This translation is provided for your convenience. Only the German version is legally binding.

General Terms and Conditions with Customer Information

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping terms
6. Retention of title
7. Liability for defects (statutory warranty rights)
8. Liability
9. Special terms for processing goods according to specific customer requirements
10. Special terms for repair services
11. Applicable law
12. Code of conduct
13. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Krystyna Cordes, trading as “Krystyna Cordes” (hereinafter “Seller”), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller with regard to the goods presented by the Seller in the Seller’s 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 enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.3 For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button that concludes the ordering process. The Customer may also submit the offer to the Seller by email.

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), in which case receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
• by requesting the Customer to pay after the Customer has placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth 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 is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed 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”), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button that concludes the ordering process.

2.5 When an offer is submitted via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has sent their order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before sending their order, the order data is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login details.

2.6 Before bindingly submitting the order 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 identifying input errors more easily may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Various languages are available for concluding the contract. The specific choice of languages is shown in the online shop.

2.8 Order processing and contact usually take place by email and automated order processing. The Customer must ensure that the email address they provide for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not nationals of any Member State of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time the contract is concluded.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller’s product description, the prices given are total prices. No VAT is charged, as the Seller is exempt from VAT as a small business. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional 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 arise in relation to the transfer of money if 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 payment option(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.5 If a payment method offered via the payment service “PayPal” is selected, payment is processed via PayPal, and PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal for which the Seller performs in advance towards the Customer (e.g. purchase on account or payment by instalments), the Seller assigns the payment claim to that extent to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payment with discharging effect to PayPal or the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and return shipments, or credit notes.

4.6 If a payment method offered via the payment service “Shopify Payments” is selected, payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller’s online shop. Stripe may use other payment services to process payments, to which special payment terms may apply, of which the Customer may be informed separately. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and shipping terms

5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address given in the Seller’s order processing is decisive for the processing of the transaction. Notwithstanding this, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 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 the outbound shipment, this does not apply if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises the right of withdrawal, the return costs are governed by the provision made in this respect in the Seller’s cancellation policy.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed the item over to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes upon handover of the goods to the Customer or to a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer, even in the case of consumers, as soon as the Seller has handed the item over to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has instructed the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the Seller by its own suppliers. This applies only if the non-delivery is not the Seller’s responsibility and the Seller has, with due care, concluded a specific covering transaction with the supplier. The Seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be informed without delay and the consideration refunded without delay.

5.5 Collection in person is not possible for logistical reasons.

6) Retention of title

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

7) Liability for defects (statutory warranty rights)

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

7.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for defects is one year from delivery of the goods;
• for used goods, rights and claims based on defects are excluded;
• the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 If the Customer acts as a consumer, the following applies to contracts for the delivery of used goods, subject to the restriction in the following clause: the limitation period for claims based on defects is one year from delivery of the goods if this has been expressly and separately agreed in the contract between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting their contractual declaration.

7.3 The limitations of liability and shortened periods set out above do not apply

• to claims of the Customer for damages and reimbursement of expenses,
• in the event that the Seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
• to any obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.5 If the Customer acts as a merchant within the meaning of § 1 HGB, the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.6 If the Customer acts as a consumer, the Customer is requested to report goods delivered with obvious transport damage to the delivery company and to inform the Seller accordingly. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims based on defects.

8) Liability

The Seller is 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 is liable without limitation on any legal grounds

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

8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the preceding clause. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely.

8.3 Otherwise, any liability of the Seller is excluded.

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

9) Special terms for processing goods according to specific customer requirements

9.1 If, according to the content of the contract, the Seller owes not only the delivery of goods but also the processing of the goods according to specific requirements of the Customer, the Customer must provide the Seller with all content required for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the Seller and grant the Seller the rights of use required for this. The Customer is solely responsible for procuring this content and acquiring the rights to it. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are infringed as a result, in particular copyrights, trademark rights and personality rights.

9.2 The Customer shall indemnify the Seller against claims of third parties that they may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer’s content by the Seller. In this context, the Customer shall also bear the necessary costs of legal defence, including all court and lawyers’ fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. In the event of a claim by third parties, the Customer is obliged to provide the Seller immediately, truthfully and completely with all information necessary for examining the claims and for a defence.

9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or is contrary to public morals. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory or insulting content, content harmful to minors and/or content glorifying violence.

10) Special terms for repair services

If, according to the content of the contract, the Seller owes the repair of an item belonging to the Customer, the following applies:

10.1 Repair services are provided at the Seller’s place of business.

10.2 The Seller provides the services, at the Seller’s discretion, personally or through qualified personnel selected by the Seller. The Seller may also use the services of third parties (subcontractors) acting on the Seller’s behalf. Unless otherwise stated in the Seller’s description of services, the Customer has no claim to the selection of a specific person to carry out the desired service.

10.3 The Customer must provide the Seller with all information necessary for repairing the item, unless, according to the content of the contract, obtaining such information falls within the Seller’s scope of duties. In particular, the Customer must provide the Seller with a comprehensive description of the fault and inform the Seller of all circumstances that may have caused the fault identified.

10.4 Unless otherwise agreed, the Customer must send the item to be repaired to the Seller’s place of business at the Customer’s own cost and risk. The Seller recommends that the Customer take out transport insurance for this purpose. The Seller further recommends that the Customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The Seller will inform the Customer without delay of any obvious transport damage so that the Customer can assert any rights they may have against the carrier.

10.5 The item is returned at the Customer’s expense. The risk of accidental loss and accidental deterioration of the item passes to the Customer upon handover of the item to a suitable transport person at the Seller’s place of business. At the Customer’s request, the Seller will take out transport insurance for the item.

10.6 The above provisions do not limit the Customer’s statutory rights in respect of defects in the event of the purchase of goods from the Seller.

10.7 The Seller is liable for defects in the repair service provided in accordance with the statutory provisions on liability for defects.

11) Applicable law

11.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, are not nationals of any Member State of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time the contract is concluded.

12) Code of conduct

- The Seller has submitted to the conditions of participation of the eCommerce initiative “Fairness im Handel”, which can be viewed online at https://www.fairness-im-handel.de/teilnahmebedingungen/.

13) Alternative dispute resolution

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