Terms of service

Terms and Conditions

1. Scope

1.1 These Terms and Conditions apply to all contracts for the delivery of goods that you, as a customer (consumer or business, hereinafter "Customer"), conclude in the online shop of Lynice Berger, trading as "Lynice Divine Magic" (hereinafter "Seller"). The Customer's own terms and conditions do not become part of the contract unless expressly agreed otherwise.

1.2 For contracts for the delivery of vouchers and for the supply of digital content, these Terms and Conditions apply accordingly, unless provided otherwise. Digital content means data that is produced and supplied in digital form.

1.3 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession.

1.4 A business is any natural or legal person or partnership with legal capacity that acts in the exercise of their trade, business or self-employed profession when entering into a legal transaction.

2. Conclusion of contract

2.1 The product descriptions in the online shop are not binding offers by the Seller. They invite the Customer to submit a binding offer.

2.2 The Customer submits their offer via the online order form. To do so, the Customer places the desired goods in the shopping cart and goes through the ordering process. By clicking the button that completes the order, the Customer submits a legally binding offer for the goods in the shopping cart.

2.3 The Seller can accept the offer within five days,

  • by sending the Customer an order confirmation in text form (e.g. by e-mail), in which case receipt of the confirmation by the Customer is decisive, or

  • by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or

  • by asking the Customer to pay after the order has been placed.

If several of these options apply, the contract is concluded at the time the first of them occurs. The period begins on the day after the Customer sends the offer and ends at the end of the fifth day following that day. If the Seller does not accept the offer within this period, it is deemed rejected, and the Customer is no longer bound by their offer.

2.4 If the Customer selects a payment method offered by PayPal, payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"). The PayPal User Agreement applies (https://www.paypal.com/de/legalhub/paypal/useragreement-full) or, if the Customer does not have a PayPal account, the terms for payments without a PayPal account (https://www.paypal.com/de/legalhub/paypal/privacywax-full). If the Customer pays with such a payment method, the Seller hereby already accepts the Customer's offer at the moment the Customer clicks the button that completes the order.

2.5 For orders placed via the online order form, the Seller stores the contract text after the contract is concluded and sends it to the Customer in text form (e.g. by e-mail or letter). The Seller does not otherwise make the contract text accessible. If the Customer has set up a user account before placing the order, the order data is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected account.

2.6 Before submitting the order, the Customer can identify input errors by carefully reading the information shown on the screen. The browser's zoom function can help with this. The Customer can correct their entries during the ordering process using the usual keyboard and mouse functions until they click the button that completes the order.

2.7 Contracts can be concluded in German and English. The language selection is displayed in the online shop.

2.8 Order processing is usually automated and takes place by e-mail. The Customer must ensure that the e-mail address they provide is correct and that they can receive the Seller's messages at that address.

3. Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Details can be found in the Seller's withdrawal policy.

4. Prices and payment

4.1 Unless the product description states otherwise, the prices shown are total prices including statutory value added tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 (Keep only if you deliver outside the EU.) For deliveries to countries outside the European Union, additional costs may arise for which the Seller is not responsible and which the Customer must bear. These include, for example, bank charges for money transfers (such as transfer or currency exchange fees) as well as import duties and taxes (e.g. customs duties). Charges for money transfers may also arise for deliveries within the EU if the Customer pays from a country outside the EU.

4.3 The Seller informs the Customer of the available payment methods in the online shop.

4.4 (Shopify Payments) For payment methods offered via "Shopify Payments", payment is processed by Shopify International Limited, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The payment methods available via Shopify Payments are shown in the online shop. Shopify may use further payment services to process payments, for which special terms may apply. The Customer will be informed of this separately where applicable. Further information is available at https://www.shopify.com/legal/terms-payments/de.

4.5 (Klarna) For payment methods offered via "Klarna", payment is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"). Klarna's terms can be found here: [insert link to Klarna terms, it was missing in the original text].

4.6 (Purchase on invoice via Klarna) When paying by invoice, the purchase price becomes due once the goods have been delivered and invoiced. In this case, the Customer pays within 30 days of the invoice date, without deduction, to Klarna, unless agreed otherwise. A prerequisite is a successful credit check by Klarna. If purchase on invoice is approved after the check, Klarna processes the payment, and the Seller assigns its payment claim to Klarna. The Customer can then only pay to Klarna with discharging effect. In all other respects, Klarna's General Terms and Conditions apply, which the Customer can access during the ordering process. The Seller may limit purchase on invoice to a certain order value and refuse it if this value is exceeded. The Seller will point out any such restriction in the payment information in the online shop.

4.7 (PayPal Invoice) If the Customer selects "PayPal Invoice", the Seller assigns its payment claim to PayPal. Before accepting the assignment, PayPal carries out a credit check using the customer data provided. In the event of a negative result, the Seller may refuse the payment method. If the payment method is approved, the Customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment term. The Customer can then only pay to PayPal with discharging effect. Despite the assignment, the Seller remains the contact for general customer inquiries, such as about goods, delivery time, shipping, returns, complaints, withdrawals and credit notes. In addition, the PayPal terms of use for purchase on invoice apply (https://www.paypal.com/de/webapps/mpp/ua/pui-terms).

5. Delivery and shipping

5.1 If the Seller offers shipping, delivery is made within the stated delivery area to the delivery address provided by the Customer, unless agreed otherwise. The delivery address specified in the order processing is decisive.

5.2 If delivery fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the outbound delivery if the Customer validly exercises their right of withdrawal. For the costs of return shipping in the event of a valid withdrawal, the provision in the withdrawal policy applies.

