1.1 These General Terms and Conditions (hereinafter “GTC”) of Emma Mach (hereinafter “Seller”) apply to all contracts which a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods and/or services presented by the Seller in his online shop. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC shall apply mutatis mutandis to contracts for the delivery of digital content, unless otherwise expressly agreed.
1.3 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.
1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.5 Digital content within the meaning of these GTC is all data not on a physical data carrier which is produced in digital form and made available by the Seller under the granting of certain rights of use regulated more precisely in these GTC.

2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of 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 shop. After placing the selected goods and/or services in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping basket by clicking the button completing the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone or e-mail.
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 e-mail), 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 his order. 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. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry 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 shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If the payment method “PayPal Express” is selected, the payment shall be 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 referred to as “PayPal”), in accordance with the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – in accordance with the Terms of Payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as the payment method within the framework of the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case the seller declares already now the acceptance of the offer of the customer at the time in which the customer triggers the payment process by clicking the button completing the order process.
2.5 When submitting an offer via the seller’s online order form, the text of the contract will be stored by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) together with the present general terms and conditions after sending his order. In addition, the text of the contract is archived on the Seller’s website and can be retrieved free of charge by the Customer via his password-protected customer account by providing the corresponding login data, provided the Customer has created a customer account in the Seller’s online shop before sending his order.
2.6 Before binding submission of the order via the online order form of the seller, the customer can correct his entries continuously via 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.
2.7 Only the German language is available for the conclusion of the contract.
2.8 The order handling and establishment of contact take place as a rule by e-mail and automated order handling. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3.1 In principle, consumers are entitled to a right of withdrawal.
3.2 Further information on the right of revocation can be found in the seller’s revocation instructions.
3.3 The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
3.4 According to § 312g para. 2 no. 9 BGB (German Civil Code) a right of revocation does not exist, unless otherwise agreed, for contracts for the provision of services in connection with leisure activities, if the contract provides for a specific date or period for the provision. Accordingly, the right of revocation shall also be excluded in the case of contracts relating to the sale of tickets for scheduled leisure events.

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The customer has various payment options at his disposal, which are specified in the seller’s online shop.
4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
4.5 If payment is made by means of a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the Terms of Payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer. The delivery address stated in the order processing of the seller is decisive for the transaction. Deviating from this, the delivery address deposited with PayPal by the customer at the time of payment is decisive when selecting the payment method PayPal.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This shall not apply if the customer effectively exercises his right of revocation, if he is not responsible for the circumstance which led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable notice of the service in advance.
5.3 Self-collection is not possible for logistical reasons.
5.4 Digital content is made available to the Customer exclusively in electronic form as follows: – by download- by e-mail5 .5 Vouchers are made available to the Customer as follows: – by mail

6.1 Unless otherwise stated in the description in the seller’s online shop, the seller grants the customer the non-exclusive right, unlimited in time and place, to use the content provided exclusively for private purposes.
6.2 The transfer of the contents to third parties or the making of copies for third parties outside the scope of these General Terms and Conditions is not permitted unless the Seller has agreed to the transfer of the contractual license to the third party.
6.3 In accordance with § 158 para. 1 BGB, the granting of rights shall only become effective once the customer has paid the contractually owed remuneration in full. The Seller may also provisionally permit the use of the contractual contents prior to this point in time. A transfer of the rights does not take place by such a provisional permission.

If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

8.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
8.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller accordingly. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.

9.1 Vouchers which are issued free of charge by the Seller within the framework of advertising campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter referred to as “Promotion Vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.
9.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
9.3 Promotion vouchers can only be redeemed before completion of the order process. Subsequent settlement is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.6 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.
9. 8 The promotion voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of withdrawal.
9.9 The promotion voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

10.1 Vouchers which can be purchased via the online shop of the seller (hereinafter referred to as “gift vouchers”) can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher.
10.2 Gift vouchers and balance of gift vouchers are redeemable until the end of the third year after the year of purchase. Remaining credit will be credited to the customer up to the expiration date.
10.3 Gift vouchers can only be redeemed prior to the completion of the order process. Subsequent settlement is not possible.
10.4 Several gift vouchers can be redeemed for one order.
10.5 Gift Certificates may only be used for the purchase of goods and not for the purchase of other gift certificates.
10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.
10.7 The credit balance of a gift voucher is neither paid out in cash nor bears interest.
10.8 The gift voucher is intended only for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

11.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
11.2 Furthermore, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

The EU Commission provides a platform for online dispute resolution on the Internet under the following link: http://ec.europa.eu/consumers/odr Diese Platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.