1. Scope
1.1 These general terms and conditions (hereinafter "GTC") of „Joseph Atelier“ apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") concludes with the seller regarding the goods presented by the seller in their online shop.
1.2 A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of the contract
2.1 The product descriptions in the seller's online shop do not represent binding offers, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding offer by clicking the button that concludes the ordering process.
2.3 The seller can 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), whereby the receipt of the order confirmation by the customer is decisive, or
- delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- requesting payment from the customer after placing the order.
The contract is concluded when one of these alternatives occurs first. The period for accepting the offer begins on the day after the customer submits the offer and ends five days later. If the seller does not accept the customer's offer within this period, it is considered a rejection, and the customer is no longer bound by their offer.
2.4 If the payment method "PayPal Express" is selected, the payment is processed by PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), according 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, under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method, they issue a payment order to PayPal by clicking the button that completes the order process. In this case, the seller accepts the customer's offer as soon as the payment process is initiated.
2.5 Before the binding submission of the order, the customer can identify and correct input errors using the usual keyboard and mouse functions. An effective method for recognizing input errors is using the browser's zoom function to enlarge the on-screen representation.
2.6 Order processing and communication usually take place by email. The customer must ensure that the email address provided for order processing is correct and can receive emails from the seller. The customer should also ensure that their SPAM filters do not block emails from the seller or third parties authorized by the seller to process the order.
3. Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us via a clear declaration (e.g., a letter sent by mail or an email). You may use the model withdrawal form provided, but it is not mandatory.
- To Joseph Atelier (e-mail address: info@josephatelier.de)
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the.
following goods (*)/ the provision of the following service (*)
- Ordered on (*)
- Order number
- Name of the consumer(s)
- Address of the consumer(s)
- Date(s)
(*) Delete where not applicable.
To meet the withdrawal deadline, it is sufficient to send the notification of your withdrawal before the period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments received from you, excluding return shipping costs (which must be borne by the customer), without delay and no later than fourteen days from the day we receive your withdrawal notification. The refund will be made using the same payment method as the original transaction, unless otherwise agreed; no fees will be charged for this refund. We may withhold the refund until we have received the goods back or you have provided proof of returning the goods, whichever is earlier.
You must return the goods to:
Joseph Atelier, Active Ants Germany GmbH, Hoeschstraße 20, 46284 Dorsten
immediately and no later than fourteen days from the day you informed us of your withdrawal. The deadline is met if you send the goods before the fourteen-day period expires.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Exclusion or Early Expiry of the Right of Withdrawal
The right of withdrawal does not apply to consumers who do not reside in a member state of the European Union at the time of contract conclusion and whose sole residence and delivery address are outside the EU.
General Information
1) Please avoid damaging or contaminating the goods. Return the goods in their original packaging with all accessories and components. Use appropriate packaging to protect the goods during transport.
2) Please do not send goods back freight collect.
3) Note that points 1-2 are not a prerequisite for effectively exercising your right of withdrawal.
4. Prices and Payment Terms
4.1 Unless otherwise stated, the prices indicated in the seller's product descriptions are total prices.
4.2 The payment options will be communicated to the customer in the seller's online shop.
4.3 If using PayPal, payment is processed by PayPal (Europe) S.à r.l. et Cie, SCA, subject to their terms of use.
5. Delivery and Shipping Conditions
5.1 Delivery of goods occurs to the delivery address specified by the customer unless otherwise agreed.
5.2 If the transport company returns goods to the seller due to failed delivery, the customer bears the costs for the unsuccessful shipment, except if they are not responsible for the failed delivery or if the delivery was not reasonably announced by the seller. This does not apply if the customer exercises their right of withdrawal.
5.3 Collection by the customer is not possible for logistical reasons.
6. Retention of Title
The seller retains ownership of the goods until the full purchase price has been paid.
7. Liability for Defects (Warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The limitation period for claims related to defects in used goods is one year from delivery, except for cases involving fraudulently concealed defects or damage claims.
7.3 The customer is asked to report obvious transport damage to the delivery service and inform the seller. This does not affect the customer’s statutory rights.
8. Applicable Law
8.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as the protection afforded by mandatory provisions of the law of the country of habitual residence is not withdrawn.
8.2 The choice of law does not apply to consumers whose sole residence and delivery address are outside the European Union.
9. Place of Jurisdiction
For merchants, legal entities under public law, or special funds under public law, the place of business of the seller is the exclusive place of jurisdiction. For international customers, this also applies if the customer's professional or commercial activity is involved in the contract.
Status: 24/10/2024