General Terms and Conditions
preamble
The following general terms and conditions of Jolly Designs GmbH, Hans-Mess-Straße 3, 61440 Oberursel (Taunus), Germany, (hereinafter: seller) are the basis for all services provided by the seller on www.jolly-designs.com
Scope, contractual partners
Offers and service descriptions
Ordering process and conclusion of contract
Prices and shipping costs
Delivery, availability of goods
Payment modalities Retention of
title Right of
withdrawal
Returns Warranty for
defects
Liability Code of
Conduct
EU Online Dispute Resolution
Final Provisions
I. Scope, contractual partner
These general terms and conditions (hereinafter: GTC) apply to all contracts between a consumer or entrepreneur (hereinafter: customer) and Jolly Designs GmbH via the website www.jolly-designs.com and websites with integrated shop offers such as Etsy and Amazon to be completed.
A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who orders for commercial, independent or freelance purposes.
These General Terms and Conditions apply in the version valid at the time the contract is concluded for the current and future business relationships between the seller and the customer, even if they have not been expressly agreed again. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
II. Offers and service descriptions
The presentation of the products in the online shop does not constitute a legally binding offer, but a binding offer to conclude a purchase contract. Descriptions of services in catalogs and on the seller's website do not have the character of an assurance or guarantee. The nature of the goods offered in the online shop is based exclusively on the product descriptions. The product images are intended only as a guide to the appearance of the goods. In the case of all textiles, wall stickers and other printed matter, slight deviations in color from samples, in format and in the quality of paper, fabric and surface cannot be completely avoided due to manufacturing or printing technology. Also note
All offers are valid "while stocks last" unless otherwise noted on the products. Apart from that, errors remain reserved.
III. Ordering process and conclusion of contract
The contract is concluded by completing the ordering process. The customer has the option of making corrections during the current ordering process. Before completing the ordering process, the customer can review his order in an order summary.
The customer can submit the offer personally, by telephone, in writing, by e-mail or via the ordering option available in the seller's online shop. When ordering via the online shop, he can select products from the seller's range without obligation and collect them using the "Add to shopping cart" button. The customer can then use the "Checkout" button in the shopping cart to complete the ordering process. Here the customer has to enter all required data in the fields provided for this purpose. Alternatively, the customer can complete the ordering process directly on the relevant product page using the PayPal Express button.
The customer submits a binding request to purchase the goods in the shopping cart by clicking on the "Buy now" button. Before sending the order, the customer can check the data again and change it at any time; In particular, he can print out the text of the contract before placing the order using the print function of his browser in the last step of the order. Information that is not required is marked with the addition "optional".
The seller then sends the customer an automatic acknowledgment of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic acknowledgment of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded if the seller has delivered the ordered product to the customer within 5 days, for personalized products within 7 days customer has sent, handed over or confirmed the dispatch to the customer with a letter, fax or a second e-mail, express order confirmation or sending of the invoice. Further information on products, which are marked with the status "pre-order" or "advance sale" can be found in Section V. The seller is entitled to refuse to accept the order.
If the customer has selected payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days after the order confirmation has been sent, despite the fact that the payment is due, even after a renewed request, the seller has the right to withdraw from the contract, with the result that the order is no longer valid and the seller is not obliged to deliver meets. The order is then completed for the customer and the seller without further consequences. A reservation of the item in the case of prepayment is therefore made for a maximum of 10 calendar days.
The final contract is in German.
IV. Prices and shipping costs
The prices listed in the offer at the time of the order apply. The prices quoted are final prices, ie they include the applicable statutory value added tax (plus shipping costs). The prices refer to the items shown in each case according to the description, but not to the content, accessories and decoration.
The seller calculates shipping costs in addition to the stated final prices. The calculation of shipping costs is explicitly shown during the ordering process. The customer can see an overview of the shipping costs at www.jolly-designs.com/pages/liefer . From an order value of €60.00, shipping within Germany is free.
Additional costs are incurred in individual cases for cross-border deliveries, such as additional taxes and/or duties, such as customs duties. The customer must find out about the costs before placing the order. With the conclusion of the contract, the customer agrees to the assumption of these costs.
V. Delivery, availability of goods
Goods are delivered via a logistics partner of the seller to the delivery address specified by the customer. Customers are informed about delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) on a separate information page ( www.jolly-designs.com/pages/liefer ).
If a product is not in stock, this will be indicated on the website, namely on the image of the item itself and in the respective item description, with the status "pre-order" or "pre-sale" and the expected availability date. Any deviating shipping times will be indicated in the order confirmation.
The shipping time for individually manufactured products must be requested by the customer before ordering.
If advance payment has been agreed, delivery will take place after receipt of the invoice amount. In addition, the seller will ship the ordered products in good time so that they are delivered to the customer within the shipping time specified in the offer.
If delivery to the customer is not possible, the commissioned transport company will send the goods back to the seller, with the customer having to bear the costs for the unsuccessful delivery. This does not apply if the customer is not responsible for the unsuccessful attempt at delivery.
If not all ordered products are in stock and this is expressly stated in the respective item description, the customer is free to
withdraw from the contract or
agree to one or more partial deliveries (partial delivery of the available products before partial delivery of the pre-ordered products), although the additional shipping costs will have to be borne by the customer, or
to opt for simultaneous delivery of all products as soon as the pre-ordered products are available.
The same options are available to the customer in the event of unforeseen delays in the delivery of part of the goods. The seller will then inform the customer immediately.
