Terms and Conditions
Effective as of: July 23, 2025
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Scope of These Terms (1) This website (www.carmen-fakler.com) and/or the services offered—including all associated mobile applications (collectively referred to as the “Services”) and all product offerings and sales (“Products”) made through the site—are owned and operated by [please insert company name and legal form of the shop operator] (hereinafter also referred to as “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern how visitors or users (collectively “Users” or “you”) may access and use the site and/or Services, and purchase Products.
(2) By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all of the Terms, you may not access the site or use the Services. Please read these Terms carefully before accessing our site, using the Services, or purchasing any Products. These Terms explain who we are, how we sell Products to you, how you may cancel a purchase, and what to do in case of any issues.
(3) You confirm that you are of legal age and have the authority, right, and freedom to enter into a binding agreement based on these Terms, and to use the Services and purchase Products. If you are a minor, you must obtain permission from a parent or legal guardian to use the Services or make purchases.
Purchasing Products (1) The purchase of Products is subject to the Terms in effect at the time of purchase.
(2) When purchasing a Product: (i) You are responsible for reading the full item description before committing to buy. (ii) Placing an order on the site (by completing the payment process via the “Place Order” button or a similar button) may constitute a legally binding contract for the purchase of the selected Product, unless otherwise stated in these Terms.
(3) You may select Products from our catalog by clicking the appropriate button and adding them to your cart. Prices are listed on the site. We reserve the right to change prices at any time and to correct any unintended pricing errors. These changes do not affect the price of Products you have already purchased.
During checkout, you will see a summary of all items in your cart, including key product details, total price, applicable VAT/sales tax, and any shipping costs. On the payment page, you may review and modify your selections, quantities, or correct any input errors before placing your final order.
By clicking the “Place Order” button, you submit a binding request to purchase the listed Products at the stated price and shipping costs. To complete the order, you must first accept these Terms as legally binding by checking the appropriate box.
(4) You will receive an automatic email confirmation listing your order details, which you may print or save. Please note that this is only an acknowledgment of receipt and does not constitute acceptance of your order.
(5) A legally binding purchase agreement is only formed when we send you an order confirmation via email or dispatch the Products to you. We reserve the right to decline your order. This does not apply in cases where we offer a payment method—and you select it—that initiates payment immediately upon order submission (e.g., electronic transfer or real-time payment via PayPal, Giropay, Paydirekt). In such cases, the purchase agreement is considered binding once you complete the order process via the “Place Order” button.
(6) The purchase agreement may be concluded in [German] language. After the contract is finalized, the terms will be stored by us, but you will no longer have access to them.
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Right of Withdrawal & Returns (for digital and physical products)
Digital Products
There is no right of withdrawal for digital content (e.g., PDF templates, digital workshops, or downloads) once the download has been made available.
By purchasing, you expressly agree that the execution of the contract begins before the withdrawal period expires, and that you thereby waive your right of withdrawal (§â€¯356 para. 5 BGB).
Printed Books (via Amazon)
Our books are sold and shipped through Amazon. For these products, Amazon’s return and cancellation policies apply. Please refer directly to the respective Amazon product page for details.
Creative Products (Mugs, Bags via Etsy)
These products are offered through Etsy. Returns or exchanges are only possible in exceptional cases (e.g., damaged items). Please contact us within 7 days of receiving the product and include a photo of the damage. Unfortunately, goodwill-based returns are not possible.
Storage of Online Payment Information You may choose to save a preferred payment method for future use. In such cases, we store your payment details in accordance with applicable industry standards, where available (e.g., PCI DSS). You can identify your saved card by its last four digits.
Vouchers, Gift Cards, and Special Offers From time to time, vouchers, gift cards, discounts, or other promotional offers (“Offers”) may be available for our products. These Offers are valid only for the period specified in the respective promotion. Offers may not be transferred, modified, sold, exchanged, duplicated, or distributed without our express written consent.
Member Account (1) To access and use certain areas and features of our site, you must first register and create an account (“Member Account”). You must provide accurate and complete information when registering your Member Account.
(2) If someone other than you accesses your Member Account and/or settings, they may perform any actions available to you, including making changes to your account. We strongly recommend keeping your login credentials secure. Any such activity may be considered as having been performed by you, and you alone are responsible for all actions taken through your Member Account—whether or not they were authorized by you—as well as for any resulting damages, expenses, or losses. You are liable for any activity related to your Member Account if you have negligently enabled its use by failing to protect your login information.
(3) You may create and access your Member Account via a designated webpage or through a third-party platform such as Facebook (“Social Network Account”). By registering through a third-party account, you grant us access to certain information stored in your Social Network Account.
(4) We may suspend or terminate your access to the Member Account—temporarily or permanently—without liability, in order to protect ourselves, our site, our services, or other users, if you violate these Terms or applicable laws or regulations. This may occur without prior notice if immediate action is required; in such cases, we will notify you as soon as possible. Additionally, we reserve the right to terminate your Member Account with two months’ notice via email, for example, if we discontinue our Member Account program. You may stop using your account at any time and request its deletion by contacting us.
Permitted Use (1) Our Services are provided for informational purposes and for private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.
