GENERAL TERMS & CONDITIONS
The following General Terms and Conditions (GTC) apply to all digital goods ordered by the customer via shop.vicky-baumann.de. Vicky Baumann does not recognize conflicting terms and conditions of customers, unless their validity has been expressly agreed upon between the parties.
Contracting party is:
Viktoria Baumann Gensemer Str. 52 53225 Bonn email@example.com VAT identification number: DE297245516
2. Conclusion of Contract
Listed offers for goods are non-binding until they become the subject of a contractual agreement. The offers are valid only while stocks last. An online order by the customer constitutes a binding offer to Vicky Baumann to conclude a contractual agreement. By placing an order, the customer accepts these General Terms and Conditions. The General Terms and Conditions are available online. They can be downloaded, printed, or archived. In the case of software or other digital data purchased through download, the binding contract is concluded when the customer sends the order to Vicky Baumann.
3. Payment and Delivery
Ordered goods will be delivered automatically and as soon as possible after receipt of the order. Delivery usually takes place immediately after receipt of payment. Payment is made using the payment methods listed in the online shop and is due before the delivery of the goods. Offsetting by the customer is only permissible if the customer's claim is undisputed or legally established.
4. Prices and Shipping Costs
For orders, the prices listed in the offer at the time of ordering apply. The offers state the gross prices, including the German statutory value-added tax (VAT). The shop exclusively offers digital products, thus all shipping costs are waived.
5. Right of Withdrawal
According to the law, digital products are not suitable for return due to their nature. Therefore, there is no right of withdrawal.
6. Usage and Copyright
All copyrights remain exclusively with Vicky Baumann even after the conclusion of a contractual agreement. The distribution, lending, or reproduction of presets is strictly prohibited.
7. Dealings with Third Parties
7.1. Our digital products (presets, guides templates & website templates) have been developed based on various third-party providers (Adobe, WordPress, Flothemes & Canva). While we believe these providers are user-friendly and intuitive, we do not accept any liability or responsibility for the platforms and their use after the purchase of our products. We recommend visiting the Flothemes website to convince yourself of the suitability of this provider for your needs.
7.2. We want to assure you that your satisfaction and trust in our products are of the utmost importance to us. As a provider of website templates, guides templates & presets, we work closely with carefully selected basic providers (mentioned above) to offer you high-quality templates for your projects. However, it is crucial to note that we cannot be held responsible for unforeseen events or developments with our basic providers. If one of our basic providers encounters unforeseen financial difficulties, discontinues service, or becomes insolvent, we want to make you aware that these circumstances are beyond our control.
7.3. We expressly emphasize that we cannot assume any legal or financial responsibility for any losses that may arise in connection with such events. Our main priority is to provide you with high-quality products while also guaranteeing excellent customer service. Therefore, we recommend contacting us with any questions or concerns to work together to find solutions.
7.4. Durch den Kauf oder die Nutzung unserer Produkte stimmst du sowohl unseren AGB als auch den AGB des Drittanbieters (Flothemes für Website Templates, Canva für Guides Templates & Adobe für Presets & PS Actions) zu.
8. Services (Website Templates Setup Service)
8.1. We commit to professionally setting up the website according to the agreed specifications and based on the information provided by you during the strategy call. We are entitled to perform the setup orders and services ourselves or partially through third parties.
8.2. In the event of unforeseen events during the setup process that go beyond the usual scope and require additional effort, we reserve the right to reasonably consider the time and effort involved. Such unforeseen events could include technical malfunctions, server outages, data losses, or other unexpected difficulties that impact the setup process.
8.3. Should additional effort arise due to unforeseen events, we will promptly contact you to explain the situation and discuss the next steps. We will do our best to find a fair and transparent solution that takes both your interests and our capacities into account.
8.4. In the case of additional effort that is not our fault, we reserve the right to determine additional costs and a reasonable time frame for resolving the unforeseen events. These additional costs will be calculated based on the required work time and the nature of the unforeseen events.
8.5. We will only proceed with the additional effort and the associated additional costs and time frame after receiving your explicit consent. If you do not accept the additional effort, you retain the right to cancel the setup process. In this case, payments already made for the setup will be refunded.
9. Disclaimer of Liability
9.1. We are not liable for damages or losses that could arise from the use of the website, technical malfunctions, or migrations. The customer is responsible for regularly backing up their data and content.
9.2. We assume no liability for errors, defects, or malfunctions that may occur with the purchased website templates.
10. Data Protection
To the extent that personal data is disclosed to Vicky Baumann within the scope of contractual relationships, she is entitled to store this data for contract processing as well as for further advertising measures by Vicky Baumann Photography. The customer expressly agrees to this. Vicky Baumann undertakes not to disclose this data to third parties without consent.
11. Applicable Law, Partial Invalidity, Jurisdiction
German law exclusively applies, with the exclusion of the UN Sales Convention. In the event of the ineffectiveness of individual provisions of the delivery contract or these General Terms and Conditions, the remaining clauses shall remain effective.
The place of performance for services and obligations is Bonn, to the extent legally permissible. To the extent legally permissible, the place of jurisdiction for all disputes arising from contractual relationships is also Bonn.
12. Final Provisions
The law of the Federal Republic of Germany applies. The place of jurisdiction for all disputes arising from this contract is the registered office of the contractor.
As of: 22.08.23