Terms and Conditions
§ 1 Scope and Provider
- These Terms and Conditions apply to all orders placed in our online store.
- Lea Mellin
- Bernadottestr. 154c
- 22605 Hamburg
- Germany
- Tax ID: 42/158/04114
- Email: leamellin.creative@web.de
- Phone: +49 175 4289992
- Our product offerings are intended exclusively for customers aged 18 or older.
- Our deliveries, services, and offers are made exclusively under these Terms and Conditions. These Terms also apply to future business relationships with businesses, even if not explicitly agreed again. We do not accept conflicting terms from customers.
- The contract language is English.
§ 2 Conclusion of Contract
- The product display in the online store does not constitute a legally binding offer but rather an invitation to place an order.
- By clicking the [“Buy Now”, “Pay with PayPal”] button, you submit a binding purchase offer (§ 145 BGB). You may review and correct your order before submitting it.
- The contract is concluded once the content is activated or a download link is provided.
§ 3 Prices
All product prices include VAT and other applicable charges.
§ 4 Payment Terms; Default
- Payment can be made by credit card, Apple Pay, Google Pay, Klarna, EPS, giropay, PayPal, or direct debit.
- The available payment methods are determined by us. We reserve the right to offer only selected payment options (e.g. prepayment for risk mitigation).
- When paying by credit card, the amount will be authorized at the time of order and charged upon delivery.
- When using PayPal, you'll be redirected to PayPal’s website to complete the payment. A PayPal account is required. After confirming the payment, PayPal initiates the transaction automatically.
- In case of chargebacks due to insufficient funds or incorrect banking details, you will bear the resulting costs.
§ 5 Offsetting / Right of Retention
- You may only offset claims that are legally established or undisputed or arise from the same legal relationship.
- You may only assert a right of retention if it is based on the same contractual relationship.
§ 6 Delivery
- Unless otherwise agreed, delivery occurs via a download link provided to you after purchase.
- It is the customer’s responsibility to ensure they have the required software to open and use the digital content.
§ 7 Right of Withdrawal
Right of Withdrawal for Consumers (§ 13 BGB)
If you are a consumer under German law, you have the right to withdraw from this contract within 14 days without giving any reason.
Withdrawal Period
The withdrawal period is 14 days from the day you or a third party designated by you (not the carrier) takes possession of the goods.
To exercise your right of withdrawal, contact:
Lea Mellin
Bernadottestr. 154c
22605 Hamburg
Germany
Tax ID: 42/158/04114
Email: leamellin.creative@web.de
You may use the withdrawal form template below (not required). To meet the deadline, it is sufficient to send your withdrawal notice before the end of the withdrawal period.
Consequences of Withdrawal
If you withdraw, we will refund all payments received from you, including delivery costs (excluding extra costs due to a different shipping method selected by you), within 14 days from receipt of your notice. Refunds are made using the same method of payment, unless otherwise agreed.
We may withhold the refund until we have received the goods back or you have provided proof of return, whichever is earlier.
You must return the goods within 14 days after notifying us of your withdrawal. You bear the direct cost of returning the goods.
You are liable for any diminished value of the goods resulting from handling beyond what is necessary to examine the nature, characteristics, and functionality.
Withdrawal Form Template
If you wish to withdraw from the contract, please fill out and send this form:
To:
Lea Mellin
Bernadottestr. 154c
22605 Hamburg
Germany
Tax ID: 42/158/04114
I/we hereby withdraw from the contract concluded for the purchase of the following goods:
Ordered on / received on:
Name of consumer(s):
Address of consumer(s):
Signature (only if on paper):
Date:
Delete where not applicable.
Exclusion of Withdrawal
- No withdrawal right exists for:
- Custom-made goods or goods tailored to your personal preferences
- Sealed software or audio/video products once unsealed
- For digital content not on a physical medium, the right of withdrawal expires when:
- The consumer has explicitly agreed that execution of the contract begins before the withdrawal period ends
- The consumer acknowledges they lose the right to withdraw once execution begins (§ 356(5) BGB)
§ 8 Warranty
- Unless otherwise agreed, warranty claims follow statutory provisions (§§ 433 ff. BGB).
- We are liable only for damages resulting from injury to life, body, health, or breach of essential contractual obligations (cardinal duties), or gross negligence.
- If you are a business customer (§ 14 BGB), the following applies:
- Only our product descriptions and manufacturer details are binding.
- You must inspect the goods and notify defects within 7 days. Failure to do so voids warranty claims.
- We will repair or replace at our discretion.
- If repair fails twice, you may withdraw from the contract or reduce the purchase price.
- Warranty period is one year from delivery.
§ 9 Liability
- We have unlimited liability for intent and gross negligence and under the Product Liability Act.
- We are also liable for injury to life, body, or health caused by simple negligence.
- For other cases of simple negligence, we are liable only for breach of essential contractual obligations (cardinal duties), and limited to foreseeable damages typical for the contract.
This limitation also applies to our agents and assistants.
§ 10 Copyright & Usage Rights
- All digital content is protected by copyright.
- You receive a non-exclusive, non-transferable, perpetual license for personal, non-commercial use only. Redistribution or public use is prohibited.
- Usage rights are granted only upon full payment.
- You may not remove copyright notices or legal marks from the content.
- We may personalize downloads (e.g. with watermarking) to trace misuse.
- Unauthorized use obliges the user to pay a contractual penalty, determined at our discretion and subject to court review.
§ 11 Alternative Dispute Resolution
- The European Commission provides a platform for online dispute resolution:
- http://ec.europa.eu/consumers/odr
- We strive to resolve disputes amicably but are not obligated to participate in alternative dispute resolution procedures and do not offer participation.
§ 12 Final Provisions
- If any provision of these Terms is or becomes invalid, the validity of the remaining provisions shall remain unaffected.
- German law applies, excluding CISG (UN Sales Law). Consumer protection laws of your residence country remain unaffected.
- If you are a merchant, public legal entity or special public fund, our registered office is the exclusive place of jurisdiction.
Last updated: June 2025
Based on a model by HÄRTING Rechtsanwälte, Berlin