General Terms and Conditions

General Terms and Conditions

as of June 2021

1. Scope


These general terms and conditions (hereinafter GTC) apply to the offers made available by “Jolly Designs”, Gartenstrasse 14, 61462 Koenigstein im Taunus, Germany (hereinafter “Seller”), including the offers at www.jolly-designs.com and all via our online shop and our integrated shop offers (e.g. Facebook, Dawanda, Etsy, Amazon etc.) concluded contracts (hereinafter referred to individually and collectively as "webshop"), which the customer concludes with the seller.

The version of the General Terms and Conditions valid at the time the contract is concluded is decisive.

The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed in writing.

Customers are both consumers and entrepreneurs, whereby a consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity (§ 13 BGB), on the other hand, an entrepreneur is any natural or legal Person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity (§ 14 BGB).


2. Conclusion of the contract


The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. The color representation of the articles on the website may vary slightly depending on the internet browser and monitor settings used by the customer; these deviations are technically never entirely avoidable.

The customer can submit the offer in writing, by email or via the order method possible in the seller's online shop. When ordering online, the customer agrees to the terms and conditions and the seller's cancellation policy. After clicking the “Order with obligation to pay” button in the final step of the ordering process, the customer submits a legally binding contract offer with regard to the goods in the shopping cart. Before the binding submission of the order, all entries are displayed in a confirmation window. All entries can be checked and corrected if necessary.

The seller will immediately confirm receipt of the customer's offer electronically (email). The seller can accept the customer's offer by means of a written (letter) or electronically transmitted (fax or email) order confirmation or by delivering the goods within five days. With this e-mail confirmation, the purchase contract is concluded. The seller is entitled to refuse to accept the order.

If the delivery of the ordered item is not possible, for example because the item in question is not in stock, we will not issue a declaration of acceptance. In this case, a contract will not be concluded. We will inform you about this immediately and immediately reimburse any consideration already received.

The order data is saved by the seller and can be called up by the customer via the password-protected customer account after submitting his order. The prerequisite for this, however, is that the customer has created a user account before or as part of the ordering process. The order data will be sent to the customer in text form after the order has been sent. The same applies to the contractual provisions including these general terms and conditions and consumer information.

The order processing and contact take place via email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.


3. Return costs when exercising the right of withdrawal


If the customer has a right of revocation according to § 312d BGB, the regular costs of the return will be imposed on him when exercising the right of revocation. In all cases the seller bears the direct costs of the return. (see also the cancellation policy).

Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:

Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

Contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded,

Contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,

Contracts for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature,

Contracts for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,

Contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after delivery,

Contracts for the delivery of newspapers, magazines or magazines with the exception of subscription contracts


4. Prices and terms of payment


The prices at the time of the order apply. Errors and omissions excepted.

The prices quoted by the seller are final prices, ie they include all price components, including the statutory value added tax applicable in Germany. The prices refer to the items shown in each case according to the description, but not to the content, accessories and decoration.

Any additional delivery and shipping costs incurred will be specified separately in the respective product presentation in the offer.

All prices in our online shop are gross prices including statutory sales tax and do not include shipping costs.

The shipping costs are listed on www.jolly-designs.com under delivery and shipping . The price including sales tax and applicable shipping costs is also displayed in the order mask in all web shops before you send the order.

Jolly Designs is entitled to partial deliveries. If the order is fulfilled by partial deliveries, shipping costs are only incurred for the first partial delivery. If the partial deliveries are made at the customer's request, shipping costs will be charged for each partial delivery.

Additional costs are incurred in individual cases for cross-border deliveries, such as additional taxes and / or duties, for example in the form of customs duties. The customer has to find out about the costs in advance of the order. With the conclusion of the contract, the customer agrees to the assumption of these costs.

For deliveries within Germany, the seller offers the following payment options, unless otherwise specified in the respective product description in the offer:


• Prepayment / standard transfer

If you choose the payment method in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.

