Scope
(1) These General Terms and Conditions (GTC) apply to the purchase contracts concluded between you and us, Nilha Kapur, ROSENGOLD ATELIER, PO Box 26 01 07, 40094 Düsseldorf, via our web shop. The contract text for your order is not stored by us and can no longer be accessed after the contract has been concluded. You can download the text of the GTC to your computer here, save it permanently and print it out.

(2) Our web shop is aimed at consumers. You are a consumer if the purpose of your order cannot be attributed to your commercial or independent professional activity (Section 13 of the German Civil Code). On the other hand, you are an entrepreneur if you are acting in the exercise of your commercial or independent professional activity when concluding the purchase (Section 14 of the German Civil Code).

(3) The contract language is German.

Conclusion Of Contract
(1) The presentation of our products in our web shop and the granting of the opportunity to order does not constitute a binding offer on our part. This is merely an invitation from us to you to make a binding offer to conclude a purchase contract.

(2) Your order via our web shop is a legally binding offer to conclude a purchase contract. A purchase contract is concluded via our web shop as follows:
(a) You can select goods from our range and collect them in a virtual shopping cart using the “Add to cart” button.
(b) You can view and change the contents of your shopping cart at any time by clicking on the corresponding “shopping cart” symbol.
(c) To continue the ordering process, activate the “Checkout” button and enter your personal data.
(d) By clicking the “Buy” button you make a binding offer to conclude a purchase contract for the goods last in the shopping cart. Before submitting the order, you have another opportunity to check your order and, if necessary, change or cancel it. You can also cancel the ordering process at any time by closing your Internet browser.
(e) Alternatively, we offer you an “Express Checkout” via PayPal. If you are registered with one of these payment service providers, you can authenticate yourself using your PayPal user account and complete the ordering process via one of these providers.

(4) We will confirm receipt of your order by email. This confirmation of receipt merely documents that we have received your order, but does not constitute acceptance of your offer.

(5) A contract is only concluded when we either accept your offer by email or deliver the ordered products and confirm the shipment to you by email (shipping confirmation). If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for each shipping confirmation for the goods listed in the respective shipping confirmation. There is no right to acceptance of your purchase offer. Exception: If we request that you pay the purchase price immediately after placing the order and you have not yet received an order confirmation/shipping confirmation at this time, we implicitly accept your offer through this payment request.

(6) We only sell all products in household quantities. This refers both to the number of products ordered in one order and to placing multiple orders for the same product, where each order contains a household quantity.

Prices, Shipping Costs
(1) The prices quoted are final prices including VAT. The amount shown at the time of the binding order applies.

(2) In addition, there are shipping costs that depend on the delivery location and the weight of the goods you ordered. You can find out more details under “Shipping costs”. In the case of partial deliveries, shipping costs only apply to the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

Delivery, Availability Of Products
(1) We generally ship within Germany and to countries in the European Union and Switzerland to the delivery address you provide.

(2) If no or no different delivery time is specified for the respective goods in our web shop, it is 1 to 3 working days within Germany. You can find information about delivery times to other European countries under “Shipping costs”. The delivery times apply if we have the product you ordered in stock. Public holidays affect the delivery time of your order and lead to a delay in delivery.

(3) We naturally always endeavour to ensure that the goods displayed in our web shop are available in sufficient quantities. However, we ask for your understanding that we cannot guarantee availability at all times. If a product is temporarily unavailable, we will inform you of this in the order confirmation – if necessary, specifying the new delivery time. If delivery is delayed by more than four weeks, you have the right to withdraw from the contract. In this case, we are also entitled to withdraw from the contract. In doing so, we will immediately refund any payments you have already made. If the product is permanently unavailable, we will refrain from accepting the order. In this case, no contract is concluded.

(4) We are entitled to make partial deliveries if this is reasonable for you based on a balance between your interests and ours. Partial deliveries are dispatched at our risk. The risk for the delivered items passes to you upon receipt of each partial delivery. If we are in default with outstanding partial deliveries or are unable to make outstanding partial deliveries, you are entitled to withdraw from the contract in its entirety or to demand compensation for non-fulfillment of the entire obligation whenever the partial delivery is not of interest to you.