(2) Unless expressly permitted by these Terms, you may not: (i) use our Services unlawfully or fraudulently (including infringing the rights of third parties), or for the purpose of collecting personal data or impersonating other users; (ii) alter or use any copyright, trademark, or proprietary notices, or interfere with the security features of our Services; (iii) manipulate or distort content, undermine its integrity or accuracy, or disrupt, damage, or interfere with any part of our Services; (iv) send, receive, upload/post, or download any material that does not comply with our content standards; (v) transmit or facilitate the transmission of unsolicited or unauthorized advertising or promotional material; (vi) upload or transmit data containing viruses, trojans, worms, time bombs, keyloggers, spyware, adware, or other harmful programs or code intended to affect the operation of software or hardware; (vii) use robots, spiders, or other automated or manual processes to monitor or copy our site or content, or use network monitoring software to determine the architecture of our Services or extract usage data; (viii) engage in behavior that restricts or inhibits other users from using our Services; or (ix) use our Services for commercial purposes or in connection with any commercial activity without our prior written consent.
​You agree to fully cooperate with us in investigating any activity that is suspected or alleged to violate these Terms.
Intellectual Property Rights (1) Our Services and related content (including all derivative works or enhancements thereof), especially with regard to all texts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, brand names, trade dress, and interactive features—and all intellectual property rights therein—are either owned by us or licensed to us (collectively, “Our Intellectual Property Rights”). Nothing in these Terms grants you any rights in relation to Our Intellectual Property Rights. Unless expressly stated herein or required by mandatory legal provisions for the use of the Services, you do not acquire any rights, claims, or interests in Our Intellectual Property Rights. All rights not expressly granted in these Terms are expressly reserved.
(2) If the Products include digital content such as music or videos, the rights granted to you are as specified on the site in relation to such content.
Disclaimer of Warranties for Use of the Site and Services The Services, Our Intellectual Property Rights, and all information, materials, and content made available in connection with them and provided to users free of charge are offered “as is” and “as available,” without warranties of any kind, express or implied (including warranties of fitness for a particular purpose or warranties regarding the security, reliability, timeliness, accuracy, or performance of our Services), except in cases of malicious non-disclosure of defects. We do not guarantee that free Services will be uninterrupted or error-free, or that they will meet your expectations. Access to the Services and the site may be suspended or restricted due to repairs, maintenance, or updates. Product warranties, as outlined in the section “Product Warranty,” remain unaffected.
Indemnification You agree to defend, indemnify, and hold us harmless from and against any actual or alleged claims, damages, costs, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the website and Services in violation of these Terms, especially any use that breaches the restrictions and requirements outlined in the “Permitted Use” section, unless such circumstances are not attributable to your fault.
Limitation of Liability (1) We are liable only in cases of intent, gross negligence, negligent injury to life, body, or health, or for slightly negligent breach of a material contractual obligation, and only in the case of paid Services or the sale of Products. A “material contractual obligation” refers to an obligation essential for the proper execution of the agreement, which you normally rely on and may reasonably rely on. Our liability for slightly negligent breach of a material contractual obligation is limited to the amount of typical and foreseeable damages for this type of contract. Our liability under product liability laws or for any explicitly granted guarantees remains unaffected.
(2) The above provisions apply to our contractual (including liability for wasted expenditures), non-contractual liability (including tort liability), and liability arising from pre-contractual relationships (culpa in contrahendo). They also apply to the benefit of our directors, officers, legal representatives, employees, and agents.
Changes to Terms and Services; Termination We reserve the right to modify these Terms at our sole discretion from time to time, to reflect changes in law, new features we may introduce, or other developments in our business. You should review these Terms regularly and in any case during the checkout process when purchasing Products. The new Terms apply to any new orders placed after the effective date of the updated Terms. If ongoing Services you use are affected by changes to the Terms, we will reasonably consider your legitimate interests and notify you in advance. Changes are deemed accepted if you do not object within two months of receiving notice. We will inform you of this in our notification. If you object to the changes, we reserve the right to terminate the agreement—without further obligations to you—effective on the date the changes take effect.
We may modify, discontinue, or restrict the Services or any features thereof. We may terminate or suspend access to the Services permanently or temporarily—without cause and without further obligations. Where possible, we will notify you in advance and reasonably consider your legitimate interests.
Links to Third-Party Websites The Services may contain links that allow you to leave the site. Unless otherwise stated, linked sites are not under our control, and we are not responsible for the content of any linked site, any links contained within a linked site, or any changes or updates to such sites. We are not responsible for transmissions received from linked websites. Links to third-party websites are provided for informational purposes only. The inclusion of any link does not imply endorsement or ownership of the site or its content.
Governing Law (1) These Terms are governed by the laws of the [Federal Republic of Germany], excluding conflict of law provisions, and shall be interpreted accordingly.
(2) The European Commission provides a platform for online dispute resolution (ODR), available at:https://ec.europa.eu/consumers/odr. Please note that we are not obligated to participate in dispute resolution proceedings before consumer arbitration boards.
Miscellaneous (1) A waiver by either party of any breach or delay under these Terms shall not constitute a waiver of any prior or subsequent breach or delay.
(2) Headings used in these Terms are for convenience only and have no legal significance.
(3) Unless expressly stated otherwise, if any part of these Terms is deemed unlawful or unenforceable, that part shall be severed, and the remaining Terms shall remain in full force and effect.
(4) You may not assign your agreement with us or any of your contractual rights or obligations under these Terms without our prior written consent.
(5) These Terms constitute the entire agreement between you and us regarding the Services and the sale of Products, and supersede all prior written or oral agreements.
(6) Provisions of these Terms that by nature should survive termination shall remain in effect, including indemnities, disclaimers, limitations of liability, and this “Miscellaneous” section.
Contact To get in touch with us, please use the contact form or send an email to: carmen.fakler@gmx.de