If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
VI. payment arrangements
The customer can choose from the available payment methods as part of and before completing the ordering process:
Payment by standard bank transfer
Account holder: Jolly Designs GmbH
Bank institute: Frankfurter Volksbank
IBAN: DE81501900006500808886
BIC: FFVBDEFF
Payment by gift card / gift card
Credit card (Mastercard, AMEX, MAESTRO & Visa; the payment is processed via the payment processing system Stripe, Stripe Inc., 510 Townsend Street, San Francisco, CA 94103, USA)
Purchase on account / Klarna
Sofort / by Klarna
Shop Pay / by Shopify
Apple Pay
Google Pay
PayPal
Further information:
Payment via PayPal
The customer pays directly via his PayPal account. After sending the order by clicking on the "Buy" button, you will be forwarded to PayPal and can release the order value there. As soon as the seller's Paypal account has been informed of the customer's authorization, the shipment will take place - depending on the delivery time specified for the item. The customer's Paypal account will be debited with the actual invoice amount after deduction of any discounts, gift vouchers, etc. immediately after authorization has been carried out.
For you as a buyer, paying with PayPal is free of charge.
The seller bears the resulting fees.
Pay in just 2 steps without entering bank or credit card details.
The seller receives the money within seconds.
Your bank and credit card details will not be given to third parties.
When goods are returned, the corresponding value of the goods will be credited to your PayPal account.
Our PayPal account: jollydesigns2017@gmail.com
Payment via Klarna
If the customer chooses to pay via Klarna when making the purchase, all they have to do is provide their name, email address and postal address. His account details are therefore not recorded. Klarna then takes over the processing of the purchase and transfers the money directly to the retailer. The customer then receives an email from Klarna with an invoice for the products he has ordered. As soon as the products are shipped from the retailer, Klarna will inform the customer of this in another email. The customer then has 14 days to settle his invoice with Klarna. If the customer wishes to return the delivered products or part of them, he can report his return via Klarna. His payment will then be paused by Klarna. The returned products must then be sent back to the dealer by the customer. After receiving the returned products, the retailer informs Klarna about the invoice items to be canceled. Klarna then sends the customer an updated invoice.
VII. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
VIII. Right of Withdrawal
If the customer is a consumer, he has the following right of withdrawal in the event that the contract was concluded using only means of distance communication:
Right of Withdrawal Right of
Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must inform us, Jolly Designs GmbH, of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you withdraw from this contract, we will have paid you all payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back to us.)
At:
Jolly Designs GmbH
Hans-Mess-Strasse 3, 61440
Oberursel (Taunus), Germany
Email
: info@jolly-designs.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)
Ordered on (*)/received on (*):
Name of consumer(s) :
Address of the consumer(s):
date, signature of the consumer(s) (only if notification is made on paper)
(*) Delete where not applicable
Download sample withdrawal form
The right of withdrawal does not exist
Contracts for the supply of goods that are not prefabricated and that have been made to customer specifications or are clearly tailored to the customer's personal needs (e.g. when personalizing a book). All personalized products are intended for final sale and are made according to the customer's instructions. The seller shall not be liable for errors arising from any instruction or specification provided by the customer.
Contracts for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.
IX. return
If the customer is not satisfied with his purchase, he can return the delivered products within 14 calendar days of receipt. The goods must be returned to the following address:
Jolly Designs GmbH
Hans-Mess-Strasse 3, 61440
Oberursel (Taunus), Germany
Email
: info@jolly-designs.com
The shipping costs of the return are to be borne by the customer. Lost or misdirected returns will not be refunded without proof of shipment with a track and trace code. The same applies in the event that delivered products are not returned on time. The customer must return all products that he wishes to return to the seller in their original condition and well packaged in the original packaging so that the products are not damaged in transit.
The purchase price will be refunded after receipt and inspection of the products using the original payment method.
X. Warranty for Material Defects
Warranty rights apply.
If delivered items show obvious transport damage, the customer is asked to complain immediately to the seller's logistics partner and to contact the seller as soon as possible.
XI. Liability
The following exclusions and limitations of liability apply to the seller's liability for damages, notwithstanding the other statutory requirements for claims.
Liability for intent, fraudulent intent and under guarantee is unlimited. In the event of gross negligence, the seller is liable in the amount of the typical damage that was foreseeable at the time the contract was concluded. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies (so-called cardinal obligations ). In this case, however, the seller is only liable for the foreseeable, contract-typical damage. Subject to paragraph 3, the seller is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
Insofar as the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
XII. Code of Conduct
We are guided by the following code of conduct: Trusted Shops quality criteria. Further details on the Code of Conduct can be found at the following link: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
XIII. EU Online Dispute Resolution
The European Commission has set up an internet platform for online dispute resolution (OS) (Art. 14 Para. 1 ODR-VO and § 36 VSBG). The platform serves as a contact point for the out-of-court settlement of disputes about contractual obligations from purchase contracts that were concluded online. You can access the platform via the following link: ec.europa.eu/consumers/odr
XIV. Final Provisions
The contract concluded between the customer and the seller is subject to the law of the Federal Republic of Germany.
Unless the customer when ordering
has no place of residence in the Federal Republic of Germany or
moves his place of residence abroad after the conclusion of the contract or
whose place of residence is not known at the time the action is filed,
is the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship in Frankfurt am Main.
Place of jurisdiction and place of performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
Should one or more provisions of these General Terms and Conditions be or become invalid, this will not affect the validity of the other provisions.