General Terms & Conditions (GTC)

General Terms & Conditions with customer informations

Status: 6th of July 2022

Table of content

1. Scope of the General Terms and Conditions
2. General information on offers and orders
3. Ordering process and conclusion of contract
4. Ordering process and conclusion of contract on the Etsy platform
5. Contract text and contract language
6. Information on prices and shipping costs
7. Payment methods and terms
8. Retention of title
9. Delivery, availability of goods
10. Manufacturing and processing according to customer specifications
11. Promotional vouchers
12. Withdrawal policy
13. Warranty and liability
14. Final provisions
15. Dispute resolution and consumer dispute resolution

1. Scope of the GTC

1. The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the business relationship between Atelier Marie-Lucienne, Marjan Hoebeke-Pfaff, Lärchenstr. 35, 53947 Nettersheim (hereinafter referred to as "Seller") and the purchaser of the Seller's products and services (hereinafter referred to as "Products" or "Goods") referred to as "Purchaser".
2. Any deviating terms and conditions of the Customer shall not be recognised, even if the Seller provides its services without objection, unless the Seller expressly agrees to the validity of the Customer's deviating terms and conditions.
3. A "consumer" within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
4. "Entrepreneur" within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
5. The Seller's offer is directed exclusively at customers who are entrepreneurs (also referred to as "business customers" or "B2B"). By placing an order or registering as a customer, customers declare in each case that they are a business customer and not a consumer.

2. General information on offers and orders

1. The presentation of the products in the shop, on websites and in digital printed brochures, or catalogues or comparable product presentations of the seller does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the customer.
2. The customers are responsible for ensuring that the information they provide is accurate and that any changes are communicated to the seller if they are necessary for the seller to fulfil the contract. In particular, customers are responsible for ensuring that the e-mail and delivery addresses provided are accurate and that any obstructions to receipt for which customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the e-mail software used).
3. Customers are requested to carefully read and observe the instructions within the framework of the ordering process and to use the available support functions of their software and hardware if required (e.g. magnification or read-aloud functions). Required information shall be marked as such by the Seller in a manner reasonably recognisable to the Customer (e.g. by optical highlighting and/or asterisk signs). Until the order is sent, the customers can change and view the product selection and their entries at any time and go back in the order process or cancel the order process altogether. For this purpose, the customers can use the available and usual functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by cancelling the order process.

3. Ordering process and conclusion of contract

1. The customer can select from the products offered to the customer in the seller's assortment and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
2. By clicking on the button that concludes the ordering process, the customer makes a binding offer to the seller to purchase the products in the shopping basket.
3. The seller can accept the customer's offer within the acceptance period. The acceptance period is five days. The acceptance period begins with the completion of the order process by the customer (in the shop, or if used and named, on the platform used or by means of other communication channels) and ends with the expiry of its last day. The seller can accept the customer's offer by explicitly accepting the contract, also by e-mail. Acceptance may also be effected by the dispatch of the goods and their receipt by the customer within the acceptance period, as well as by a request for payment sent by the seller to the customer and, at the latest, by the completion of the payment transaction. In the event of several acceptance procedures, the earliest acceptance time shall be decisive. If the Seller does not accept the Customer's offer within the acceptance period, no contract shall be concluded and the Customer shall no longer be bound by its offer.

4. Ordering process and conclusion of contract on the Etsy platform

1. The terms and conditions of this section apply to orders placed via the Etsy platform. The purchase contract is concluded with the seller and not with Etsy.
2. The seller can accept the customer's offer within the acceptance period. The acceptance period is five days. The acceptance period begins with the completion of the order process by the customer (in the shop, or if used and named, on the platform used or by means of other communication channels) and ends with the expiry of its last day. The seller can accept the customer's offer by explicitly accepting the contract, also by e-mail. Acceptance may also be effected by the dispatch of the goods and their receipt by the customer within the acceptance period, as well as by a request for payment sent by the seller to the customer and, at the latest, by the completion of the payment transaction. In the event of several acceptance procedures, the earliest acceptance time shall be decisive. If the Seller does not accept the Customer's offer within the acceptance period, no contract shall be concluded and the Customer shall no longer be bound by its offer.
3. The customer can select from the products offered to the customer in the seller's range and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the ordering process.
4. By clicking on the button that concludes the ordering process, the customer makes a binding offer to the seller to purchase the products in the shopping basket.