5.3 If the Customer is a business, the risk of accidental loss and accidental deterioration of the goods passes to the Customer as soon as the Seller has handed the goods over to the forwarder, carrier or other person or institution designated to carry out the shipment. If the Customer is a consumer, the risk generally only passes upon handover of the goods to the Customer or a person authorised to receive them. By way of derogation, the risk also passes to consumers as soon as the goods have been handed over to the carrier if the Customer has commissioned the carrier themselves and the Seller had not previously named that carrier to the Customer.

5.4 If the Customer is a consumer based in Germany or a business, the Seller may withdraw from the contract if the Seller itself is not supplied correctly or properly. This applies only if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to obtain the goods. If the goods are unavailable or only partially available, the Customer will be informed without undue delay, and any consideration already paid will be refunded without undue delay.

5.5 Collection in person is not possible for logistical reasons.

5.6 (Only for digital products) The Seller provides digital content to the Customer by download or by e-mail.

5.7 (Only for vouchers) The Customer receives vouchers by e-mail.

6. Rights of use for digital content

6.1 Unless the description in the online shop states otherwise, the Seller grants the Customer a non-exclusive right, unlimited in place and time, to use the supplied content exclusively for private purposes.

6.2 If the contract relates to the one-time supply of digital content, the grant of rights only becomes effective once the Customer has paid the agreed price in full. The Seller may provisionally permit use before that. However, such provisional permission does not transfer any rights.

7. Retention of title

If the Seller performs first, the delivered goods remain the Seller's property until the purchase price has been paid in full.

8. Liability for defects (warranty)

The statutory provisions on liability for defects apply, unless provided otherwise below. For contracts for the delivery of goods, the following applies by way of derogation:

8.1 If the Customer is a business,

  • the Seller chooses the type of subsequent performance,

  • claims for defects in new goods become time-barred one year after delivery of the goods,

  • claims for defects in used goods are excluded,

  • the limitation period does not start anew if a replacement is delivered under the liability for defects.

8.2 The limitations and shortened periods in clause 8.1 do not apply

  • to claims of the Customer for damages and reimbursement of expenses,

  • if the Seller has fraudulently concealed the defect,

  • to goods that have been used for a building in accordance with their normal use and have caused the defectiveness of that building,

  • to any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

8.3 For businesses, the statutory limitation periods for any statutory right of recourse also remain unaffected.

8.4 If the Customer is a merchant within the meaning of section 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects under section 377 HGB applies. If the Customer fails to comply with the notification duties set out there, the goods are deemed approved.

8.5 If the Customer is a consumer, they are asked to report goods with obvious transport damage to the delivery service and to inform the Seller. If the Customer does not do so, this has no effect on their statutory or contractual claims for defects.

9. Liability

The Seller is liable to the Customer for damages and reimbursement of expenses under all contractual, quasi-contractual and statutory claims, including claims in tort, as follows:

9.1 The Seller is liable without limitation on any legal ground

  • in cases of intent or gross negligence,

  • in cases of intentional or negligent injury to life, body or health,

  • under a guarantee, unless provided otherwise,

  • under mandatory statutory liability, such as under the German Product Liability Act.

9.2 If the Customer is a consumer based in Germany or a business, the following also applies: If the Seller negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for this type of contract, unless the Seller is liable without limitation under clause 9.1. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, whose fulfilment makes the proper performance of the contract possible in the first place, and on whose observance the Customer may regularly rely. In all other respects, the Seller's liability is excluded, unless the Seller is liable without limitation under clause 9.1.

9.3 These liability provisions also apply to the liability of the Seller for its vicarious agents and legal representatives.

10. Redemption of promotional vouchers

(Keep only if you issue free discount vouchers.)

10.1 Promotional vouchers are vouchers that the Seller issues free of charge and with limited validity as part of advertising campaigns, and which cannot be purchased. They can only be redeemed in the Seller's online shop and only within the stated period.

10.2 Individual products may be excluded from the promotion if this follows from the content of the promotional voucher.

10.3 Promotional vouchers can only be redeemed before the order is completed. Subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 If a promotional voucher is for a fixed amount rather than a percentage discount, the value of the goods must be at least equal to that amount. Any remaining balance is not refunded.

10.6 If the value of the promotional voucher is not sufficient to cover the order, the difference can be paid using one of the other payment methods offered.

10.7 The balance of a promotional voucher is neither paid out in cash nor bears interest.

10.8 The promotional voucher is not refunded if the Customer returns goods paid for wholly or partly with the promotional voucher under their statutory right of withdrawal.

10.9 The promotional voucher may only be used by the person named on it. Transfer to third parties is excluded. The Seller is entitled, but not obliged, to verify the entitlement of the respective voucher holder.

11. Redemption of gift vouchers

(Keep only if you sell gift vouchers.)

11.1 Gift vouchers can only be redeemed before the order is completed. Subsequent offsetting is not possible.

11.2 If the value of the gift voucher is not sufficient to cover the order, the difference can be paid using one of the other payment methods offered.

11.3 The balance of a gift voucher is neither paid out in cash nor bears interest.

11.4 The gift voucher is transferable. The Seller can perform with discharging effect to the respective holder who redeems the gift voucher in the online shop. This does not apply if the Seller knows, or is grossly negligent in not knowing, that the holder is not entitled, lacks legal capacity or lacks authority to represent.

12. Applicable law

The laws of the Federal Republic of Germany apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which they have their habitual residence.

13. Alternative dispute resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.