General Terms and Conditions

1. Area of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Atelier Jolanda's Tulip Fashion & Art (hereinafter referred to as "Seller") shall apply to all offers, purchase agreements and deliveries based on orders placed by consumers or entrepreneurs (hereinafter referred to as "Customer") with the Seller with regard to the goods displayed by the Seller in our online store www.jolandas-tulip.de.

1.2 These GTC shall apply mutatis mutandis to contracts for the order of vouchers, unless expressly provided otherwise.

1.3 The product range in the online store is aimed equally at consumers and entrepreneurs, but only at end users. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An 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 independent professional activity.

1.4 The Customer's terms and conditions shall not apply, even if we do not separately object to their application in individual cases.

2. Conclusion of contract

2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve 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 store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, e-mail or online contact form.

2.3 The Seller may accept the Customer's offer within five working days,

- by sending the Customer a written order confirmation or an order confirmation in text form (e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or

- by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer shall be decisive.

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the Customer and ends with the expiry of the fifth working day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

2.4 If the Customer selects "PayPal" as a payment method during the online ordering process, the Customer also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the Seller already declares acceptance of the Customer's offer at the time when the Customer triggers the payment process by clicking the button that concludes the ordering process.

3. Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 More detailed information on the right of withdrawal can be found in the Seller's information regarding right of withdrawal.

3.3 The right of withdrawal does not apply, unless otherwise agreed between the Seller and the Customer, to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the Consumer is decisive or which are clearly tailored to the personal needs of the Consumer.

3.4 The right of withdrawal does not apply to Consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

4. Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred 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 money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to 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 Customer shall have no right of set-off or retention unless the counterclaim is undisputed or has been finally adjudicated.

5. Shipment and delivery

5.1 All time periods for the shipment of the goods specified by us in the order or otherwise agreed upon shall commence on the day of receipt of the full purchase price.

5.2 Deadlines specified by us for the shipment of the goods shall always apply only approximately and may therefore be exceeded by up to two working days. This shall not apply if a fixed shipping date has been agreed. If no deadline or date for shipment is specified or otherwise agreed, shipment within 30 working days shall be deemed agreed.

5.3 We only owe the timely, proper delivery of the goods to the transport company and are not responsible for any delay caused by the transport company. A shipping time stated by us (period between handover by us to the transport company and delivery to the Customer) is therefore non-binding.

5.4 We are entitled to sell the goods at any time (even if they are marked as "available" on the order form) if we do not receive the payment within a period of two working days after our acceptance of the offer.

5.5 The delivery of goods shall be made by shipping to the delivery address specified by the Customer, unless otherwise agreed. In case of an order via the Seller's online order form, the delivery address specified in the online order form shall be decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the Customer with PayPal at the time of payment shall be decisive.

5.6 If the Customer has purchased several separately usable products in one order, we may also ship them in several separate deliveries, in which case we shall bear the additional shipping costs caused thereby. The Customer's statutory rights with regard to timely and proper delivery shall not be limited thereby.

5.7 Unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the transport company at our reasonable discretion.

5.8 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had given the Customer reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the delivery to the Customer if the Customer effectively exercises his/her right of withdrawal. For the return costs, if the Customer effectively exercises the right of withdrawal, the provision made in this regard in the Seller's withdrawal policy shall apply.

5.9 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any 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 sold goods shall in principle only pass to the Customer upon handover of the goods to the Customer or a person authorized to receive the goods.

5.10 If the goods are not available through no fault of our own or are not available in time despite timely reordering of the fabric or accessories, we shall be entitled to withdraw from the purchase contract. We shall notify the Customer immediately of the non-availability of the goods and, in the event of withdrawal, reimburse the Customer immediately for any payments made to us.

