Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Granting of Usage Rights for Digital Content
7. Retention of Title
8. Warranty
9. Special Conditions for Processing Goods According to Customer Specifications
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Bram Tanamal, trading under "Pure Love and Joy" (hereinafter referred to as the "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless agreed otherwise.

1.2 These GTC apply accordingly to contracts for the provision of vouchers, unless otherwise stipulated.

1.3 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise stipulated. Digital content within the meaning of these GTC is data created and provided in digital form.

1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.

1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal personality who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but are intended to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, the customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contractual offer in relation to the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller may accept the customer's offer within five days by:

• sending the customer a written order confirmation or order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
• delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• prompting the customer for payment after the customer has placed their order.

If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing will be 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 (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal selectable during the online ordering process, the Seller hereby declares acceptance of the customer's offer at the time when the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the conclusion of the contract and sent to the customer in written form (e.g., email, fax, or letter) after the customer has submitted their order. The Seller does not provide any further access to the text of the contract. If the customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed by the customer free of charge via their password-protected user account using the corresponding login information.

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

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and communication typically take place via email and automated order processing. The customer must ensure that the email address provided by them for order processing is accurate, so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

Prices and Payment Conditions

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including statutory value-added tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. These may include, for example, costs for money transfer by financial institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., tariffs). Such costs may also arise in relation to the transfer of funds even if the delivery does not occur to a country outside the European Union and the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If a payment method offered is selected via the payment service "Shopify Payments," payment processing will be handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use additional payment services for payment processing, for which special payment terms may apply, and the customer may be separately notified. Further information on "Shopify Payments" can be found on the internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the seller offers shipping of the goods, the delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, for payments made via PayPal, the delivery address deposited by the customer at the time of payment with PayPal is decisive.

5.2 If delivery of the goods fails for reasons that are the customer's responsibility, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the initial delivery if the customer effectively exercises their right of withdrawal. The provisions of the seller's cancellation policy shall apply to the customer's right of withdrawal in terms of the return costs incurred when exercising the right of withdrawal effectively.

5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the customer upon delivery of the goods to the customer or a recipient designated to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the customer if the seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment, and the customer has instructed the carrier, freight forwarder, or other person or institution designated to carry out the shipment to carry out the shipment, and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in case of incorrect or improper self-supply. This only applies if the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be promptly informed, and the consideration will be promptly refunded.

5.5 Self-pickup is not possible for logistical reasons.

5.6 Vouchers are provided to the customer as follows:

• via download
• via email

5.7 Digital content is provided to the customer as follows:

• via direct access through the entrepreneur's website
• via download
• via email

6) Granting of Usage Rights for Digital Content

6.1 Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer non-exclusive, unrestricted, and perpetual rights to use the content exclusively for private purposes.

6.2 Transfer of the content to third parties or the creation of copies for third parties outside the scope of these terms and conditions is not permitted unless the seller has agreed to the transfer of the contractual license to the third party.

6.3 If the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when the customer has fully paid the agreed compensation. The seller may also temporarily allow the use of the contractual content before this time. Such temporary permission does not result in a transfer of rights.

7) Retention of Title

If the seller makes advance payments, he reserves ownership of the delivered goods until the full payment of the purchase price owed.

8) Liability for Defects (Warranty)

Unless otherwise specified in the following provisions, the statutory provisions regarding liability for defects shall apply. With regard to contracts for the delivery of goods:

8.1 If the customer is acting as a business entity,

• the seller has the choice of the type of subsequent performance;
• the limitation period for defects in new goods is one year from the delivery of the goods;
• rights and claims for defects are excluded for used goods;
• the limitation period does not commence anew if a replacement delivery is made within the scope of liability for defects.

8.2 If the customer is acting as a consumer, the following provision applies to contracts for the delivery of used goods: The limitation period for warranty claims is one year from the delivery of the goods, provided this has been expressly and separately agreed upon between the parties and the customer has been specifically informed of the shortened limitation period before submitting their contractual declaration.

8.3 The liability limitations and shortened limitation periods specified above do not apply to:

• claims for damages and reimbursement of expenses by the customer;
• cases where the seller has fraudulently concealed the defect;
• goods that have been used in accordance with their intended purpose for a building and have caused its defectiveness;
• any obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

8.4 Furthermore, for business entities, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

8.5 If the customer is a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the duty to inspect and give notice of defects as prescribed by § 377 HGB. If the customer fails to fulfill the notification obligations specified therein, the goods are deemed to have been approved.

8.6 If the customer is a consumer, they are requested to report obvious transport damages to the carrier and inform the seller thereof. Failure to do so will not affect the customer's statutory or contractual warranty claims.

9) Special Conditions for the Processing of Goods According to Specific Customer Specifications

9.1 If, according to the terms of the contract, the seller owes the processing of the goods in addition to the delivery of the goods according to specific specifications of the customer, the customer must provide the seller with all content necessary for processing, such as texts, images, or graphics, in the file formats, formats, image sizes, and file sizes specified by the seller and grant the necessary usage rights for this purpose. The customer is solely responsible for the procurement and acquisition of rights to these contents. The customer declares and assumes responsibility for ensuring that they have the right to use the content provided to the seller and takes particular care to ensure that no third-party rights are violated, especially copyright, trademark, and personality rights.

9.2 The customer indemnifies the seller against claims by third parties that may arise in connection with the contractual use of the customer's content by the seller, if such claims are made against the seller. The customer also bears the necessary costs of legal defense, including all court and attorney fees, in statutory amounts. This does not apply if the customer is not responsible for the infringement. The customer is obliged to promptly, truthfully, and completely provide the seller with all information required for examining claims and defending against them in the event of third-party claims.

9.3 The seller reserves the right to reject processing orders if the content provided by the customer violates legal or regulatory prohibitions or ethical standards. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

10) Redemption of Promotional Vouchers

10.1 Vouchers issued by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter "Promotional Vouchers") can only be redeemed in the seller's online shop and only within the specified period.

10.2 Promotional vouchers can only be redeemed by consumers.

10.3 Individual products may be excluded from the voucher promotion if such a restriction arises from the content of the promotional voucher.

10.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

10.5 Only one promotional voucher can be redeemed per order.

10.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

10.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to cover the difference.

10.8 The balance of a promotional voucher will not be paid out in cash or earn interest.

10.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

10.10 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is prohibited. The seller is entitled, but not obligated, to verify the material entitlement of the respective voucher holder.

11) Redemption of Gift Vouchers

11.1 Vouchers that can be purchased through the seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the seller's online shop, unless stated otherwise on the voucher.

11.2 Gift vouchers and any remaining balances on gift vouchers can be redeemed until the end of the third year after the year of voucher purchase. Any remaining balances will be credited to the customer until the expiration date.

11.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

11.4 Multiple gift vouchers can be redeemed for a single order.

11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to cover the difference.

11.7 The balance of a gift voucher will not be paid out in cash or earn interest.

11.8 Gift vouchers are transferable. The seller can discharge its obligation to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity, or lack of authorization of the respective holder.

12) Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws governing the international purchase 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 country in which the consumer has their habitual residence.

13) Alternative Dispute Resolution

13.1 The European Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr

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

13.2 The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.