Payment
(1) You can make payment by credit card and PayPal.

(2) We reserve the right to refuse a payment method selected by you and to make delivery dependent on another payment method. If you refuse to pay using the payment method selected by us, we are entitled to withdraw from the contract.

(3) When paying with PayPal, you will automatically be redirected to the PayPal page. There you can log in with your login details and then confirm the payment. The debit will be made by credit card, direct debit, credit or Giropay – depending on which payment method you have stored there. If you do not yet have a PayPal account, you can create a corresponding account on the provider’s website.

(4) If the purchase price is rejected by the account/card-holding institution in the case of payment by credit card or PayPal, you will automatically be in default. Even without further reminder, you will then be liable to pay the statutory default interest of five

(5) percentage points above the respective base interest rate announced by the European Central Bank and further damages caused by default, in particular further collection costs. If we can prove that we have incurred greater damages caused by default, we are entitled to claim these. In the event of default, we will suspend and cancel the execution of further orders.

Reservation Of Title
The delivered goods remain our property until all claims against the customer arising from the purchase contract have been settled in full.

Right Of Withdrawal
(1) As a consumer, you have a statutory right of withdrawal. Information on this can be found here.

(2) Unless expressly agreed otherwise between the customer and us, there is no right of withdrawal for the following contracts:
– Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

Warranty/Transport Damages
(1) We are liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).

(2) If products are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the freight carrier or transport insurance.

Returns
(1) We would like to point out that the goods we sell may be products that consist of fragile components and therefore need to be handled with care. We therefore recommend that you use the original packaging whenever possible when returning products, even if it has been damaged by opening it. You are not obliged to use the original packaging and this does not restrict or exclude your rights (in particular cancellation rights). However, by returning the goods in their original packaging, you can prevent us from having to demand compensation from you due to the missing original packaging.

(2) We expressly point out that you are responsible for any damage caused by improper packaging during return transport to us (e.g. as a result of a cancellation).

Liability
(1) In the case of slight negligence, we are only liable for the breach of essential contractual obligations and limited to foreseeable damage. This limitation does not apply in the case of injury to life, body or health or in the case of an intentional or grossly negligent breach of duty. We are not liable for other damage caused by slight negligence due to a defect in the purchased item. The provisions of the Product Liability Act remain unaffected.

(2) Our liability remains unaffected, regardless of our fault, in the event of fraudulent concealment of the defect or the assumption of a guarantee.

(3) We shall also be liable for any impossibility of delivery occurring accidentally during our delay, unless the damage would have occurred even if delivery had been made on time.

(4) The restrictions in paragraphs (1) to (3) shall also apply to our legal representatives and vicarious agents if claims are asserted directly against them.

(5) All instructions on the packaging and instructions for use must be observed. No liability is accepted for any use and/or handling that deviates from these instructions.

Consumer Dispute Settlement Procedure
We would like to point out that we are not obliged to participate in a dispute settlement procedure before a consumer arbitration board and are not prepared to do so. Rather, we always endeavor to resolve any conflicts with our customers ourselves. Please contact our customer service for this.

Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, if (a) you have your habitual residence in Germany or (b) your habitual residence is in a state that is not a member of the European Union. In the event that you have your habitual residence in a member state of the European Union, German law also applies, whereby mandatory provisions of the state in which you have your habitual residence remain unaffected.

(2) If, contrary to the information you provided when ordering, you do not have a residence in the Federal Republic of Germany or if you move your residence abroad after the conclusion of the contract or if your residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Munich. If the customer is a merchant, a legal entity under public law or a special fund under public law at the time the contract is concluded, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Munich.

(3) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract. The parties undertake to replace the invalid or void provision with a valid provision that comes closest to the intended economic purpose. The same applies in the event of a gap.