The following General Terms and Conditions (GTC) govern the sale of products and services by

Janina Hoßfeld,

Münchner Straße 30C,

85604, Zorneding,

phone: +4915158767663, e-mail:

[email protected]

hereinafter referred to as "Provider", via the online store at

www.ja-mi-ra.com

.

§ 1 Scope of application

(1) These GTC apply to all contracts concluded between the provider and both private customers (within the meaning of Section 13 BGB) and business customers (within the meaning of Section 14 BGB) via the online store at

www.ja-mi-ra.com

.

(2) Deviating terms and conditions of the customer shall not apply unless the provider expressly agrees to their validity in writing.

(3) The scope of the products offered includes: Software, website

(4) The scope of the services offered includes: _________

§ 2 Conclusion of contract

(1) The contract is concluded with the provider: Janina Hoßfeld, Münchner Straße 30C, 85604, Zorneding.

(2) The contractual and negotiation language is German.

(3) The offers are aimed at customers worldwide.

(4) The customer must be at least 18 years old.

(5) The presentation of products and services in the online store does not constitute a legally binding offer, but an invitation to place an order. The customer submits a binding offer by going through the order process and clicking the "Buy" button at the end. Receipt of the order is confirmed by an automatic e-mail, but this does not constitute acceptance of the offer. The purchase contract is only concluded by an express confirmation of acceptance by e-mail or by the dispatch of the goods or the provision of the service.

(6) Orders that exceed normal household quantities require the express consent of the provider. This applies both to the number of products and/or services ordered within one order and to the placing of multiple orders for the same product and/or service.

(7) The order data will be saved after conclusion of the contract and can be viewed in the customer login.

(8) The customer agrees to receive invoices exclusively in electronic form. Electronic invoices shall be made available by e-mail or in the customer account.

§ 3 Right of withdrawal

(1) Cancellation policy for private customers

The customer has the right to withdraw from the contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the last goods.

In order to exercise the right of withdrawal, the customer must inform the provider, Janina Hoßfeld, Münchner Straße 30C, 85604, Zorneding by means of a clear statement (e.g. a letter sent by post or an e-mail) of his decision to withdraw from the contract. The customer can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for the customer to send notification of exercising the right of withdrawal before the withdrawal period expires.

(2) Consequences of revocation

If the customer withdraws from the contract, the provider shall reimburse all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the customer choosing a type of delivery other than the cheapest standard delivery offered by the provider), immediately and at the latest within fourteen days from the day on which the provider receives notification of the withdrawal from this contract. For this repayment, the provider shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; in no case shall the customer be charged any fees for this repayment. The provider may refuse to make the repayment until it has received the goods back or until the customer has provided proof that it has returned the goods, whichever is the earlier.

The customer must return or hand over the goods immediately and in any case within fourteen days at the latest from the day on which he informs the provider of the revocation of this contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired.

The supplier bears the cost of returning the goods.

The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Sample withdrawal form

If the customer wishes to withdraw from the contract, they can fill out and return this form:

Janina Hoßfeld, Münchner Straße 30C, 85604, Zorneding

I/we hereby revoke the contract concluded by me/us for:

- the purchase of the following goods/services:

- Ordered on/received on:

- Name of the consumer(s):

- Address of the consumer(s):

- Date:

- Signature of the consumer(s) (only for notification on paper):

________________________________

(3) Right of withdrawal for business customers

Business customers (within the meaning of § 14 BGB) have no statutory right of withdrawal. Contracts with business customers are binding and can only be canceled in accordance with the statutory provisions or the contractually agreed conditions.

§ 4 Exclusion of the right of withdrawal

(1) The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. It also does not apply to goods that can spoil quickly or whose expiry date would be quickly exceeded. Goods that were delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery are also excluded from the right of withdrawal. Furthermore, the right of withdrawal does not apply to goods which, due to their nature, have been inseparably mixed with other goods after delivery. Finally, goods in a sealed package whose seal has been removed after delivery, such as CDs, DVDs or software, are also excluded from the right of withdrawal.

