General terms and conditions with customer information
Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Liability
- Applicable law
- Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of Michelle Mohr, doing business as “Michelle Mohr – Textile Designs Made from Sheep’s Wool” (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial activities nor to their self-employed professional activities.
1.3 For the purposes of these General Terms and Conditions, a “business operator” is a natural person, a legal entity, or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activities.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but are intended to enable the Customer to submit a binding offer.
2.2 The customer may submit an offer using the online order form integrated into the seller’s online store. After placing the selected items in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract for the items contained in the shopping cart by clicking the button that finalizes the order process. Furthermore, the customer may also submit the offer to the seller via email, the online contact form, by mail, or by phone.
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 e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
- by requesting payment from the customer after the order has been placed.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at
2.5 When an order is placed using the Seller’s online order form, the Seller will store the contract text after the contract is concluded and send it to the customer in writing (e.g., by email, fax, or letter) after the customer submits the order. The seller will not make the text of the contract available in any other way.
2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify any potential data entry errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying data entry errors is the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the standard keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Various languages are available for entering into the contract. The specific language options are displayed in the online store.
2.8 Order processing is generally handled automatically via email. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address.
3) Right of withdrawal
3.1 Consumers generally have the right to cancel.
3.2 Further information regarding the right of withdrawal can be found in the seller’s notice of withdrawal.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the statutory sales tax. Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.
4.2 The customer will be informed of the payment option(s) in the seller’s online store.
4.3 If payment in advance by bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If a payment method offered through the “Stripe” payment service is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The specific payment methods offered through Stripe are displayed to the customer in the seller’s online store. To process payments, Stripe may use additional payment services, which may be subject to specific payment terms and conditions; the customer will be notified of these separately, if applicable. Further information about Stripe is available online at
4.5 If a payment method offered through the “SumUp” payment service is selected, payment processing is handled by the payment service provider SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580 (hereinafter “SumUp”). The specific payment methods offered via Stripe are displayed to the customer in the seller’s online store. To process payments, SumUp may utilize additional payment services, which may be subject to special payment terms and conditions; the customer will be notified of these separately, if applicable. Further information about SumUp is available online at
4.6 If you select the “Credit Card via Stripe” payment method, the invoice amount is due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to conduct a credit check and to decline this payment method if the credit check is unfavorable.
5) Delivery and shipping conditions
5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing system shall be decisive for the processing of 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 does not apply to the costs of the initial shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of withdrawal, the provisions set forth in the seller’s notice of withdrawal regarding return shipping costs shall apply.
5.3 If the customer is acting as a business, 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 shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only upon delivery of the goods to the customer or to a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer—even in the case of consumers—as soon as the seller has delivered the goods to the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment, and the seller has not previously identified this person or entity to the customer.
5.4 If the customer is a consumer domiciled in Germany or a business entity, the seller reserves the right to rescind the contract in the event of incorrect or improper delivery to the seller. However, this applies only if the Seller is not responsible for the non-delivery and has entered into a specific covering transaction with the supplier with due diligence. The Seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be notified immediately and the payment will be refunded without delay.
5.5 If the seller offers the goods for pickup, the customer may pick up the ordered goods during the business hours specified by the seller at the address provided by the seller. In this case, no shipping charges will be billed.
6) Retention of title
If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:
7.1 If the customer is acting as a business,
- the seller has the choice of the type of subsequent performance;
- the limitation period for warranty rights for new goods is one year from delivery of the goods;
- the warranty rights are excluded for used goods;
- the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.
7.2 The limitations on liability and shortened time limits set forth above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
7.3 In addition, with respect to business entities, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the customer is acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed to have been accepted.
7.5 If the customer is acting as a consumer, he or she is asked to file a complaint with the delivery service regarding any goods delivered with obvious shipping damage and to notify the seller of this. Failure to do so shall have no effect on the customer’s statutory or contractual claims for defects.
8) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
8.1 The seller shall be fully liable on any legal basis
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise agreed,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the customer is a consumer residing in Germany or a business entity, the following limitations of liability apply:
If the seller negligently breaches a material contractual obligation, the seller’s liability is limited to the foreseeable damages typical for this type of contract, unless the seller is liable without limitation in accordance with the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the seller, based on its content, to achieve the purpose of the contract; the fulfillment of which is essential for the proper performance of the contract; and on the observance of which the customer may reasonably rely. In all other respects, the seller’s liability is excluded, unless the seller is liable without limitation in accordance with the preceding paragraph.
8.3 The foregoing liability provisions also apply with respect to the Seller’s liability for its 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. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
10) Alternative dispute resolution
The seller is not obligated to participate in dispute resolution proceedings before a consumer arbitration board, nor is the seller willing to do so.