Terms & Conditions
General terms and conditions with customer information
Table of contents
- Scope
- 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 the processing of goods according to specific customer specifications
- Applicable law
- Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Larissa Chupakhina, trading under "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 the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her 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 submit a binding offer by the Customer.
2.2 The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by email or via the online contact form.
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 e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch 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 will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com
2.5 When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., by email, fax, or letter) after the order has been sent. The Seller will not make the contract text available beyond this time. If the Customer has created a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.
2.6 Before submitting a binding 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 for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided 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 third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers generally have 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 are not members of a Member State of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. VAT is not charged, as the seller is exempt from VAT as a small business. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers through 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 money transfers 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 payment option(s) will be communicated to the customer in the seller’s online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered via the “PayPal” payment service is selected, payment will be processed via PayPal, although 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 he makes advance payments to the customer (e.g. purchase on account or payment by installments), he assigns his payment claim 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 will carry out a credit check using the customer data transmitted. The seller reserves the right to refuse the selected payment method to the customer if the check result is negative. If the selected payment method is accepted, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, he can only pay PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g. B. about the goods, delivery time, shipping, returns, complaints, declarations of revocation and sending or credit notes.
4.6 If you select a payment method offered via the "Stripe" payment service, payment processing will be carried out 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 Stripe will be communicated to the customer in the seller's online shop. Stripe may use additional payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information about Stripe can be found online at https://stripe.com/de
4.7 If the payment method "PayPal Direct Debit" is selected, PayPal will debit the invoice amount from the customer's bank account on behalf of the seller after issuing a SEPA direct debit mandate, but not before the expiry of the advance notification period. Advance notification ("pre-notification") is any communication (e.g., invoice, policy, contract) to the customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit despite being unentitled to do so, the customer must bear the fees incurred by the respective bank for the chargeback if the customer is responsible for this.
4.8 If you select the direct debit payment method via Stripe, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe will debit the invoice amount from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the expiry of the pre-notification period. Pre-notification is any communication (e.g., invoice, policy, contract) to the customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to the provision of incorrect bank details, or if the customer objects to the debit despite not being entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this. The seller reserves the right to conduct a credit check if the SEPA direct debit payment method is selected and to reject this payment method if the credit check is negative.
4.9 If you choose to pay by credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and reject this payment method if the credit check is negative.
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided by the seller during order processing is decisive for the processing of the transaction. Exception: If PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment is decisive.
5.2 For goods delivered by freight forwarding, delivery shall be made "free curbside", i.e. to the nearest public curb to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.
5.3 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. This shall not apply to the shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy apply to the return shipping costs.
5.4 If the customer is 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 item to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass to the customer upon handover of the goods to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, carrier or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies if the non-delivery is not the Seller's responsibility and the Seller has entered into a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.6 If the Seller offers the goods for collection, the Customer may collect the ordered goods from the address specified by the Seller during the business hours specified by the Seller. In this case, no shipping costs will be charged.
6) Retention of title
If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise stipulated in the following provisions, the statutory liability for defects applies. 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 warranty claims is one year from delivery of the goods;
- For used goods, warranty claims are excluded;
- The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and shortening of deadlines set out above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods which have been used for a building in accordance with their usual purpose and which have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.
7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he or she is subject to the commercial duty of inspection and notification of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.
7.5 If the customer is a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.
8) Liability
The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation for any legal reason
- in case of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- based on a guarantee promise, unless otherwise agreed,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damages under the contract, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the Customer may regularly rely.
8.3 Otherwise, the Seller’s liability is excluded.
8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
9) Special conditions for the processing of goods according to specific customer specifications
9.1 If, according to the content of the contract, the seller is obliged not only to deliver the goods but also to process the goods according to specific customer specifications, the customer must provide the seller with all content required for processing, such as text, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the seller, and grant the seller the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for ensuring that they have the right to use the content provided to the seller. They are responsible, in particular, for ensuring that no third-party rights are infringed, in particular copyrights, trademark rights, and personal rights.
9.2 The customer indemnifies the seller against any third-party claims that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the violation. In the event of a claim by third parties, the customer is obligated to promptly, truthfully, and completely provide the seller with all information necessary for the examination of the claims and for a defense.
9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer violates legal or regulatory prohibitions or is morally reprehensible. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, abusive, harmful to minors, and/or glorifies violence.
10) Applicable law
10.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
10.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
11) Alternative dispute resolution
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
As of: August 16, 2025, 12:38:36 p.m
Display prices in:EUR