(2) The right of withdrawal does not apply to contracts for the provision of services if the provider has provided the service in full and has only begun to provide the service after the consumer has given his express consent and at the same time confirmed his knowledge that he will lose his right of withdrawal upon complete fulfillment of the contract by the provider.

§ 5 Prices and shipping costs

(1) All prices quoted include statutory VAT.

(2) The prices quoted already include shipping costs, unless expressly stated otherwise.

(3) It may happen that products in the online store are inadvertently labeled with an incorrect price. In such a case, the provider will contact the customer before shipping the goods to inform them that the actual price is higher and ask them whether they wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the stated price, the supplier will charge the lower amount and send the product.

(4) The prices stated at the time of the order shall apply. If list prices are available, the list prices at the time of the order shall apply.

(5) In order to place an order, the customer must register and create a customer account.

§ 6 Customs

(1) Orders for delivery outside the European Union may be subject to import duties and taxes, which are levied once the package reaches its destination. These additional charges must be borne by the customer; the supplier has no influence on these charges. As customs regulations vary from country to country, the customer should contact their local customs authority for further information.

(2) For orders from abroad outside the European Union, the customer is considered the importer and must comply with all laws and regulations of the country in which he receives the products. The supplier points out that cross-border deliveries may be subject to opening and inspection by customs authorities.

§ 7 Terms of payment

(1) Payment of the purchase price is due upon conclusion of the contract. The customer can pay the purchase price using the payment methods specified in the online store.

(2) By registering, providing the data required for the payment procedure and using the chargeable service, the user authorizes the provider to collect the corresponding amount.

(3) A fee-based service is automatically extended by the respective booked period (subscription) unless it is terminated in due time by telephone, e-mail or written letter.

(4) The user must ensure that the information provided when registering and using the service is correct and complete.

(5) The notice period for the fee-based service is 3 months before the expiry date, unless another period has been agreed. Notice of termination must be given in writing and must be sent to the address of the provider.

(6) Prepayment: The full invoice amount must be transferred to the specified account within 3 calendar days of receipt of the order. Shipment will be made after receipt of payment.

(7) PayPal: After completing the order, the customer is redirected to PayPal, where he can initiate the payment. The shipment is made after confirmation of receipt of payment.

(8) The customer enters his Maestro card details during the order process. The amount will be debited after the goods have been dispatched.

(9) Credit card: The customer enters his credit card details during the order process. The amount will be debited after the goods have been dispatched.

(10) SEPA direct debit: The customer issues the provider with a SEPA basic mandate. Advance notice of the direct debit shall be given before the account is debited. Dispatch takes place after collection of the invoice amount.

(11) Invoice: The customer undertakes to pay the invoice amount within 14 days of receipt of the goods without deductions.

(12) Klarna: The customer can pay on account or in installments via Klarna. The terms of payment are specified by Klarna.

(13) Apple Pay: The customer enters their Apple Pay details during the order process and confirms the payment via Apple Pay. The payment is debited after the goods have been dispatched.

(14) Google Pay: The customer enters their Google Pay data during the order process and confirms the payment via Google Pay. The payment is debited after the goods have been dispatched.

(15) When the goods are dispatched, the invoice will be sent by e-mail or, if no e-mail address has been provided, by post to the billing address provided.

(16) If the customer is in default of payment or if a return debit note is issued, the provider is entitled to claim damages for default (e.g. reminder fees, default interest, chargeback fees).

(17) Payment by sending cash or checks is not possible.

§ 8 Retention of title

(1) The delivered goods remain the property of the supplier until the purchase price has been paid in full.

(2) The customer is obliged to treat the goods with care during the retention of title. In particular, he must carry out all necessary maintenance and inspection work in good time at his own expense.

(3) The customer must inform the supplier immediately in writing if the goods are seized or exposed to other interventions by third parties so that the supplier can take legal action in accordance with § 771 ZPO. If the third party is not in a position to reimburse the Provider for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the Customer shall be liable for the loss incurred by the Provider.

