Terms and Conditions

General terms and conditions of business

preamble

The following general terms and conditions of Jolly Designs GmbH, Hans-Mess-Str. 3, 61440 Oberursel (hereinafter referred to as the seller), form the basis for all services provided.

  1. Scope, contractual partner
  2. Offers and service descriptions
  3. Ordering process and conclusion of contract
  4. Prices and shipping costs
  5. Delivery, availability of goods
  6. Payment terms
  7. Retention of title
  8. Right of withdrawal
  9. Return
  10. Warranty for material defects
  11. Liability
  12. Code of Conduct
  13. EU online dispute resolution
  14. Final provisions

I. Scope, contractual partners

  1. These General Terms and Conditions (hereinafter: GTC) apply to all contracts concluded between a consumer (hereinafter referred to as the customer) and Jolly Designs GmbH via the website www.jolly-designs.com and via websites with integrated shop offerings such as Etsy and Amazon.

  2. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his independent professional activity.

  3. These General Terms and Conditions apply in the version valid at the time of conclusion of the contract to the current and future business relationship between the Seller and the Customer, even if they have not been expressly agreed upon again. Deviating terms and conditions of the Customer are not recognized unless the Seller expressly agrees to their validity.

II. Offers and service descriptions

  1. The presentation of the products in the online shop does not constitute a legally binding offer to conclude a purchase contract, but rather an invitation to the customer to submit an offer.
  1. Service descriptions in catalogs and on the seller's websites do not constitute a representation or guarantee. The quality 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. Minor deviations in color from samples, format, and paper, fabric, and surface quality of all textiles, wall stickers, and other printed products cannot be completely avoided due to manufacturing or printing techniques. Please also note that the online display varies from monitor to monitor and can never exactly match the original.
  1. All offers are valid "while stocks last," unless otherwise stated. Errors and omissions excepted.

III. Ordering process and conclusion of contract

  1. The customer can submit the offer in person, by telephone, in writing, by email or via the ordering method available in the seller's online shop.
  1. When placing an order via the online shop, the customer can initially select and collect products from the seller's range without obligation by clicking the "Add to cart" button. In the shopping cart, the customer receives an overview of the products, which can be viewed, changed, and deleted there. To complete the ordering process, the customer clicks the "Go to cart" button within the shopping cart; this redirects them to the online order form, which the customer must complete in full. Information that is not required is marked as "optional." Alternatively, the customer can complete the ordering process using Express Checkout by clicking the Shop Pay, PayPal, or Google Pay button in the online order form; this redirects them to the respective payment service provider.

  1. The customer's legally binding order is placed by submitting the fully completed online order form and clicking the "Buy Now" button. Before submitting the order, the customer can review the data again and change it at any time. In particular, the customer can print the contract text before submitting the order using the print function of their browser in the last step of the order process.
  1. After completing the ordering process, the customer will receive an automatic confirmation of receipt via email with an order overview, which the customer can print using the "Print" function (order confirmation). The order confirmation represents acceptance of the purchase offer. Further information on products marked with the status "Pre-Order" or "Pre-Sale" can be found in Section V. The seller reserves the right to refuse acceptance of the order.
  1. In individual cases, the purchase contract with the customer is concluded earlier:

a) If the customer has selected advance payment, the contract is concluded upon providing the bank details and a payment request. If payment is not received by the seller within 10 calendar days of the order confirmation being sent, even after a renewed request, despite the due date, the seller has the right to withdraw from the contract. Consequently, the order is void and the seller is not obligated to deliver. The order is then completed for both the customer and the seller without further consequences. Therefore, an item is reserved for a maximum of 10 calendar days when paying in advance.

b) If the customer has chosen to pay by credit card, the amount will usually be charged prior to delivery. In this case, the purchase contract is deemed concluded at the time the credit card is charged.

c) If the customer already has a Shop Pay account, the customer’s offer will be accepted immediately after entering the email address and initiating the payment transaction.

d) If the customer makes an instant bank transfer, they will be asked to enter their online banking details, including their PIN and TAN. After submitting the order in the online shop and requesting the payment transaction, the customer's offer will be immediately accepted by the seller.

e) If the customer has chosen to pay via PayPal, the customer will be asked to confirm their login details and complete the payment. After submitting the order and requesting the payment transaction via PayPal, the seller immediately accepts the customer's offer.

f) When paying with Google Pay, the customer will be asked to log in to their Google account and select the card to be charged. If a credit card is stored and this is charged upon payment, which usually occurs before the order is delivered, the contract is deemed to be concluded at the time the credit card is charged. If the customer has stored a debit card, the customer's offer is accepted after the payment transaction is initiated.

g) When paying with Apple Pay, the time at which the purchase contract is concluded depends on the card deposited. If the customer has deposited a credit card and this is charged upon payment, which will usually occur before the order is delivered, the contract is deemed concluded at the time the credit card is charged. If the customer has deposited a debit card, the customer's offer is accepted after the payment transaction is initiated.

