Terms and Conditions with Customer Information

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects
8. Cancellation and Return of Custom-Made Products
9. Governing Law
10. Jurisdiction
11. Information on Online Dispute Resolution

1. Scope

1.1. These General Terms and Conditions (hereinafter “GTC”) of “Markus Paulke” (hereinafter “Seller”) apply to all contracts 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 commercial nor related to their independent professional activity.

1.3. For the purposes of these Terms and Conditions, a “business operator” means 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 the Contract

2.1. The product images displayed 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 adding the selected items to 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 in the shopping cart by clicking the button that finalizes the order process. Furthermore, the customer may also submit the offer to the seller by telephone, fax, email, or mail.

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), in which case the date the customer receives the order confirmation is decisive, or

- by delivering the ordered goods to the customer, in which case the date the goods are received by the customer is decisive, or

- by requesting payment from the customer after the customer has placed an order.

If more than one of the aforementioned alternatives applies, the contract is concluded at the time the first of these alternatives 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 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 result that the customer is no longer bound by their declaration of intent.

2.4. If you select the "PayPal Express" payment method, payment processing is handled by 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, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, by clicking the button that completes the ordering process, the customer simultaneously issues a payment order to PayPal. In this case, notwithstanding Section 2.3, the seller hereby declares acceptance of the customer’s offer at the moment the customer initiates the payment process by clicking the button that completes the ordering process.

2.5. When a customer submits an offer via the Seller’s online order form, the Seller will save the contract text and send it to the customer in writing (e.g., via email, fax, or letter) along with these Terms and Conditions after the customer submits their order. In addition, the contract text is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected customer account by entering the corresponding login credentials, provided the Customer has created a customer account in the Seller’s online store prior to submitting their order.

2.6. Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors is the browser’s zoom function, which enlarges the display on the screen. The customer can correct their entries at any time during the electronic ordering process using standard keyboard and mouse functions before submitting a binding order. In addition, all entries are displayed once more in a confirmation window before the order is submitted and can also be corrected there using standard keyboard and mouse functions.

2.7. The contract may be concluded in either German or English.

2.8. Order processing and communication generally take place via email and automated order processing. 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. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

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 cancellation policy.

4. Prices and Payment Terms

4.1. Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the applicable sales tax. Any additional delivery and shipping costs will be listed separately in the respective product description.

4.2. For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs associated with money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in connection with the money transfer even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3. The customer has various payment options available, which are listed in the seller’s online store.

4.4. 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 otherwise.

4.5. If you select "PayPal" as your payment method, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Service, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer open a PayPal account or already have such an account.

4.6. If the "SOFORT" payment method is selected, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT," the customer must have an online banking account activated for participation in "SOFORT" with PIN/TAN authentication, authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is executed immediately thereafter by "SOFORT" and the customer’s bank account is debited. The customer can find more detailed information about the "SOFORT" payment method online at https://www.klarna.com/sofort/.

5. Delivery and Shipping Terms

5.1. Goods are generally shipped to the delivery address provided by the customer. For the purposes of processing the transaction, the delivery address specified in the seller’s checkout process shall apply. Notwithstanding the foregoing, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall apply.

5.2. For goods delivered by a freight forwarder, delivery is made “curbside,” meaning to the public curb nearest the delivery address, unless otherwise specified in the shipping information on the Seller’s online store or unless otherwise agreed.

5.3. If the carrier returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had notified the customer of the service a reasonable time in advance. Furthermore, this does not apply with regard to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. With regard to return shipping costs, the provision set forth in the seller’s cancellation policy applies if the customer effectively exercises their right of cancellation.

5.4. In the case of in-person pickup, the Seller will first notify the Customer via email that the ordered merchandise is ready for pickup. Upon receiving this email, the Customer may pick up the merchandise at the Seller’s place of business after coordinating with the Seller. In this case, no shipping costs will be charged.

5.5. Our upholstered furniture is individually handcrafted after we receive the order. The estimated delivery time will be communicated to the customer in the order confirmation. Unless a different delivery period is specified in the product description or order confirmation, the delivery time for handmade furniture is generally 4 to 12 weeks from the date the contract is concluded. Delays resulting from force majeure, material availability, or similar circumstances beyond the seller’s control shall extend the delivery period accordingly. The seller will inform the customer of such delays without delay.

6. Retention of Title

If the seller makes an advance delivery, the seller retains title to the delivered goods until the purchase price owed has been paid in full.

7. Liability for Defects

7.1. If the purchased item is defective, the provisions of statutory liability for defects shall apply.

7.2. The customer is requested to file a complaint with the delivery company regarding any goods delivered with obvious damage caused during transport 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.

7.3. Our upholstered furniture is handcrafted. Due to the artisanal manufacturing process and the use of flexible upholstery materials, the actual dimensions may vary slightly from the approximate dimensions provided. Dimension tolerances of up to ±2 cm for nominal dimensions up to 150 cm or ±2.5 cm for nominal dimensions over 150 cm are unavoidable due to manufacturing processes and do not constitute a material defect. This complies with the industry-standard quality and testing regulations (RAL-GZ 430/4) of the German Furniture Quality Association (Deutsche Gütegemeinschaft Möbel e.V.). Such deviations do not impair the function, safety, or durability of the furniture.

7.4. Minor variations in color, texture, and surface finish—particularly in natural materials such as leather and solid wood—are characteristic of the product and do not constitute a material defect. In the case of casually upholstered furniture, ripples and creases in the upholstery fabric are inherent to the design and typical of the manufacturing process.

8. Cancellation and Return of Custom-Made Items

Please note that, pursuant to Section 312g(2)(1) of the German Civil Code (BGB), there is no statutory right of withdrawal for custom-made products (e.g., custom fabrics or custom dimensions).

Withdrawal from or cancellation of custom-made orders after the contract has been concluded is generally not permitted. However, if you still wish to cancel your order, we may consider whether a cancellation is possible on a case-by-case basis as a gesture of goodwill. In such cases, we reserve the right to charge you for costs already incurred (e.g., material procurement, planning, and labor) in full or on a pro-rata basis.

Your legal rights, particularly your right to claim for defects in defective products, remain unaffected by this, of course.

9. Governing Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of 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. Jurisdiction

If the customer is 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 exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business 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 activities. In the foregoing cases, however, the seller is in any event entitled to bring an action before the court at the customer’s place of business.

11. Information on Online Dispute Resolution

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.