§ 9 Delivery, Cancellation and Shipping

(1) Unless otherwise stated in the offer, the delivery time is expected to be 10 working days. The provider endeavors to adhere to the stated delivery times. If delivery times cannot be met, the customer will be informed immediately and payments already made will be refunded.

(2) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer within Germany. Information on the availability of the products can be found on the provider's website. All information on availability, shipping or delivery times is non-binding unless it is expressly marked as binding.

(3) Should it be determined during the processing of the order that the ordered products are not available, the customer will be informed immediately by e-mail or message in the customer account. The customer's statutory claims remain unaffected.

(4) Delivery is made according to the customer's chosen method of payment. In the case of advance payment, delivery shall be made after receipt of payment. For all other payment methods, delivery shall be made after conclusion of the contract.

(5) If the order is sent in several packages, the customer may receive a separate shipping confirmation for each package. In this case, a separate purchase contract for the products listed in the respective shipping confirmation is concluded for each shipping confirmation.

(6) The customer can cancel his order free of charge until the goods are dispatched. After shipment, cancellation is only possible in accordance with the regulations on the right of withdrawal. There is no right to cancel for certain types of products and services, in particular digital content or software that is not provided on a physical medium (e.g. CD or DVD) as soon as the download or use (whichever comes first) has started.

(7) Partial deliveries are permissible insofar as they are reasonable for the customer. Additional shipping costs shall only be incurred if expressly agreed.

(8) Should the delivery of the goods fail through the fault of the customer, the provider reserves the right to withdraw from the contract. Payments already made will be refunded to the customer immediately.

(9) If the Provider is unable to deliver the ordered goods through no fault of its own because the Provider's supplier does not fulfill its contractual obligations, the Provider is entitled to withdraw from the contract. In this case, the customer will be informed immediately and payments already made will be refunded.

(10) For orders of digital products that are provided by download, the customer will receive a link to download the purchased digital content after receipt of payment. The right of withdrawal expires as soon as the customer has started the download and has expressly agreed that the execution of the contract will begin before the expiry of the withdrawal period.

(11) Should the delivery of the ordered products be delayed or become impossible due to force majeure or other unforeseeable, extraordinary circumstances for which the supplier is not responsible - such as natural disasters, war, strikes or official measures - the delivery periods shall be extended accordingly. The supplier shall inform the customer immediately of the non-availability. In such cases, the provider is entitled to withdraw from the contract. The customer shall be informed of the withdrawal without delay and any payments already made shall be reimbursed.

(12) The Provider shall not be liable for delays in delivery caused by circumstances beyond its control (force majeure). In such a case, the customer will be informed immediately and a new delivery date will be agreed.

§ 10 Transport damage

(1) If you receive the goods with obvious transport damage, please complain about such defects immediately to the deliverer and contact us without delay.

(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

§ 11 Warranty

(1) Warranty for private customers

If the customer is a consumer, the warranty rights are governed by the statutory provisions. Consumers in the EU have a statutory warranty right of two years from delivery of the goods or provision of the service in addition to their 30-day return guarantee.

(2) Used goods

The warranty period for used goods may be shorter than two years.

(3) Warranty for business customers

If the customer is not a consumer, a defect shall be remedied by new delivery, rectification or provision of a new, defect-free service. The provider may choose whether subsequent performance is to be effected by rectification of the defect, delivery of a defect-free item or provision of a new service. The limitation period for business customers is one year. This limitation does not apply to claims for damages based on injury to life, limb or health, or in cases of intent or gross negligence.

§ Section 12 Liability (for private customers)

This liability clause applies exclusively to private customers (within the meaning of § 13 BGB).

(1) If the customer is a consumer, liability shall be governed by the statutory provisions.

(2) The liability of the provider for contractual breaches of duty and tort is limited to intent and gross negligence. This limitation of liability shall not apply in the event of injury to life, body and health of the customer, in the event of claims due to the breach of essential contractual obligations (cardinal obligations) and in the event of compensation for damages caused by delay in accordance with § 286 BGB. In this respect, the provider is liable for any degree of fault.