  1. The contract is concluded in German.

IV. Prices and shipping costs

  1. The prices stated in the seller's offer at the time of the order apply; these refer to the items shown in the respective description, but not to contents, accessories, or decoration. The seller reserves the right to change the prices stated in the catalog or online shop. All prices are final prices, i.e., they include the applicable statutory value-added tax and exclude shipping costs, if applicable.
  1. Shipping costs are explicitly calculated during the ordering process. Customers can view an overview of shipping costs at jolly-designs.com/pages/lieferung . Shipping within Germany is free for orders over €60.00.
  1. Additional costs may be incurred in individual cases for cross-border deliveries, such as additional taxes and/or duties, such as customs duties. The customer must inform themselves about these costs prior to placing an order. By concluding the contract, the customer agrees to bear these costs.

V. Delivery, availability of goods

  1. Goods are delivered via the seller's logistics partners to the delivery address provided by the customer. Customers are informed about delivery times and delivery restrictions (e.g., restrictions on deliveries to certain countries) on a separate information page ( jolly-designs.com/pages/lieferung ).
  1. If a product is out of stock, this will be indicated on the website, namely in the image of the item itself and in the respective product description, with the status "Pre-Order" or "Pre-Sale" and the expected availability date. Any deviations in shipping times will be indicated in the order confirmation.
  1. The customer must inquire about the shipping time for personalized products before placing an order.
  1. If advance payment has been agreed, delivery will take place upon receipt of the invoice amount. Otherwise, the seller will ship the ordered products in a timely manner so that they are delivered to the customer within the shipping time specified in the offer.
  1. If delivery to the customer is not possible, the contracted logistics partner will return the goods to the seller, with the customer bearing the costs for the unsuccessful delivery attempt. This does not apply if the customer is not responsible for the unsuccessful delivery attempt.
  1. If not all ordered products are in stock and this is expressly stated in the respective item description, the customer is free to

a) to withdraw from the contract or

b) to agree to one or more partial deliveries (partial delivery of the available products before partial delivery of the pre-ordered products), for which the customer must, however, bear the additional shipping costs, or

c) 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 if there are unforeseen delivery delays for part of the goods. The seller will then inform the customer immediately.

  1. If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller may 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 wish to receive a comparable product, the seller will immediately reimburse the customer for any consideration already provided.

VI. Terms of payment

The seller generally offers the customer the following payment methods:

  1. Standard transfer

The customer is permitted to complete the payment process by standard bank transfer. For this purpose, the customer must use the following account details:

Account holder: Jolly Designs GmbH

Bank: Frankfurter Volksbank

IBAN: DE81 5019 0000 6500 8088 86

BIC: FFVBDEFF

 

  1. Prepayment

The customer has the option of paying in advance. If this payment method is selected, the customer will receive the seller's account details with the order confirmation. If payment is not received by the seller within 10 calendar days of the order confirmation being sent, even after a repeated request, the seller has the right to withdraw from the contract. Consequently, the order becomes invalid and the seller is not obligated to deliver; the order is canceled.

 

  1. credit card

The customer reserves the right to make payment by credit card (Mastercard, AMEX, MAESTRO, VISA). Payment is processed via the payment processing system Stripe, operated by Stripe Inc., 510 Townsend Street, San Francisco, CA 94103, USA.

  1. Purchase on account

The " purchase on account " payment method is provided by Klarna. If the customer chooses to pay via Klarna when making a purchase, they only need to provide their name, email address, and postal address. Their account details are not recorded. Klarna then processes the purchase and transfers the money directly to the seller. The customer then receives an email from Klarna with an invoice for the items ordered. As soon as the items are shipped by the seller, Klarna will notify the customer in another email. The customer then has 14 days to settle their invoice with Klarna. If the customer wishes to return all or part of the delivered items, they can report their return via Klarna. Klarna will then pause their payment. The returned items must then be returned by the customer to the retailer. After receiving the returned products, the seller informs Klarna of the invoice items to be canceled. Klarna will then send the customer an updated invoice.

The customer can view further information provided by Klarna regarding the payment method and the general terms and conditions during the payment process.