5. Contract stext and language of contract

1. The seller saves the contract text and makes it available to the customer in text form (e.g. by e-mail or printed with the delivery of the order). The customer may print out the contract text before submitting the order to the seller by using the print function of his browser or the save function for web pages in the last step of the order process.
2. The seller may provide the contract documents to customers who are entrepreneurs both in text form and by other means (e.g. by reference to an online source).
3. If customers have created a customer account, they can view the orders placed in their account area. The complete text of the contract is not accessible in the account area.
4. The contract language is German, contracts can be concluded in this language.

6. Informations on prices and shipping costs

1. All price quotations are to be understood as final prices. The seller is subject to the small business regulation for sales tax and therefore does not show any sales tax or value added tax.
2. The delivery and shipping charges incurred in addition to the sales price will be notified to the customer in the respective product description and before the order is concluded, or linked.
3. In the case of delivery to countries outside the European Union (EU) or the European Economic Area (EEA), additional taxes (e.g. import duties) or costs (e.g. bank charges) may be incurred. These expenses are not paid via the Seller, but are to be settled by the Customer with the competent tax or customs authorities. The Seller recommends that the Customer obtain information about possible further costs from the competent authorities and on the basis of the country regulations applicable to the Customer in each case.
4. In addition to the stated prices, the seller charges the following shipping costs for the delivery: shipping costs flat rate: within Germany € 5,49 (insured shipping with tracking), from an order value of € 300,00 free of shipping costs. Shipping costs for EU and third countries on request.

7. Payment methods and terms

1. Unless otherwise agreed, payments shall be made without discounts, cash discounts or other rebates.
2. When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
3. The customer shall ensure that he/she fulfils the conditions incumbent on him/her which are necessary for successful payment by means of the selected payment method. These include, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorisation with payment services and confirmation of transactions.
4. If a payment is not made or reversed due to insufficient funds in the customer's account, the provision of incorrect bank details or an unjustified objection by the customer, the customer shall bear the fees incurred as a result, provided that the customer is responsible for the failed or reversed booking and, in the case of a SEPA transfer, was informed of the transfer in good time ("pre-notification").
5. Advance payment - If payment in advance by means of a bank transfer has been agreed, the payment amount shall already be due upon conclusion of the contract, subject to an express agreement to the contrary. The seller shall inform the customer of his bank details. Delivery shall be made after receipt of payment. If the advance payment is not received by the seller within 10 calendar days after sending the order confirmation, despite the due date, even after a renewed request, the seller shall withdraw from the contract with the consequence that the order shall lapse and the seller shall have no obligation to deliver. The order is then completed for the customer and the seller without further consequences.
6. PayPal - Payment is made via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") by means of the type of PayPal payment provided or selected by the customer. Customers are redirected directly to PayPal at the end of the ordering process. For customers who have a PayPal account, the following PayPal terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If customers use PayPal's services without having a PayPal account, the following terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. Overview of all terms and conditions: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
7. PayPal Plus (PayPal) - The customer must have a PayPal account and pays the amount owed by means of the PayPal transaction process.

8. Retention of title

If the Seller makes advance performance, the delivered products shall remain the property of the Seller until payment has been made in full.

