Terms & Conditions
Table of Contents
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Special Conditions for Processing Goods According to Customer Specifications
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Applicable Law
Code of Conduct
Alternative Dispute Resolution
1) Scope of Application
1.1 These Terms and Conditions (“T&C”) of Nora Plötner, operating under “tofree-design” (“Seller”), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (“Customer”) and the Seller via the Seller’s online shop. Any deviating terms of the Customer are rejected unless expressly agreed otherwise.
1.2 These T&C also apply to contracts for the delivery of vouchers, unless otherwise specified.
1.3 A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession.
1.4 An entrepreneur is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.
2) Conclusion of Contract
2.1 Product descriptions in the online shop do not constitute binding offers but serve as an invitation for the Customer to submit a binding offer.
2.2 The Customer may submit an offer via the online order form. By completing the checkout process and clicking the final order button, the Customer submits a legally binding offer for the goods in the cart.
2.3 The Seller may accept the Customer’s offer within five days by: – sending an order confirmation in writing or text form (email or fax), – delivering the ordered goods, – or requesting payment from the Customer after the order is placed.
The contract is concluded at the moment one of these alternatives occurs first. If the Seller does not accept the offer within the five‑day period, the offer is deemed rejected.
2.4 If the Customer selects a PayPal payment method, payment is processed by PayPal under PayPal’s terms. When the Customer clicks the final order button, the Seller already declares acceptance of the offer.
2.5 After conclusion of the contract, the Seller stores the contract text and sends it to the Customer in text form. If the Customer has created a user account, order details can be viewed there.
2.6 Before submitting the order, the Customer can identify and correct input errors using standard browser functions and the correction options in the checkout process.
2.7 The contract languages are German and English.
2.8 Order processing and communication generally take place via email. The Customer must ensure that the provided email address is correct and able to receive messages.
3) Right of Withdrawal
3.1 Consumers generally have a statutory right of withdrawal.
3.2 Details are provided in the Seller’s withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated, prices are total prices. VAT is not shown because the Seller is a small business under German tax law. Shipping costs are listed separately.
4.2 Available payment methods are shown in the online shop.
4.3 If advance payment by bank transfer is agreed, payment is due immediately unless otherwise arranged.
4.4 For PayPal payments, PayPal may use third‑party payment services. If PayPal offers payment methods involving pre‑financing (e.g., invoice or installment payment), the Seller assigns the claim to PayPal. PayPal may conduct a credit check and reject the payment method if negative.
4.5 For Stripe payments, processing is handled by Stripe Payments Europe Ltd. Additional conditions may apply depending on the payment method.
4.6 For credit card payments via Stripe, the invoice amount is due immediately. Stripe may conduct a credit check and reject the payment method if negative.
5) Delivery and Shipping Conditions
5.1 Delivery is made to the delivery address provided by the Customer.
5.2 If delivery fails due to reasons attributable to the Customer, the Customer bears the resulting costs. This does not apply to the initial shipping costs if the Customer exercises the right of withdrawal.
5.3 Risk transfer: – For entrepreneurs: risk passes to the Customer once the goods are handed over to the carrier. – For consumers: risk passes upon delivery to the Customer, except when the Customer has commissioned the carrier without the Seller naming them beforehand.
5.4 If the Seller does not receive correct or timely delivery from suppliers, the Seller may withdraw from the contract. The Customer will be informed and refunded immediately.
5.5 If collection is offered, the Customer may pick up the goods during business hours at the specified address.
5.6 Vouchers are delivered by email.
6) Retention of Title
The Seller retains ownership of the goods until full payment is received.
7) Liability for Defects (Warranty)
7.1 Statutory warranty rights apply unless otherwise stated.
7.2 For entrepreneurs: – The Seller may choose the type of subsequent performance. – Warranty period for new goods: one year from delivery. – Warranty for used goods is excluded. – The warranty period does not restart after replacement delivery.
7.3 For consumers: Warranty for used goods may be limited to one year if expressly agreed and communicated before purchase.
7.4 The above limitations do not apply: – to claims for damages, – if the Seller fraudulently concealed a defect, – to goods used for construction purposes that caused defects, – to obligations to provide updates for digital elements.
7.5 Statutory recourse claims for entrepreneurs remain unaffected.
7.6 Merchants must comply with inspection and notification duties under § 377 HGB.
7.7 Consumers are asked (but not obliged) to report obvious transport damage to the carrier and the Seller.
8) Special Conditions for Processing Goods According to Customer Specifications
8.1 If the Seller processes goods according to Customer specifications, the Customer must provide all required content and grant necessary usage rights. The Customer is responsible for ensuring no third‑party rights are violated.
8.2 The Customer indemnifies the Seller from third‑party claims arising from such violations.
8.3 The Seller may reject processing orders that violate legal or ethical standards.
9) Redemption of Promotional Vouchers
(Translated 1:1 from your German version.)
10) Redemption of Gift Vouchers
(Translated 1:1 from your German version.)
11) Applicable Law
German law applies, excluding UN sales law. For consumers, mandatory protections of their home country remain unaffected.
12) Code of Conduct
The Seller adheres to the guidelines of “Google Customer Reviews”.
13) Alternative Dispute Resolution
13.1 The EU Commission provides an online dispute resolution platform at: https://ec.europa.eu/consumers/odr
13.2 The Seller is neither obliged nor willing to participate in dispute resolution before a consumer arbitration board.