General Terms and Conditions
(as of March 2020)
My Cottage Garden
80799 Munich (Germany)
1.1.The services of the Provider for the online store under the above URL are provided exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order.
1.2 Our General Terms and Conditions shall apply exclusively. Any general terms and conditions of the customer deviating from our general terms and conditions shall not be valid unless we expressly agree to them.
2.1. Our offers on the Internet represent a non-binding invitation to the customer to order our products, services or digital content (online courses and e-products). By sending the order (click on the button "Buy now") on our website, the customer submits a binding offer to conclude a contract.
2.2. In the case of the sale of digital content, acceptance can be declared by us within five days by sending a written order confirmation or an order confirmation in text form (e-mail), in which case the receipt of the order confirmation by you is decisive, or by enabling you to download or stream the digital content, or by requesting payment after you have placed the order (e.g. in the case of Paypal payment). If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. If we do not declare acceptance within the aforementioned period, this shall be deemed a rejection with the consequence that you are no longer bound by your declaration of intent.
2.3. When submitting an offer via the Provider's online order form, the text of the contract shall be stored by the Provider and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent its order together with these GTC. In addition, the contract text is archived on the website of the Provider and can be accessed free of charge by the customer via his password-protected customer account by providing the corresponding login data, provided that the customer has created a customer account in the online store of the Provider before sending his order.
2.4. Before the binding submission of the order via the online order form of the Provider, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.5. Only the German language is available for the conclusion of the contract.
Special provisions for the sale of digital content (online courses & eProducts)
3.1. This clause applies in addition to the purchase of digital content on our website.
3.2. The subject matter of the contract for the sale of digital content is the transfer of a simple right of use to the digital content, unlimited in time and space. The customer shall not be entitled to reproduce the digital content provided physically or electronically, to make it publicly accessible and/or to provide reproductions to third parties. Subject to deviating agreements, the digital content is provided exclusively for private use, so that commercial exploitation without express permission is not permitted. The transfer of the rights of use shall only take place upon full payment of the contractually owed remuneration. If we make the digital content available to the customer before this point in time, this shall not be regarded as an implied transfer of rights of use.
Right of withdrawal
Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in our cancellation policy.
The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
1. The prices listed on our website at the time of the order apply. All prices are inclusive of the statutory value added tax and plus the respective shipping costs listed.
1.5.3 If the customer is in default of payment, we shall be entitled to claim default interest in the amount of five percentage points above the base interest rate of the European Central Bank. In the event that we claim further damage caused by default, the customer shall have the opportunity to prove that the damage caused by default claimed was not incurred at all or was incurred in a lower amount.
The provisions of the statutory liability for defects shall apply. The following shall apply in deviation herefrom:
1.6.1. For entrepreneurs
an insignificant defect shall in principle not constitute grounds for claims based on defects;
the supplier has the choice of the type of subsequent performance;
the limitation period for defects in new goods shall be one year from the transfer of risk; the rights and claims due to defects are generally excluded for used goods;
the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.
1.6.2. The above-mentioned limitations of liability and shortening of the limitation period shall not apply to items that have been used for a building in accordance with their customary use and have caused its defectiveness, for damages resulting from injury to life, body or health, which 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 other damages based on an intentional or grossly negligent breach of duty by the Provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the User, as well as in the event that the supplier has fraudulently concealed the defect.
1.6.3. Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse pursuant to § 478 BGB shall remain unaffected.
1.7.1. The Provider shall be liable to the Customer from all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
The Provider shall be liable without limitation for any legal reason in the event of intent or gross negligence, intentional or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise regulated in this respect, or on the basis of mandatory liability, such as under the Product Liability Act.
If the Provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above section. Material contractual obligations are obligations which the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely. In all other respects, liability on the part of the Provider is excluded.
The above liability provisions shall also apply with regard to the liability of the Provider for its vicarious agents and legal representatives.
1.7.2. The Customer shall indemnify the Provider against any claims of third parties - including the costs of legal defense in their legal amount - which are asserted against the Provider due to actions of the Customer in violation of the law or the contract.
1.9.1. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer being deprived of mandatory consumer protection standards.
1.9.2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at our registered office shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This shall also apply if the customer is not domiciled within the European Union. The registered office of our company can be found in the heading of these GTC.
1.9.3. To the extent that any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby.
Information on online dispute resolution / consumer arbitration
The EU Commission provides a platform for online dispute resolution on the Internet at the
following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The Provider is neither willing nor obliged to participate in a consumer dispute resolution procedure under the VSBG.
You can find our e-mail address in the heading of these GTC.