General Terms and Conditions
for the online shop at the URL https://destinyunbound.gg
operated by
Janis Neumann - Personal Development & UX Design
Rossbachweg 12
95100 Selb
Email: [email protected]
- hereinafter referred to as: Provider -
1. Scope
These General Terms and Conditions (GTC) apply, after their incorporation, to all contracts concluded for the purchase of goods, services, or other items (hereinafter "Goods") in the online shop at the above URL in their version valid at the time of contract conclusion. These GTC apply exclusively. Deviating terms and conditions of the customer shall not become part of the contract unless the Provider expressly agrees to them.
2. Contract Formation
2.1 The offers in the online shop constitute a non-binding invitation by the Provider to online shop visitors to submit an offer to purchase the goods offered in the shop.
2.2 Orders for goods are placed using the Provider's online order form. After selecting the desired goods, entering all required information, and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (Order). By placing the order, the customer submits a binding contract offer to purchase the selected goods. The contract is formed when the Provider accepts the customer's offer. Acceptance occurs when the Provider confirms the contract formation in writing or text form (e.g., via email) and this order confirmation reaches the customer, or when the Provider delivers the ordered goods and these goods reach the customer, or when the Provider requests payment (e.g., invoice or credit card payment during the ordering process) and this payment request reaches the customer; the time of contract formation is determined by whichever of these alternatives occurs first.
2.3 Before submitting a binding order via the Provider's online order form, the customer can review their entries and make corrections at any time using standard keyboard, mouse, touch, or other available input functions. Furthermore, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using standard keyboard, mouse, touch, or other available input functions.
2.4 The Provider will store the contract text after contract conclusion and send it to the customer in text form (e.g., via email). No further access to the contract text will be provided by the Provider. If the purchase was made through a customer account in the online shop, the customer can view their orders and associated order data there.
2.5 The following languages are available for contract conclusion: English
3. Right of Withdrawal for Consumers
Consumers generally have a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to either their commercial or independent professional activity. Details can be found in the withdrawal instructions, which are made available to every consumer no later than immediately before contract conclusion.
4. Payment, Default
4.1 The prices listed in the online shop at the time of ordering apply. All prices include statutory VAT plus any shipping costs shown. The customer is informed about available payment methods in the Provider's online shop.
4.2 If payment via "PayPal" is agreed upon, the purchase price is due immediately after contract conclusion. Payment processing is handled through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
5. Retention of Title
The purchased goods remain the property of the Provider until the purchase price has been paid in full.
6. Delivery and Self-Supply Reservation
6.1 Subject to different agreements, delivery will be made within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.
6.2 Self-collection of purchased goods is excluded.
6.3 If the Provider cannot deliver the ordered goods because they themselves have not been supplied through no fault of their own, despite having concluded a timely congruent covering transaction with a reliable supplier, the Provider shall be released from their obligation to perform and may withdraw from the contract. The Provider is obligated to immediately inform the customer about the impossibility of performance. Any consideration already provided by the contractual partner will be refunded immediately. Mandatory consumer law remains unaffected by this paragraph.
7. Warranty
The provisions of statutory liability for defects apply.
8. Liability
8.1 The Provider has unlimited liability:
- for damages resulting from injury to life, body, or health that are based on an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
- for damages based on an intentional or grossly negligent breach of duty by the Provider or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
- based on a guarantee promise, unless otherwise agreed;
- based on mandatory liability (e.g., under the Product Liability Act)
8.2 If the Provider negligently breaches a material contractual obligation, their liability is limited to foreseeable, typically occurring damages, unless unlimited liability applies according to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Provider according to its content to achieve the purpose of the contract, whose fulfillment makes the proper execution of the contract possible in the first place, and on whose compliance the customer may regularly rely.
8.3 In all other respects, liability of the Provider and the liability of their vicarious agents and legal representatives is excluded.
9. Data Protection
The Provider treats the personal data of its customers confidentially and in accordance with statutory data protection regulations. Details can be found in the Provider's privacy policy.
10. Final Provisions
10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer with habitual residence in the EU being deprived of mandatory statutory provisions of the law of their country of residence.
10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the Provider's registered office shall have jurisdiction, unless an exclusive jurisdiction is established for the dispute. This also applies if the customer does not have a residence within the European Union. The registered office of our company can be found in the header of these GTC.
10.3 Should any provision of this contract be or become invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
11. Information on Online Dispute Resolution / Consumer Arbitration
The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr.
The Provider is not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.
Our email address can be found in the header of these GTC.