(3) In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), the provider's liability shall be limited to the amount of typically foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on whose compliance the customer may regularly rely

(4) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the provider's legal representatives or vicarious agents.

(5) The provider assumes no responsibility for the content and accuracy of the information in the customer's registration and profile data or other content generated by the customer

(6) Claims for damages shall be limited to the foreseeable damage typical for the contract. In the event of default, the maximum liability shall be 5% of the order value.

(7) Claims for damages based on injury to life, limb or health shall become time-barred after 30 years; all other claims for damages shall become time-barred after two years. The limitation period shall commence at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor or should have become aware of them without gross negligence (Section 199 (1) BGB).

(8) The provider is entitled to check texts created by customers and uploaded files for compliance with statutory regulations and legal provisions. In the event of violations, the provider reserves the right to remove this content in whole or in part.

(9) Liability under the Product Liability Act remains unaffected.

§ 13 Liability (for business customers)

This liability clause applies exclusively to business customers (within the meaning of § 14 BGB).

(1) The liability of the provider for contractual breaches of duty and tort is limited to intent and gross negligence. This limitation of liability shall not apply in the event of injury to life, body and health of the customer, in the event of claims due to the breach of essential contractual obligations (cardinal obligations) and in the event of compensation for damages caused by delay in accordance with § 286 BGB. In this respect, the provider is liable for any degree of fault.

(2) In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), the provider's liability shall be limited to the amount of typically foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on whose compliance the customer may regularly rely.

(3) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the provider's legal representatives or vicarious agents.

(4) The provider assumes no responsibility for the content and accuracy of the information in the customer's registration and profile data or other content generated by the customer.

(5) Claims for damages shall be limited to the foreseeable damage typical for the contract. In the event of default, the maximum liability shall be 5% of the order value.

(6) Claims for damages based on injury to life, limb or health shall become time-barred after 30 years; all other claims for damages shall become time-barred after one year. The limitation period shall commence at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor or should have become aware of them without gross negligence (Section 199 (1) BGB).

(7) The provider is entitled to check texts created by customers and uploaded files for compliance with statutory regulations and legal provisions. In the event of violations, the provider reserves the right to remove this content in whole or in part.

(8) Liability under the Product Liability Act remains unaffected.

§ 14 Data protection

(1) The collection and processing of personal data is carried out in accordance with the applicable data protection regulations. The provider undertakes to treat the customer's data confidentially and not to pass it on to third parties unless the customer has expressly consented or there is a legal obligation to do so.

(2) The customer has the right to receive information free of charge at any time about the data stored about him/her and to request its correction, deletion or restriction of processing.

(3) Further information on data protection can be found in the provider's privacy policy.

§ 15 Offsetting and right of retention

(1) The customer is only entitled to offset if his counterclaim has been legally established or is undisputed by the provider.

(2) The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 16 Special features of digital products and services

(1) Digital products are generally made available to the customer by download or by e-mail. The customer receives the corresponding access data or download links after receipt of payment.

(2) The statutory liability for defects shall apply to digital products. In the event of a defect, the customer has the right to subsequent performance, i.e. rectification of the defect or delivery of a defect-free product.

(3) The customer must ensure that the technical requirements for the reception and use of the digital products are met. The provider accepts no liability for disruptions or damage caused by the customer's lack of technical requirements.

(4) For services that are not provided in the form of physical products or digital content, the statutory provisions on service contracts (§§ 611 ff. BGB) shall apply.

(5) The customer undertakes to provide all necessary cooperation in a timely and complete manner when using services. If the customer does not comply with this obligation, the provider may invoice the additional expenses incurred as a result.

§ Section 17 Rights of use for digital content

(1) With the purchase of a digital product, the customer receives a simple, non-transferable right to use the purchased content for an unlimited period of time, unless otherwise agreed.

(2) The customer is not entitled to reproduce, distribute or make the digital content publicly accessible, unless this is expressly permitted by contract.

