Terms of service

Table of Contents

  1. Scope
  2. Conclusion of the Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Terms
  6. Granting Rights of Use for Digital Content
  7. Retention of Title
  8. Liability for Defects (Warranty)
  9. Liability
  10. Redemption of Promotional Vouchers
  11. Redemption of Gift Vouchers
  12. Applicable Law
  13. Alternative Dispute Resolution

 

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**1) Scope** 

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Lynice Berger, operating as "Lynice Divine Magic" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller with regard to the goods displayed by the Seller in their online store. The inclusion of the Customer’s own conditions is hereby objected to unless otherwise agreed. 

 

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

 

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

 

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

 

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

 

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**2) Conclusion of the Contract** 

2.1 The product descriptions contained in the Seller's online store do not constitute binding offers from the Seller but serve 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 store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process. 

 

2.3 The Seller can accept the Customer's offer within five days: 

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
  • by requesting payment from the Customer after placing their order.

 

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the close of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered 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, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the PayPal terms of use, accessible at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - under the terms for payments without a PayPal account, accessible at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer chooses a payment method offered by PayPal during the online ordering process, the Seller declares acceptance of the Customer's offer at the moment the Customer clicks the button completing the ordering process. 

5) Delivery and Shipping Terms 5.1 If the seller offers shipping, delivery is made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller’s order processing is decisive for the transaction.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller. This does not apply to shipping costs if the customer effectively exercises their right of withdrawal. For return shipping costs, the rules outlined in the seller’s withdrawal policy apply.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss or deterioration of the sold goods passes to the customer as soon as the seller has handed the item over to the carrier, freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss or deterioration of the sold goods generally passes to the customer only upon delivery to the customer or a person authorized to receive the goods. Contrary to this, the risk of accidental loss or deterioration also passes to the customer if the seller hands the item over to the carrier, freight forwarder, or another designated person, provided the customer has commissioned this entity and the seller did not previously name the entity to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the seller is not responsible for the non-delivery and has concluded a specific covering transaction with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately, and any consideration will be refunded promptly.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to the customer as follows:

  • By email

5.7 Digital content will be provided to the customer as follows:

  • By download
  • By email

6) Granting Rights of Use for Digital Content 6.1 Unless otherwise stated in the content description in the seller’s online shop, the seller grants the customer a non-exclusive, unlimited, and geographically unrestricted right to use the provided content solely for private purposes.

6.2 Passing the content on to third parties or creating copies for third parties outside the scope of these terms and conditions is not permitted unless the seller has agreed to transfer the 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 once the customer has paid the agreed remuneration in full. The seller may provisionally permit the use of the contractual content even before this time. Such provisional permission does not result in a transfer of rights.

7) Retention of Title If the seller provides advance delivery, ownership of the delivered goods remains with the seller until full payment of the purchase price owed has been made.

8) Liability for Defects (Warranty) Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

8.1 If the customer acts as an entrepreneur:

  • The seller has the choice of the type of supplementary performance.
  • The limitation period for defect claims for new goods is one year from delivery of the goods.
  • Defect claims are excluded for used goods.
  • The limitation period does not restart if a replacement delivery is made as part of liability for defects.

8.2 The above-mentioned liability limitations and shortened periods do not apply:

  • To claims for damages and reimbursement of expenses by the customer.
  • If the seller has fraudulently concealed the defect.
  • For goods that have been used for a building in accordance with their usual use and caused its defectiveness.
  • To any existing obligation of the seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

8.4 If the customer acts as a merchant as defined by § 1 HGB (German Commercial Code), the customer is subject to the commercial duty to examine and give notice of defects according to § 377 HGB. If the customer fails to fulfill the notification obligations regulated there, the goods are deemed approved.

8.5 If the customer acts as a consumer, they are requested to report obvious transport damages to the deliverer and inform the seller accordingly. Failure to do so has no effect on the customer's statutory or contractual defect claims.

9) Liability The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims for damages and reimbursement of expenses, as follows:

9.1 The seller is fully liable for any legal reason:

  • In cases of intent or gross negligence.
  • In cases of intentional or negligent injury to life, body, or health.
  • Based on a guarantee promise, unless otherwise specified.
  • Due to mandatory liability, such as under the Product Liability Act.

9.2 If the seller negligently violates a material contractual obligation, liability is limited to the foreseeable damage typical for the contract unless liability is unlimited under the preceding clause. Material contractual obligations are duties that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place, and the observance of which the customer regularly relies on.

9.3 Otherwise, liability on the part of the seller is excluded.

9.4 The above liability provisions also apply regarding the seller’s liability for their vicarious agents and legal representatives.

10) Redemption of Promotional Vouchers 10.1 Vouchers issued free of charge by the seller within the scope of promotional campaigns with a certain validity period and which cannot be purchased by the customer (hereinafter referred to as "Promotional Vouchers") can only be redeemed in the seller's online shop and only during the specified period. 10.2 Certain products may be excluded from the voucher campaign if such a restriction arises from the content of the promotional voucher. 10.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible. 10.4 Only one promotional voucher can be redeemed per order. 10.5 The order value must at least equal the amount of the promotional voucher. Any remaining balance will not be reimbursed by the seller. 10.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be chosen to pay the difference. 10.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest. 10.8 The promotional voucher will not be refunded if the customer returns goods fully or partially paid for with the promotional voucher within the scope of their statutory right of withdrawal. 10.9 The promotional voucher is intended only for use by the person named on it. The transfer of the promotional voucher to third parties is excluded. 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 in the seller's online shop (hereinafter referred to as "Gift Vouchers") can only be redeemed in the seller's online shop unless otherwise stated on the voucher. 11.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the customer until the expiry date. 11.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible. 11.4 Only one gift voucher can be redeemed per order. 11.5 Gift vouchers can only be used for purchasing goods and not for purchasing additional gift vouchers. 11.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be chosen to pay the difference. 11.7 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest. 11.8 Gift vouchers are transferable. The seller may perform with discharging effect to the respective voucher 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 ineligibility, legal incapacity, or lack of representation authorization of the respective holder.

12) Applicable Law The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not remove the protection afforded by mandatory provisions of the law of the state in which the consumer has 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.