9. Delivery, availability of goods

1. The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
2. If a payment service provider is used with which a delivery address is stored and the customer's use of the payment method informs the seller of this delivery address as being decisive for the ordered delivery, the goods will be delivered to the deviating delivery address.
3. If collection of the goods by the customer is agreed, the seller shall inform the customer that the goods are ready for collection at the agreed collection location. In this case, the customer shall not incur any shipping costs, unless expressly agreed otherwise.
4. If a delivery of goods fails for reasons for which the customer is responsible, the customer shall bear the costs incurred by the outward and return shipment to a reasonable extent. If the costs arise due to the exercise of the right of withdrawal for consumers, the aforementioned obligation to bear the costs shall only apply to the costs of sending the goods there, while the provisions in the instructions on withdrawal shall apply to the costs of returning the goods.
5. If the delivery of the goods fails due to the fault of the customer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay.
6. If the ordered goods are not available because the seller is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and an effort which is possible and reasonable for it, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of comparable goods. If no comparable goods are available or if the customer does not wish to have comparable goods delivered, the seller will immediately reimburse the customer for any payments already made.
7. The seller is not responsible for delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the seller vis-à-vis customers who are entrepreneurs, even in the case of bindingly agreed deadlines and dates. In this case, the Seller shall be entitled to postpone the delivery or service by the duration of the impediment plus a reasonable start-up period. The right to postpone the deadline shall also apply to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of a pre-supplier and for which neither the pre-supplier nor the seller are responsible. For the duration of this hindrance, the customer is also released from his contractual obligations, in particular payment. If the delay is unacceptable to the customer, the customer may withdraw from the contract by means of a written declaration after a reasonable period of time to be set by the customer or after consultation with the seller.
8. Customers are requested to report obvious transport damage to the transport company or carrier as soon as possible or otherwise to notify us of the transport damage. This does not impose any obligation on customers who are consumers; failure to notify does not restrict the customer's statutory rights or the enforcement of these rights, in particular the warranty and cancellation rights.

10. Manufacturing and processind according to customer specifications

1. If the contractual agreement between the contracting parties includes that the seller manufactures or processes the product to be delivered according to the customer's specifications, the customer shall be obliged to provide the seller with the information and materials required for the performance of the service and to offer cooperation (hereinafter collectively referred to as "cooperation").
2. The customer shall be informed of its required cooperation within the scope of the product description or the ordering process.
3. In fulfilling his obligations to cooperate, the customer must observe the agreed format, the agreed transmission route and other agreed technical specifications and deadlines, in particular when providing information and materials.
4. The customer undertakes to provide only such information and materials and to perform only such acts of cooperation whose processing by the seller in accordance with the contract does not violate applicable law or the intellectual property rights of third parties. In particular, the customer undertakes to ensure that it has the necessary rights of use and disposal for processing by the seller. The seller is not obliged to check the legality of the processing of the customer's MI effect.
5. The Seller shall not bear any costs for the Customer's cooperation.
6. The Customer shall indemnify the Seller, its employees and agents against any liability and/or claims of public authorities or third parties arising in connection with the Customer's involvement for which the Customer is responsible. The indemnity shall also include all necessary and reasonable legal defence costs. Furthermore, the customer shall support the seller in this case in the defence against the claims by means of reasonable and necessary acts of cooperation as well as information.
7. The Seller shall be entitled, on the basis of proper consideration, to reject processing orders, even after conclusion of the contract, in which the Seller may assume, on the basis of objective indications, a violation of the applicable legal situation, rights of third parties or morality (this shall apply in particular in the case of information and materials that are harmful to minors, discriminatory, offensive or anti-constitutional).

11. Promational vouchers

1. “Promotional vouchers" are vouchers issued free of charge by the seller in the context of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). In contrast, vouchers which embody a certain monetary or material value and are purchased by the customer as a product do not constitute promotionla vouchers.
2. Promotional vouchers can only be taken into account under the notified conditions, taking into account restrictions, e.g. the validity for certain product groups, frequency of use and, in particular, only within the specified period.
3. Unless otherwise stated, promotional vouchers may not be combined with other promotional vouchers.
4. Unless otherwise stated, the promotional vouchers issued to recipients may not be transferred to third parties.
5. Promotional vouchers issued by the seller may only be redeemed with the seller.
6. Unless otherwise stated, promotional vouchers may only be redeemed prior to completion of the order process.
7. If any amount remains to be paid after a promotional voucher has been redeemed, it may be paid using the payment methods offered by the seller.
8. If a promotional voucher exceeds the value of the goods, it will only be taken into account up to the value of the goods and the remaining amount will not be paid out.

