Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Applicable Law
10. Place of Jurisdiction
11. Alternative Dispute Resolution

 

1. Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of ORNELLA COLICCHIO UG  (haftungsbeschränkt) (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 in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their 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 by the Seller but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit the 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 with regard to the goods contained in the shopping cart by clicking the button concluding the order process.

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 email), whereby receipt of the confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the order has been placed.

If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within this 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 When ordering via the Seller’s online order form, the contract text is stored by the Seller after the contract has been concluded and transmitted to the Customer in text form (e.g., email, fax, or letter) after the order has been sent. The Seller will not make the contract text accessible beyond this.

If the Customer has created a user account in the Seller’s online shop before submitting the 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 using the corresponding login data.

2.5 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 recognizing input errors may be the browser’s zoom function, which enlarges the display on the screen.

The Customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until clicking the button that concludes the ordering process.

2.6 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.7 Order processing and contact generally take place 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 by third parties commissioned by the Seller for order processing can be delivered.

3. Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the Seller’s cancellation policy.

4. Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs that may apply are specified separately in the respective product description.

4.2 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.3 If a payment method offered via the payment service “Shopify Payments” is selected, payment processing is 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 through Shopify Payments are communicated to the Customer in the Seller’s online shop. Stripe may use additional payment services for processing payments, for which special payment conditions may apply and about which the Customer may be informed separately.

Further information on Shopify Payments is available online at https://www.shopify.com/legal/terms-payments-de.

4.4 If a payment method offered via the payment service “Apple Pay” is selected, payment processing is carried out by Apple Distribution International (“Apple”), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland.

The individual payment methods offered via Apple Pay are communicated to the Customer in the Seller’s online shop. Apple may use additional payment services for processing payments, for which special payment conditions may apply and about which the Customer may be informed separately.

Further information on Apple Pay is available online at https://www.apple.com/de/apple-pay/.

5. Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer unless otherwise agreed. The delivery address stated during the Seller’s order processing is decisive for the transaction.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result.

This shall not apply to shipping costs if the Customer effectively exercises their right of withdrawal. In the event of an effective withdrawal, the provisions set out in the Seller’s cancellation policy regarding return shipping costs shall apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment.

If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the Customer or a person authorized to receive them.

Notwithstanding the foregoing, the risk also passes to the Customer if the Customer has commissioned the forwarding agent, carrier, or other designated person or institution to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due diligence.

The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed immediately and any consideration shall be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6. Retention of Title

If the Seller makes advance performance, the Seller retains ownership of the delivered goods until full payment of the purchase price owed has been made.

7. Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions governing liability for defects shall apply. Deviating from this, 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;
• the limitation period for defect claims for new goods is one year from delivery of the goods;
• defect claims for used goods are excluded;
• the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and reductions of time limits set out above shall not apply:

• to claims for damages and reimbursement of expenses by the Customer;
• if the Seller has fraudulently concealed the defect;
• to goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness;
• to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB applies. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain to the carrier about delivered goods with obvious transport damage and inform the Seller accordingly. Failure to do so shall have no effect whatsoever on the Customer’s statutory or contractual defect claims.

8. Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason:

• in cases of intent or gross negligence;
• in cases of intentional or negligent injury to life, body, or health;
• on the basis of a guarantee promise unless otherwise regulated;
• on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract unless unlimited liability applies in accordance with the above provision.

Material contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, whose fulfillment 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 liability of the Seller’s vicarious agents and legal representatives.

9. Applicable Law

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 only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10. Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract.

If the Customer’s registered office is outside the territory of the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity.

In the above cases, however, the Seller is in any event entitled to bring proceedings before the court at the Customer’s place of business.

11. Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Version: 13/05/2026, 20:08:22