§ 1 APPLICABILITY, DEFINITIONS
(1) Coffee with VTuber UG, Kolonnenstr. 8, 10827 Berlin, Germany (hereinafter referred to as "we" or "Coffee with VTuber") operates an online shop for services and goods on the website https://coffee-with-vtuber.com. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as "customer" or "you") in their valid version at the time of the order, unless expressly agreed otherwise.
(2) "Consumer" within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An "entrepreneur" is a natural or legal person or a legal partnership capable of acquiring rights and incurring liabilities in the course of their commercial or independent professional activity.
§ 2 FORMATION OF CONTRACTS, STORAGE OF CONTRACT TEXT
(1) The following regulations on the conclusion of the contract apply to orders via our online shop at https://coffee-with-vtuber.com.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) When an order is placed in our online shop, the following regulations apply: The customer makes a binding contract offer by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:
- Selection of the desired service or goods,
- Adding the products by clicking the corresponding button (e.g., "Add to Cart," "Add to Bag," or similar),
- Reviewing the information in the shopping cart,
- Accessing the order overview by clicking the corresponding button (e.g., "Proceed to Checkout," "Proceed to Payment," "View Order Summary," or similar),
- Entering/reviewing address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy.
- Completing the order by clicking the "Buy Now" button. This constitutes your binding order.
- The contract is concluded by receiving an order confirmation from us at the email address provided within three working days.
(4) In the event of the conclusion of the contract, the contract is concluded with "Coffee with VTuber UG," Kolonnenstr. 8, 10827 Berlin, Germany.
(5) Before placing the order, the contract data can be printed out or electronically saved using the browser's print function. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions, and the cancellation policy, is carried out by email after triggering the order by you, partly automated. We do not store the contract text after the contract is concluded.
(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., the browser's "Back" button). They can also be corrected by canceling the order process prematurely, closing the browser window, and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out by email, partly automated. Therefore, you must ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and, in particular, is not prevented by SPAM filters.
§ 3 SUBJECT MATTER OF THE CONTRACT AND ESSENTIAL CHARACTERISTICS OF THE PRODUCTS
(1) The subject matter of the contract in our online shop includes:
- Goods in the areas of fashion, food, and technology. The specifically offered goods can be found on our product pages.
(2) The essential characteristics of the goods can be found in the item description.
§ 4 PRICES, SHIPPING COSTS, AND DELIVERY
(1) The prices and shipping costs stated in the respective offers are total prices and include all price components, including all applicable taxes.
(2) The respective purchase price is to be paid before the start of the journey (advance payment), unless we expressly offer the purchase on account. The payment methods available to you are indicated under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the prices stated, additional costs may apply for certain services or goods. The additional costs will be clearly communicated to you in the offers, if applicable, in the shopping cart system, and on the order overview.
(4) All services & goods offered are, unless clearly stated otherwise in the description, immediately ready for use or deliverable.
§ 5 RIGHT OF WITHDRAWAL
Please refer to our right of withdrawal at: https://coffee-with-vtuber.com/content/6-widerrufsrecht
§ 6 LIABILITY
(1) Subject to the exceptions set out below, our liability for breaches of contractual obligations and in tort is limited to intent or gross negligence.
(2) We are liable without limitation for slight negligence in the event of injury to life, limb, health, or violation of an essential contractual obligation. If we are in default with the performance due to slight negligence, if performance has become impossible, or if we have violated an essential contractual obligation, liability for damages to property and financial losses resulting therefrom is limited to the contract-typical foreseeable damage. An essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes, in particular, our obligation to act and fulfill the contractually owed service, as described in § 3.
§ 7 LANGUAGE OF THE CONTRACT
German is the exclusive language of the contract.
§ 8 WARRANTY
(1) The warranty is based on the statutory provisions.
(2) The warranty period for delivered goods is 12 months for entrepreneurs.
(3) As a consumer, you are requested to check the item/digital goods or the service provided for completeness, obvious defects, and transport damage immediately upon fulfillment of the contract and to notify us and the carrier of any complaints as quickly as possible. Failure to do so will not affect your statutory warranty claims.
§ 9 FINAL PROVISIONS/CONFLICT RESOLUTION
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.