
Essential characteristics are found in the respective offer. -
Prices and Payment Terms
5.1 Prices listed are total prices, including all taxes and costs.
5.2 No shipping costs apply.
5.3 Available payment methods are shown on the website and during ordering.
5.4 Unless otherwise stated, payment claims are due immediately upon conclusion. -
Provision
Conditions for provision, dates, and restrictions are shown on the website or in the offer. -
Statutory Warranty Rights
Warranty rights are governed by §6 above.
These Terms and Customer Information were created by IT law specialists from Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees legal certainty and assumes liability in case of warnings. More info: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 22.10.2024