Terms and Conditions

Table of contents

1. Scope of application
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and payment conditions
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Applicable law
10. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Kerstin Tschech, trading under “Atelier Kerstin Tschech” (hereinafter “Seller”), shall apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller concerning the goods displayed by the Seller in their online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or self-employed professional activity.

1.3 For the purposes of these GTC, an entrepreneur is a natural person, legal entity or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of the contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller, but serve as the basis for the submission of a binding offer by the customer.

2.2 The customer may submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer concerning the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller may 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 email), whereby receipt of the order confirmation by the customer shall be decisive, or
• by delivering the ordered goods to the customer, whereby receipt of the goods by the customer shall be decisive, or
• by requesting payment from the customer after the customer has placed their order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall begin on the day following dispatch of the offer by the customer and shall end upon expiry of the fifth day following dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed rejection of the offer, with the consequence that the customer shall no longer be bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When ordering via the seller's online order form, the contract text is stored by the seller after conclusion of the contract and transmitted to the customer in text form (e.g. email, fax or letter) after the customer has submitted the order. The seller does not provide any further access to the contract text. If the customer has created a user account in the seller's online shop before submitting the order, the order data are archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login details.

2.6 Before submitting the order in a binding manner via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser's zoom function, which enlarges the display on the screen. The customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Different languages are available for concluding the contract. The specific language options are displayed in the online shop.

2.8 Order processing is generally carried out automatically by email. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at that address.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal is set out in the seller’s withdrawal instructions.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller’s product description, the prices stated are total prices that include statutory value-added tax. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise 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 funds by credit institutions (e.g. transfer fees, exchange-rate fees) or import duties and taxes (e.g. customs duties). Such costs may also arise in connection with the transfer of funds 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 available payment method(s) will be communicated to the customer in the seller’s online shop.

4.4 When selecting a payment method offered via the “Shopify Payments” payment service, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller’s online shop. To process payments, Shopify may use other payment services, for which special payment terms may apply and of which the customer may be informed separately. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments/de available.

4.5 When selecting a payment method offered via the “Apple Pay” payment service, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods offered via Apple Pay are communicated to the customer in the seller’s online shop. To process payments, Apple may use other payment services, for which special payment terms may apply and of which the customer may be informed separately. Further information about Apple Pay is available online at https://www.apple.com/de/apple-pay/ available.

4.6 If a payment method offered via the payment service "Google Pay" is selected, payment processing shall be carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay shall be communicated to the customer in the seller's online shop. Google may use additional payment services to process payments, for which special payment terms may apply and of which the customer may be informed separately. Further information about Google Pay is available online at https://pay.google.com/intl/de_de/about/ available.

5) Delivery and shipping terms

5.1 If the seller offers shipment of the goods, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address stated in the seller's order processing shall be authoritative.

5.2 For goods delivered by freight forwarder, delivery shall be made "free to the kerb", i.e. to the public kerb closest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.

5.3 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. With regard to the costs of dispatch to the customer, this shall not apply if the customer effectively exercises their right of withdrawal. In the event that the customer effectively exercises their right of withdrawal, the provision made in this regard in the seller's cancellation policy shall apply to the costs of returning the goods.

5.4 If the customer is acting in the course of business, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally pass to the customer only upon delivery of the goods to the customer or a person authorised to receive them. By way of derogation, in the case of consumers too, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment if the customer has commissioned the carrier, freight forwarder or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.5 If the customer acts as a consumer domiciled in Germany or as an entrepreneur, the seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. However, this shall apply only if the failure to deliver is not attributable to the seller and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller shall undertake all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the customer shall be informed without delay and the consideration shall be refunded without delay.

5.6 Collection in person is not possible for logistical reasons.

6) Retention of title

If the seller performs in advance, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise provided for in the following provisions, the statutory provisions on liability for defects shall apply. By way of derogation, the following shall apply to contracts for the supply of goods:

7.1 If the customer acts as an entrepreneur,

• the seller shall have the right to choose the type of subsequent performance;
• in the case of new goods, the limitation period for claims based on defects is one year from delivery of the goods;
• in the case of used goods, claims based on defects are excluded;
• the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The above limitations of liability and reductions of time limits shall not apply

• for the customer's claims for damages and reimbursement of expenses,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used in accordance with their customary manner of use for a building and have caused its defectiveness,
• for any obligation of the seller that may exist to provide updates for digital products, in contracts for the supply of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.

7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code, he or she shall be subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

7.5 If the customer acts as a consumer, he or she is requested to report delivered goods with obvious transport damage to the delivery agent and inform the seller thereof. If the customer fails to do so, this shall have no effect whatsoever on his or her statutory or contractual claims for defects.

8) Liability

The seller shall be liable to the customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual and statutory claims, including tort claims, as follows:

8.1 The seller shall be liable without limitation on any legal basis

• in the event of intent or gross negligence,
• in the event of culpable injury to life, limb or health,
• on the basis of a guarantee, insofar as nothing to the contrary is stipulated in this regard,
• on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If the customer acts as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability shall apply:

If the seller negligently breaches an essential contractual obligation, his liability shall be limited to the foreseeable damage typical for the contract, unless he has unlimited liability pursuant to the preceding clause. Essential contractual obligations are obligations which, according to the substance of the contract, the contract imposes on the seller in order to achieve its purpose, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which the customer may regularly rely on. In all other respects, the seller's liability is excluded unless he has unlimited liability pursuant to the preceding clause.

8.3 The above liability provisions shall also apply with regard to the seller's liability for his vicarious agents and legal representatives.

9) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence is not withdrawn.

10) Alternative dispute resolution

The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.