12. Withdrawal policy

1. The information on the right of withdrawal for consumers can be found in the Seller's instructions on withdrawal.
2. The right of withdrawal does not apply to consumers who have their domicile, habitual residence or delivery address outside a member state of the European Union (EU) or the European Economic Area (EEA) at the time of conclusion of the contract and delivery and who do not belong to any of these member states.

13. Waranty and liability

1. Subject to the following provisions, the warranty (liability for defects) shall be governed by statutory provisions.
2. The seller may limit the warranty in the case of customers who are consumers if he has specifically informed the customers of this and the limitation of the warranty is expressly and separately agreed and this agreement is made available to the customer on a permanent data carrier.
3. Notwithstanding the liability provisions of these GTC, material defects shall generally become statute-barred one year after the transfer of risk in the case of customers who are entrepreneurs, unless longer periods are prescribed by law, in particular in the case of special provisions for the recourse of the entrepreneur.
4. If the customer is an entrepreneur, he shall inspect the goods without undue delay, irrespective of any statutory obligations to give notice of defects, and shall notify the supplier of any visible material defects without undue delay and in writing, and of any non-visible material defects without undue delay after they have been discovered. Failure to inspect and notify the supplier in good time shall result in the exclusion of the right to assert claims in respect of material defects.
5. The customer's rights of recourse against the seller within the scope of the entrepreneur's right of recourse in the case of purchases of consumer goods, which cannot be excluded by law, shall not be restricted.
6. If the customer is an entrepreneur, the seller may choose between rectification (i.e. removal of defects) of defective goods or subsequent delivery (delivery of goods free of defects).
7. Deviations in quality, weight, size, thickness, width, finish, pattern, colour, etc. that are customary in the trade and permissible in accordance with quality standards do not constitute defects.
8. In relation to customers who are entrepreneurs, only the information in the product description or other product descriptions or manufacturer information expressly included by the seller shall be authoritative for the quality of the goods. Other information in the media or public statements as well as information from the manufacturer or third parties are not authoritative.
9. The Seller shall not be liable for the Customer's Internet connection, the software and hardware used by the Customer and any disruptions caused by them to the formation or performance of the contract between the Customer and the Seller.
10. The Seller shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer regularly relies (cardinal obligations) or in the case of agreed guarantee promises. In this case, however, the Seller shall only be liable for the foreseeable, contract-typical and expectable damage. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages on the part of the customer are excluded. The above liability provisions shall also apply to the customer's claims for damages under the seller's statutory warranty.
11. The limitations of the warranty and liability obligations as well as the shortening of the relevant periods shall not apply to claims for damages and reimbursement of expenses of the customer, goods which have been used in accordance with their customary use for a building and have caused its defectiveness as well as to existing update obligations in the case of contracts for digital products.
12. The limitations of the warranty and liability obligations as well as the shortening of the relevant periods shall not apply in the event of mandatory consumer law recourse claims of the customer. This applies in particular in the case of claims for damages and reimbursement of expenses by consumers, in the case of a shortening of the deadline in the case of products which have been used for a building in accordance with their normal use and have caused its defectiveness, as well as in the case of any updating obligations in the case of contracts for digital products.

14. Final Provisions

1. The legal relationship between the customer, if he is an entrepreneur, and the seller shall be governed exclusively by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. The place of jurisdiction shall be at the Seller's registered office if the Customer is a merchant, a legal entity under public law or a special fund under public law or if the Customer has no general place of jurisdiction in the Seller's country of domicile. The Seller reserves the right to choose another permissible place of jurisdiction.

15. Dispute resolution and sonsumer dispute resolution

1. The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for the settlement of their disputes.
2. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer dispute resolution body.