General terms and conditions of business

1. Scope

The following terms and conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers. A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Contracting parties, conclusion of contract, correction options

The purchase contract is concluded with Portakal Atelier.

By placing the products in the online shop, we make a binding offer to conclude a contract for these products. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the products in the shopping cart by clicking on the order button. Immediately after submitting the order, you will receive another confirmation by email.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English

We save the contract text and send you the order data and our general terms and conditions in text form. You can view the contract text in our customer login.

4. Subject matter of the contract
4.1 Product description

Attention is drawn to the validity of the respective product description as an essential part of the contract.

4.2 Product images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you are unsure, please contact us: Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and actual product colors are possible.

5. Delivery conditions
5.1 Shipping costs

Standard shipping within Germany is free of charge.

5.2 Delivery options

We ship the products to the delivery address specified during the ordering process.
We only deliver by post. Unfortunately, it is not possible to collect the goods yourself.

6. Payment
6.1 Due date and default in payment

The price is due upon conclusion of the contract, unless a later date is specified in the following payment terms. The following applies to consumers: In the event of late payment, we reserve the right to charge you a fee of EUR 1.50 per reminder for the second and each subsequent reminder. You are entitled to provide evidence that the damage was less. Other claims remain unaffected. The following applies to businesses: In the event of late payment, we reserve the right to charge you statutory default interest of nine percentage points above the base interest rate and a flat rate of EUR 40. Other claims remain unaffected.

6.2 Payment methods

In our shop you can generally use the following payment methods:

Credit card
During the ordering process you enter your credit card details.
Your card will be charged immediately after you place your order.

Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, authenticate yourself with your login data and confirm the payment instruction. The payment transaction will be carried out immediately after the order has been placed. You will receive further information during the ordering process.

giropay
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M, we offer the payment methods giropay. In order to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after the order is placed. You will receive further information during the ordering process. Giropay can offer registered giropay customers selected according to its own criteria additional payment methods in the customer account. However, we have no influence on the offering of these methods; other individually offered payment methods affect your legal relationship with giropay. You can find further information about this in your giropay account.

Google Pay
In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, identify yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after the order has been placed. You will receive further information during the ordering process.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will find further information in the respective payment option and in the ordering process.
Purchase on account via Klarna The invoice amount is due 14 days after the goods have been dispatched and the invoice has been received. Klarna can offer registered Klarna customers selected according to its own criteria additional payment methods in the customer account. However, we have no influence on the offering of these methods; other individually offered payment methods affect your legal relationship with Klarna. You can find further information on this in your Klarna account.

PayPal
In cooperation with the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise stated below, payment via PayPal does not require registration with PayPal. You will receive further information with the respective payment option and during the ordering process.
PayPal, PayPal Express In order to pay the invoice amount using the PayPal payment option, you must be registered with PayPal, authenticate yourself with your login details and confirm the payment instruction.
The payment transaction is carried out by PayPal immediately after the order is placed.
PayPal can offer registered PayPal customers, selected according to its own criteria, additional payment methods in the customer account. However, we have no influence on the offering of these methods; other individually offered payment methods affect your legal relationship with PayPal. You can find further information on this in your PayPal account.
Credit card via PayPal Your card will be charged by PayPal after the goods have been dispatched.

7. Retention of title

The product remains our property until full payment has been made.

8. Transport damage

If goods 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.

9. Warranty and guarantees
9.1 Liability for defects

The statutory liability for defects applies.

9.2 Warranties and customer service

Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product itself and on special information pages in the online store.

10. Liability

We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents.

• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty
• in the case of guarantee promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to occur. In all other respects, claims for damages are excluded.

11. Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Should individual clauses of these terms and conditions be invalid in whole or in part, the remainder of the contract shall remain valid. If individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.


Terms and conditions created with the Trusted Shops legal text generator