 

  1. Instant bank transfer

The payment method " Instant Transfer " is also provided by Klarna. If the customer selects "Instant Transfer" during the purchase, payment is made via the customer's online banking. Authentication is performed by entering a PIN and TAN. Sofort GmbH, part of the Klarna Group, handles the payment transaction with the corresponding bank.

If the customer defaults on payment, Klarna may charge a flat rate of €1.20 for each reminder. The customer has the option of proving that Klarna has suffered no or only minor damages.

The customer can view further information provided by Klarna regarding the payment method and the general terms and conditions during the payment process.

 

  1. Paypal

The customer has the option of making payment directly through the payment service provider PayPal, provided they are registered with PayPal. After submitting the online order form by clicking the "Buy Now" button, the customer is redirected to their PayPal account and can authorize payment of the invoice amount. As soon as the seller's PayPal account has been notified of the customer's authorization, shipping will occur—depending on the delivery time specified for the item. The customer's PayPal account will be debited immediately after authorization with the actual invoice amount, less any discounts, gift certificates, etc.

The seller's PayPal account is as follows: jollydesigns2017@gmail.com

Further information provided by PayPal as well as its general terms and conditions can be found directly during the payment process.

 

  1. Shop Pay

Shop Pay, a product from Shopify, also offers customers an expedited checkout system. To use this, customers must have previously registered with Shopify and provided credit card information, a mobile phone number, shipping address, and email address for this website during the registration process. Payment can then be made by simply entering the email address during the next checkout process.

Further information can be found on the Shop Pay website .

 

  1. Apple Pay

The customer can also make the payment via the Apple Pay payment system of Apple Inc.

Further information can be found on Apple's website .

 

  1. Google Pay

Payment can also be made via Google Pay, a wallet system of Google LLC.

Further information can be found on Google’s website .

 

  1. Voucher / Gift Card

The customer is also permitted to complete the payment process by redeeming a voucher for the online shop if the seller has made this available as an option for the items to be purchased.

The seller reserves the right not to offer certain payment methods for each order. Only payments from EU accounts are accepted. Any transaction fees are the responsibility of the customer.

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 or she has the following right of withdrawal in the event that the contract was concluded exclusively using distance communication means:

Cancellation policy

  1. Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods.

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 email). You may use the attached model withdrawal form, but this is not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.

  1. Consequences of revocation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You will bear the direct cost of returning the goods. You will only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties, and functioning.

  1. Sample cancellation form

(If you wish to cancel the contract, please fill out this form and return it to us.)

To:

Jolly Designs GmbH

Hans-Mess-Str. 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 as appropriate

Download sample cancellation form

  1. Exceptions to the right of withdrawal

The right of withdrawal does not apply to

IX. Returns

  1. If the customer is not satisfied with their purchase, they may return the delivered products within 14 calendar days of receipt. The goods must be returned to the following address:

Jolly Designs GmbH

Hans-Mess-Str. 3

61440 Oberursel (Taunus)

Email: info@jolly-designs.com

The customer is responsible for the return shipping costs. Lost or misdirected returns without proof of shipment with a track & trace code will not be refunded. The same applies if delivered products are not returned on time. The customer must return all returned products to the seller in their original condition and well packaged in their original packaging to prevent damage during shipping.

  1. The purchase price will be refunded after receipt and inspection of the products using the original payment method.

X. Warranty for material defects

  1. The statutory warranty rights apply.
  1. If delivered items show obvious transport damage, the customer is asked to immediately report this to the seller's logistics partner and to contact the seller as soon as possible.

XI. Liability

  1. The following exclusions and limitations of liability apply to the Seller's liability for damages, without prejudice to other statutory requirements for claims.

  1. Liability for intent, fraud, and warranty claims is unlimited. In cases of gross negligence, the seller is liable for the typical damage 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 contract's purpose, or for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies (so-called cardinal obligations). In this case, however, the seller is only liable for foreseeable, contract-typical damage. Subject to paragraph 3, the seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

  1. The above limitations of liability do not apply in cases of injury to life, body, or health, for defects after a guarantee has been given regarding the quality of the product, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

  1. To the extent that the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

XII. EU Online Dispute Resolution

The European Commission has established an online dispute resolution (ODR) platform (Article 14 (1) of the ODR Regulation and Section 36 of the VSBG). The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from sales contracts concluded online. You can access the platform at the following link: ec.europa.eu/consumers/odr

XIII. Final provisions

  1. The contract concluded between the customer and the seller is subject to the law of the Federal Republic of Germany.
  1. The place of jurisdiction and 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.
  1. Should one or more provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

As of: May 24, 2024