Our bank details
Account holder: Nishtha Jolly
Bank name: Frankfurter Volksbank
IBAN: DE79501900006700214247
SWIFT-BIC: FFVBDEFF

• PayPal

Payment is processed via PayPal (Europe) S.àr.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at www.paypal.com . If you are already registered with PayPal, you can use this service to pay for your purchases in our shop quickly, easily and securely. At the end of the ordering process you will be redirected to PayPal.

- Paying with PayPal is free of charge for you as a buyer.

- The fees incurred are borne by the seller.

- 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

• Credit card

When paying via the payment service provider "Stripe", payment is processed via the payment service provider Stripe, Strip, Inc., 510 Townsend Street, San Francisco, CA 94103, USA. More information at www.stripe.com

If shipping abroad is also offered for the respective product , the customer has the following payment options for deliveries abroad, unless otherwise specified in the respective product description in the offer:

• Prepayment by

• Bank transfer (except deliveries to Switzerland)

• PayPal

• Credit card

If prepayment has been agreed, payment is due immediately after the conclusion of the contract.


5. Retention of Title


All goods delivered remain the property of the seller until the invoice amount has been paid in full, including all ancillary costs.


6. Delivery and shipping conditions


The delivery of goods takes place regularly on the dispatch route and to the delivery address specified by the customer, after receipt of payment. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

The shipping costs abroad can be inquired about the contact page before ordering for the intended purchase.

The shipping time can be found in the information on delivery on the pages of www.jolly-designs.com . Any deviating shipping times will be indicated in the order confirmation. The shipping time for custom-made products is to be requested by the customer before ordering.

If delivery to the customer is not possible, the commissioned transport company sends the goods back to the seller, whereby the customer has to bear the costs of the unsuccessful delivery. This does not apply if the customer is not responsible for the unsuccessful delivery attempt.


7. Liability for defects


The statutory liability for defects applies.

Unless expressly agreed otherwise, further claims by the customer - for whatever legal reasons - are excluded. The seller is not liable for damage that has not occurred to the delivery item itself; in particular, the seller is not liable for lost profit or other financial losses suffered by the customer.


8. Warranty


We are liable for material or legal defects of delivered articles according to the applicable legal regulations, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.


9. Liability


We are liable in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.

In other cases - unless otherwise stipulated in Section 8, last paragraph - we are only liable in the event of a breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer can regularly rely (so-called cardinal obligation), namely limited for the replacement of the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the regulation in §8 last paragraph.

Our liability for damage resulting from injury to life, limb or health and in accordance with the Product Liability Act remains unaffected by the above limitations and exclusions of liability.


10. Copyright and trademark law


Some of our products are protected by utility model law and trademark law. The right of use belongs exclusively to the owner of the rights. Any third party is prohibited from using this design or the protected design. In the event of violation, there is a risk of claims for damages, removal and injunctive relief.

Jolly Designs endeavors to observe the copyrights of the images, graphics, sound documents, video sequences and texts used in all publications, to use images, graphics, video sequences and texts it has created itself or to use license-free graphics, sound documents, video sequences and texts. All brands and trademarks named on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owner. The conclusion that trademarks are not protected by the rights of third parties should not be drawn simply because they are mentioned. The copyright for published objects created by the author remains solely with the author of the pages. Duplication or use of such graphics, audio files, video sequences and texts in other electronic or printed publications is not permitted without the express consent of Jolly Designs. Responsible for the content according to § 5 TMG is Nishtha Jolly, contact details see above.


11. Applicable law and place of jurisdiction


The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

If the customer is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if their domicile or habitual abode are not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

Dispute settlement: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr .

We are currently not participating in such dispute resolution. If you have any questions or problems with your order, you can of course still contact us directly at info@jolly-designs.com or via our contact form .


12. Contract text storage


We save the contract text and send you the order data and our terms and conditions by email. You can also view and download the terms and conditions here on this page at any time. You can view your past orders in our web shops in your customer login. Provided that a customer account has been created beforehand.


13. Contract language


The contract language is German.


14. Data protection


In addition to the information in these terms and conditions, the provisions of our data protection declaration apply


15. Code of Conduct


We are guided by the following code of conduct: Trusted Shops quality criteria

Code of Conduct URL:

English
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