5.11 Self-collection is possible by appointment in Frankfurt am Main.

6. Retention of title

6.1 Vis-à-vis Consumer, the Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.

6.2 Vis-à-vis entrepreneurs, the Seller shall retain title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

6.3 The Customer shall treat the reserved goods with care.

6.4 If the Customer acts as an entrepreneur, it shall be entitled to resell the reserved goods in the ordinary course of business. The Customer shall assign to the Seller in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including value added tax). This assignment shall apply regardless of whether the reserved goods have been resold without or after processing. The Customer shall remain authorized to collect the claims even after the assignment. The authority of the Seller to collect the claims himself remains unaffected. However, the Seller shall not collect the receivables as long as the Customer meets its payment obligations to the Seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

6.5 In the event of access by third parties - in particular by bailiffs - to the reserved goods, the Customer shall refer to our ownership and notify us immediately so that we can enforce our ownership rights.

6.6 In the event of default in payment, the Seller shall be entitled to request the return of the reserved goods, provided that the Seller has withdrawn from the contract.

7. Warranty (Gewährleistung)

7.1 If the delivered goods are defective, the Customer may first demand that the Seller remedy the defect or deliver defect-free goods. If the customer is an entrepreneur, however, the Seller may choose between the elimination of the defect or delivery of a defect-free item; this choice can only be made by notification in text form (also by e-mail) to the Customer within three working days after receipt of the notification of the defect.

7.2 If the supplementary performance pursuant to 7.1 fails or is unreasonable for the Customer or if the Seller refuses the supplementary performance, the Customer shall be entitled, in each case in accordance with the applicable law, to withdraw from the purchase contract, to reduce the purchase price or to claim damages. The Customer's claims for damages shall be governed by the special provisions of Section 8 of these General Terms and Conditions.

7.3 The warranty period shall be two years from delivery.

7.4 The following shall apply only to entrepreneurs: The Customer shall carefully inspect the goods immediately after they have been sent. The delivered goods shall be deemed approved by the Customer if a defect is not notified to the Seller (1) in the case of obvious defects within (five) working days after delivery or (ii) otherwise within five working days after discovery of the defect.

8. Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason whatsoever

• - in case of intent or gross negligence,
• - in case of intentional or negligent injury to life, body or health,
• - on the basis of a warranty promise, unless otherwise regulated in this respect,
• - on the basis of mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the Customer may regularly rely on.

8.3 In all other respects, any liability of the Seller is excluded.

8.4 The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9. Redemption of promotional vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period.

9.2 Promotion Vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the Promotion Voucher.

9.4 Promotion Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.5 Only one Promotional Voucher can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

9.7 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.8 The credit balance of a Promotional Voucher shall neither be paid out in cash nor shall it bear interest.

9.9 The Promotional Voucher shall not be refunded if the Customer returns the goods paid for in full or in part with the Promotional Voucher within the scope of his/her statutory right of withdrawal.

9.10 The Promotional Voucher is transferable. The Seller may perform with discharging effect to the respective holder redeeming the Promotional Voucher in the Seller's online store. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

10. Redemption of gift vouchers

10.1 Vouchers that can be purchased via the Seller's online store (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online store, unless otherwise stated in the Voucher.

10.2 Gift Vouchers are redeemable until the end of the third year after the year of the voucher purchase.

10.3 Gift Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Only one gift certificate can be redeemed per order. Each gift voucher can only be redeemed for one order. The order value should therefore be at least the voucher value. After redemption, the gift certificate has no residual value.

10.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of other Gift Vouchers.

10.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

10.7 The balance of a Gift Voucher is neither paid out in cash nor does it earn interest.

10.8 The Gift Voucher is transferable. The Seller may perform with discharging effect to the respective holder redeeming the Gift Voucher in the Seller's online store. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

11 Applicable law

The purchase contract existing between the Seller and the Customer is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, subject to mandatory international private law provisions. If, however, the Customer is a consumer and has his habitual residence in another country, he shall retain protection under the relevant provisions of the country of residence, which may not be deviated from by agreement.

12. Place of jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the Seller. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. However, in the aforementioned cases, the Seller shall in any case be entitled to invoke the court at the Customer's place of business.

13. Alternative dispute resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

13.2 The Seller is not obligated to participate in a dispute resolution procedure before a consumer arbitration board, but is generally prepared to do so.