Terms and Conditions

§ 1 Scope, definitions

(1) Wellness & Energy Franziska Heimerl, Regensburgerstraße 45, 93138 Lappersdorf, Germany (hereinafter: “we” or “Wellness & Energy Franziska Heimerl OnlineShop”) operates an online shop for goods and digital goods at the website https://shijamaa.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless expressly agreed otherwise.

(2) A “consumer” within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession. A “trader” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business or self-employed profession, whereby a partnership with legal capacity is a partnership that has the capacity to acquire rights and incur liabilities.

§ 2 Conclusion of contracts, storage of the contract text

(1) The following provisions on the conclusion of contracts apply to orders placed via our online shop at https://shijamaa.de.

(2) Our product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) When an order is received in our online shop, the following provisions apply: The customer submits a binding contractual offer by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:

1. Selection of the desired goods, the digital goods,
2. Adding the products by clicking the corresponding button (e.g. “Add to cart”, “Add to shopping bag” or similar),
3. Checking the details in the cart,
4. Opening the order overview by clicking the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “To order overview” or similar),
5. Entering/checking the address and contact details, selecting the payment method, confirming the Terms and Conditions and the cancellation policy,
6. If the agreed characteristics of the goods deviate from their usual characteristics and conditions of use, confirmation of a negative agreement on characteristics,
7. Completing the order by clicking the “Buy now” button. This constitutes your binding order.
8. The contract is concluded when you receive an order confirmation from us at the email address provided within three working days.

(4) If a contract is concluded, it is concluded with Wellness & Energy Franziska Heimerl, Regensburgerstraße 45, 93138 Lappersdorf, Germany.

(5) Before placing the order, the contract data can be printed out using the browser's print function or saved electronically. 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, take place by email after you have placed the order, partly automatically. We do not store the contract text after the contract has been 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 ordering 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 take place by email, partly automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Subject matter of the contract and essential characteristics of the products

(1) In our online shop, the subject matter of the contract is:

1. The sale of goods. The specific goods offered can be found on our item pages.
2. The sale of digital goods, e.g. software or media downloads. The specific digital goods offered can be found on our item pages.

(2) The essential characteristics of the goods and digital goods can be found in the item description. If the agreed characteristics of the goods deviate from their usual characteristics and conditions of use, this is expressly pointed out in the item description (negative agreement on characteristics). Insofar as the customer has given their express consent to the negative deviation in characteristics, this defines the subject matter of the contract.

(3) The sale of digital products is subject to the restrictions evident from the product description or otherwise arising from the circumstances, in particular regarding hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense them.

§ 4 Prices, shipping costs and delivery

(1) The prices stated in the respective offers and the shipping costs are total prices and include all price components, including all applicable taxes.

(2) The respective purchase price must be paid before delivery of the product (payment in advance), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due for payment immediately.

(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again in the offers, in the shopping cart system where applicable, and on the order overview.

(4) Unless clearly stated otherwise in the product description, all products offered are ready for shipping immediately after receipt of payment).

(5) The following restrictions on delivery areas apply: Delivery is made to the following countries: Germany, Switzerland, Austria.

(6) If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. With regard to the costs of the outbound shipment, this does not apply if you effectively exercise your right of withdrawal. For the return shipping costs, if you effectively exercise your right of withdrawal, the provision made by us in this regard in the cancellation policy applies.

§ 5 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as the claims arise from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Right of withdrawal

As a consumer, you have a right of withdrawal. This is governed by our Right of withdrawal.

§ 7 Contract language

The only language available for the contract is German.

§ 8 Liability

(1) Subject to the following exceptions, our liability for breaches of contractual obligations and for tort is limited to intent or gross negligence.

(2) In the case of slight negligence, we are liable without limitation for injury to life, body or health or for breach of an essential contractual obligation. If, through slight negligence, we are in default with performance, if performance has become impossible or if we have breached an essential contractual obligation, liability for resulting property damage and financial losses is limited to the foreseeable damage typical for the contract . An essential contractual obligation is one whose fulfillment makes the proper performance of the contract possible in the first place, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our obligation to act and to perform the contractually owed service described in § 3.

(3) If, when purchasing goods with digital elements or digital products (digital content and services), the customer fails to install within a reasonable period an update that has been made available to them and of whose availability they have been informed, we are not liable for a material defect resulting solely from the absence of this update.

§ 9 Warranty

(1) The warranty is governed by the statutory provisions.

(2) For traders, the warranty period for delivered items is 12 months.

(3) As a consumer, you are requested to check the item/the digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. If you do not do so, this naturally has no effect on your statutory warranty claims.

§ 10 Final provisions/dispute resolution

(1) German law applies. For consumers, this choice of law applies only insofar as it does not withdraw the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of the most favorable provision).

(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 provider's registered office.

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