(3) All copyrights remain with the provider or the respective rights holder.

§ 18 User account

(1) The customer is obliged to provide complete and truthful information when registering and creating the user account. The customer must keep his access data (user name and password) safe and protect it from access by third parties. The Provider shall not be liable for damages resulting from the misuse of access data, unless the Provider is responsible for the misuse. The customer may only create one user account. Multiple registrations are not permitted and may lead to the blocking or deletion of user accounts.

(2) The customer is obliged to update changes to their personal data, in particular contact and payment data, immediately in their user account. The customer is responsible for all activities carried out under his user account, unless he is not responsible for the misuse of his account.

(3) The provider reserves the right to block or delete the user account if there are indications of misuse, if the customer violates these GTC or if the customer has provided incorrect information during registration. The customer can request the deletion of their user account at any time. The Provider shall delete the user account and all associated data immediately, provided that there are no statutory retention obligations to the contrary. After deletion of the user account, the customer can only create a new user account by registering again.

(4) The provider endeavors to ensure a high availability of the user account. However, temporary restrictions or interruptions due to technical maintenance work or unforeseeable events (e.g. force majeure) cannot be ruled out. The provider shall not be liable for any damage caused by temporary unavailability of the user account, unless the provider is responsible for the unavailability.

(5) The provider reserves the right to change, expand or restrict the functions and content of the user account at any time. The customer will be notified of changes to this clause by email at least four weeks before they come into effect. If the customer does not object to the changes within four weeks of receipt of the change notification, the changes shall be deemed to have been accepted. The provider shall inform the customer of this legal consequence separately in the notification of change.

§ 19 Amendments to the GTC

(1) The provider reserves the right to amend these GTC at any time with effect for the future.

(2) The customer shall be notified of the changes by e-mail at least four weeks before they come into effect.

(3) If the customer does not object to the changes within four weeks of receipt of the notification of change, the changes shall be deemed to have been accepted. The provider shall inform the customer of this legal consequence separately in the notification of change.

§ 20 Force majeure

(1) Events of force majeure which make delivery significantly more difficult or impossible for the supplier shall entitle the supplier to postpone delivery for the duration of the hindrance or to withdraw from the contract in whole or in part due to the part not yet fulfilled.

(2) Force majeure includes all events that are beyond the control of the provider and whose occurrence was not foreseeable at the time the contract was concluded, such as natural disasters, war, terrorist attacks, import and export bans, strikes, official orders or other serious operational disruptions through no fault of the provider.

§ 21 Assumption of contract

(1) The provider is entitled to transfer its rights and obligations from this contractual relationship in whole or in part to a third party with a notice period of four weeks.

(2) In this case, the customer has the right to terminate the contract with immediate effect.

§ Section 22 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply to all legal relationships between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the provider.

§ Section 23 Online dispute resolution and participation in arbitration proceedings

The European Commission provides a platform for online dispute resolution (OS), which can be accessed at

https://www.ec.europa.eu/consumers/odr

. The provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. Nevertheless, the provider will always endeavor to settle any disagreements arising from a contract amicably.

§ 24 Additional agreement

Subscription conditions:

Terms are automatically extended by a further year, 12 months, if they are not terminated on time.

§ 25 Final provisions

(1) The contractual language is German.

(2) The provider does not offer any products or services for purchase by minors. Products for children can only be purchased by adults. Persons under the age of 18 may only use the website with the assistance of a parent or legal guardian.

(3) Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.

(4) Amendments or supplements to these GTC must be made in writing. This also applies to the waiver of this written form requirement.

(5) The provider reserves the right to make changes to the website, regulations, terms and conditions including these GTC at any time. Your order shall be subject to the terms and conditions of sale, contractual terms and conditions and GTC in force at the time of your order, unless a change to these terms and conditions is required by law or official order (in which case they shall also apply to orders that you have previously placed).

(6) There are no verbal collateral agreements. Amendments or additions to this agreement must be made in writing.