Terms & Conditions

General Terms and Conditions with Customer Information

Table of Contents

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Special Conditions for Processing Goods According to Customer Specifications
Applicable Law
Alternative Dispute Resolution

1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Larissa Chupakhina, operating under the name "Atelier Culari Art" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding goods offered by the Seller in their online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer under these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity.

1.3 An entrepreneur under these GTC is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

2) Conclusion of Contract
2.1 The product descriptions in the Seller’s online shop are not binding offers by the Seller but serve for the Customer to make a binding offer.

2.2 The Customer can submit the offer via the online order form integrated in the Seller’s online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer by clicking the button that concludes the ordering process. The offer can also be submitted by e-mail.

2.3 The Seller can accept the Customer’s offer within five days

by sending a written order confirmation or confirmation in text form (fax or e-mail) (the receipt of which is decisive), or
by delivering the ordered goods (receipt of goods is decisive), or
by requesting payment after the Customer’s order.
If several alternatives apply, the contract is concluded at the moment the first occurs. The acceptance period starts the day after the offer is sent by the Customer and ends at the end of the fifth day. If the Seller does not accept within this period, the offer is rejected, and the Customer is no longer bound by their declaration.

2.4 If the Customer chooses PayPal as payment method, payment is processed via PayPal under their user agreement, accessible at PayPal User Agreement. If the Customer does not have a PayPal account, the conditions for payments without a PayPal account apply, accessible at PayPal Privacy Policy. By choosing a PayPal payment method, the Seller accepts the Customer’s offer at the moment the Customer clicks the order confirmation button.

2.5 After the contract is concluded via the online order form, the Seller stores the contract text and sends it to the Customer in text form (e.g., e-mail, fax, letter). The contract text is not otherwise made accessible. If the Customer has created a user account in the Seller’s online shop, the order data is archived and can be accessed by the Customer with their login data free of charge.

2.6 Before submitting the order, the Customer can recognize and correct input errors by carefully reading the displayed information on the screen. The browser’s zoom function can help to detect input errors. Input can be corrected until the order button is clicked.

2.7 The contract language is German.

2.8 Order processing and communication usually take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided is correct and capable of receiving e-mails from the Seller or third parties commissioned by the Seller.

3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.

3.2 Detailed information on the right of withdrawal is provided in the Seller’s withdrawal instructions.

4) Prices and Payment Terms
4.1 Unless otherwise stated, prices are total prices. No VAT is charged as the Seller is exempt as a small business. Additional delivery and shipping costs are indicated separately.

4.2 For deliveries outside the EU, additional costs (e.g., bank fees, customs duties) may apply and must be borne by the Customer.

4.3 Payment methods are communicated in the online shop.

4.4 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract unless otherwise agreed.

4.5 For PayPal payments, processing is done by PayPal and possibly third-party services. The Seller may transfer claims to PayPal or designated payment providers after credit checks. The Seller can refuse the payment method if the credit check is negative. The Customer must pay within the agreed terms and can only discharge the debt to PayPal or the designated provider. The Seller remains responsible for customer service and complaints.

4.6 For Stripe payments, processing is done by Stripe Payments Europe Ltd. Additional payment conditions may apply. More info at Stripe.

4.7 Credit card payments via Stripe are due immediately upon contract conclusion. Stripe may perform credit checks and refuse the payment method.

5) Delivery and Shipping Conditions
5.1 Delivery is made within the Seller’s specified delivery area to the delivery address provided by the Customer unless otherwise agreed. The address given during order processing is binding.

5.2 If delivery fails for reasons the Customer is responsible for, the Customer bears reasonable costs incurred by the Seller, except if the Customer exercises the right of withdrawal effectively. Return costs are governed by the withdrawal policy.

5.3 For entrepreneurs, risk of accidental loss or deterioration passes to the Customer once goods are handed over to the carrier or person responsible for shipping. For consumers, risk generally passes on delivery to the Customer or authorized person, except if the Customer has instructed the carrier and the Seller did not name this carrier beforehand.

5.4 The Seller reserves the right to withdraw from the contract in case of improper or failed self-supply, provided the Seller is not responsible and has concluded a proper coverage transaction. The Seller will make reasonable efforts to procure the goods and inform the Customer promptly if goods are unavailable, refunding payment immediately.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title
If the Seller has provided prepayment, ownership of the goods remains with the Seller until full payment is received.

7) Liability for Defects (Warranty)
Unless otherwise stated, statutory warranty provisions apply. For contracts for the delivery of goods:

7.1 If the Customer is an entrepreneur:

The Seller chooses the type of remedy.
Warranty period for new goods is one year from delivery.
Warranty rights for used goods are excluded.
Warranty period does not restart after replacement delivery.

7.2 The above limitations do not apply to:

Claims for damages or reimbursement of expenses.
Cases of fraudulent concealment of defects by the Seller.
Goods used as building materials causing defects.
Seller’s obligation to provide updates for digital products in contracts involving digital elements.

7.3 Statutory limitation periods for possible recourse claims remain unaffected for entrepreneurs.

7.4 Entrepreneurs subject to commercial law (§ 1 HGB) must inspect and notify defects per § 377 HGB. Failure to notify means acceptance of the goods.

7.5 Consumers are asked to report visible transport damage to the carrier and notify the Seller. Failure to do so does not affect statutory or contractual claims.

8) Liability
The Seller’s liability to the Customer for contractual, quasi-contractual, statutory, and tort claims for damages and expense reimbursement is as follows:

8.1 The Seller is fully liable for:

Intent or gross negligence.
Intentional or negligent injury to life, body, or health.
Guarantee promises unless otherwise agreed.
Mandatory liability, e.g., product liability law.

8.2 For negligent breach of essential contractual obligations, liability is limited to foreseeable typical damage, unless full liability applies as above. Essential obligations are those necessary for achieving the contract’s purpose and on which the Customer regularly relies.

8.3 Otherwise, liability is excluded.

8.4 These liability rules also apply to the Seller’s agents and legal representatives.

9) Special Conditions for Processing Goods According to Customer Specifications
9.1 If the Seller is obliged to process goods per Customer specifications, the Customer must provide all necessary content (texts, images, graphics) in the required formats and grant usage rights. The Customer is solely responsible for acquiring these rights and ensuring no third-party rights are infringed (copyright, trademark, personality rights).

9.2 The Customer indemnifies the Seller against claims from third parties regarding rights violations from the use of the Customer’s content and bears legal defense costs unless the Customer is not responsible. The Customer must provide all relevant information for defense.

9.3 The Seller may reject processing orders if the content violates laws, official bans, or good morals (e.g., unconstitutional, racist, discriminatory, offensive, youth-endangering, or violence-glorifying content).

10) Applicable Law
All legal relationships are governed by the law of the Federal Republic of Germany, excluding international sales law. For consumers, this applies only insofar as mandatory protection is not withdrawn by the law of their residence.

11) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution before a consumer arbitration board.