General Terms and Conditions (GTC) with Customer Information
Important Notice: This English version is provided for convenience only. In the event of any discrepancies, the German version shall prevail and is legally binding.
1. Scope of Application
2. Conclusion of Contract
3. Prices and Payment Terms
4. Payment Conditions, Default, Counterclaims
5. Delivery and Shipping Conditions
6. Right of Withdrawal
7. Retention of Title
8. Liability for Defects
9. Redemption of Gift Vouchers
10. Redemption of Promotional Vouchers
11. Applicable Law
12. Jurisdiction
13. Online Dispute Resolution
1. Scope of Application
1.1. These General Terms and Conditions (hereinafter "GTC") of "Orafino GmbH" (hereinafter "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding goods offered in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2. These GTC shall apply accordingly to the purchase of vouchers unless otherwise expressly agreed.
1.3. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or independent professional activity.
1.4. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade or independent professional activity.
2. Conclusion of Contract
2.1. The presentation of goods in the online shop does not constitute a legally binding offer by the Seller. Prices valid at the time of the order shall apply.
2.2. The Customer first places the selected goods in the shopping cart. In the subsequent step, the order process begins, during which all required data for order processing are entered. The current price is displayed in the shopping cart overview shortly before confirmation. Errors, printing mistakes, and system disruptions are reserved.
At the end of the order process, a summary of the order and contract data appears. Only after confirmation of this order and contract data by clicking the button completing the order process does the Customer submit a binding offer to purchase the goods in the shopping cart.
The Customer may also submit this offer to the Seller by email, post, or telephone.
2.3. The Seller accepts the Customer's offer by sending a written order confirmation or an order confirmation in text form (email). The purchase contract (email confirmation) is void in the event of incorrect price transmission due to technical disruptions or incorrect pricing that deviates significantly from the market price.
The acceptance period begins on the day after the Customer submits the offer and ends on the expiry of the fifth day following submission. If the Seller does not accept the Customer's offer within this period, this constitutes rejection of the offer. The Customer is then no longer bound by their declaration of intent.
2.4. The text of each contract concluded between the Seller and the Customer is stored by the Seller on internal systems. The Customer may view the GTC at any time on this page. Order data, withdrawal instructions, and GTC are sent to the Customer by email. After completing the order, the contract text is accessible to the Customer free of charge via their customer login, provided they have created a customer account.
2.5. All entries are displayed before clicking the order button and can be reviewed and corrected by the Customer prior to submission using the browser's back button or standard mouse and keyboard functions. Additionally, correction buttons are available where applicable, labelled accordingly.
2.6. The contract language is German.
2.7. It is the Customer's responsibility to provide a correct email address for contact and order processing, and to configure email filters so that order-related emails can be delivered.
3. Prices and Payment Terms
3.1. The displayed prices are final prices including statutory VAT, unless otherwise agreed.
Where additional shipping costs apply, this is indicated in the product description.
3.2. For deliveries to non-EU countries, additional duties, taxes, or charges may be payable by the Customer to the relevant customs or tax authorities or credit institutions. The Customer is advised to enquire about the details with the relevant authorities or institutions before placing an order.
3.3. The Customer may select the payment methods available in the online shop.
3.4. Payment Processing via Mollie
Where a payment method offered by payment service provider Mollie is selected, payment processing is carried out by Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands.
Mollie supports various payment methods (e.g. credit card, SEPA direct debit, instant bank transfer, PayPal). The available payment methods are displayed to the Customer during the order process.
To process the payment, it may be necessary for the Customer to transmit personal data to Mollie. Payment data is processed directly by Mollie. Further information on data processing by Mollie is available at https://www.mollie.com/en/privacy
The payment method is charged immediately upon completion of the payment process, unless otherwise indicated.
4. Payment Conditions, Default, Counterclaims
4.1. The invoice amount is due immediately upon receipt of the invoice without any deductions. The Customer must ensure that payment is credited to Orafino GmbH's account within 3 value days.
Payment is made via the payment methods offered during the order process and provided by Mollie. Payment by bill of exchange, cheque, or comparable means is excluded.
If payment is not received within 5 business days, Orafino GmbH reserves the right to cancel the order.
4.2. When selling goods to Orafino GmbH, items must be dispatched within 2 days of receiving the shipping label. If dispatch is delayed and this causes a delay in receipt of goods, Orafino GmbH reserves the right to cancel the transaction.
4.3. Delivery will only take place – provided the goods are in stock – after the invoice amount has been fully credited to Orafino GmbH's account.
4.4. In the event of delivery delays, we will inform you promptly by email or telephone. Delivery is subject to the condition that Orafino GmbH itself is supplied correctly and on time. Orafino GmbH is liable for delivery delays under statutory provisions where the delay is due to an intentional or grossly negligent breach of duty attributable to Orafino GmbH, including any fault of its representatives or vicarious agents. Liability is limited to foreseeable, typically occurring damage.
4.5. Where delivery delays are caused by force majeure – for example, mobilisation, war, civil unrest, natural disaster, or similar events (strikes, lockouts, etc.) – any stated deadlines shall be extended accordingly. In the event of payment default, Orafino GmbH is entitled to charge interest at 6 percentage points above the applicable base interest rate from the relevant date, without prejudice to the right to claim higher damages.
4.6. Prices valid at the time of the order shall apply. Shipping and packaging costs are shown separately.
5. Delivery and Shipping Conditions
5.1. Goods ordered for dispatch are delivered to the delivery address provided by the Customer.
5.2. If the Seller incurs additional costs due to an incorrect delivery address, incorrect recipient, or other circumstances rendering delivery impossible, these costs shall be borne by the Customer, unless the Customer is not responsible for the incorrect information or impossibility. The same applies where the Customer was temporarily unable to accept delivery, unless the Seller had given adequate prior notice. Outbound shipping costs are excluded from this provision where the Customer has validly exercised their right of withdrawal, in which case the statutory or Seller-provided rules apply.
5.3. Where self-collection has been agreed, the Customer will be notified by the Seller that the ordered goods are ready for collection. After receiving this email, the Customer may collect the goods from the Seller's premises or an agreed location. No shipping costs apply in this case.
5.4. Vouchers are provided to the Customer in the following forms:
– per E-Mail
– per Download
– postalisch
6. Right of Withdrawal
6.1. Customers who are consumers generally have a right of withdrawal.
6.2. The Seller's withdrawal policy applies to the right of withdrawal.
6.3. Consumers who, at the time of conclusion of the contract, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union do not have a right of withdrawal.
7. Retention of Title
Where the Seller performs in advance, goods remain the property of the Seller until full payment of the purchase price has been received.
8. Liability for Defects
8.1. The statutory provisions on liability for defects apply to warranty claims, unless otherwise agreed in these GTC.
8.2. Customers are requested to report obvious transport damage to the carrier upon delivery and to notify the Seller accordingly. Failure to do so has no effect on the Customer's statutory or contractual warranty claims.
9. Redemption of Gift Vouchers
9.1. Vouchers purchased through the Seller's online shop ("gift vouchers") may only be redeemed in the Seller's online shop.
9.2. Gift vouchers and any remaining balances may be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the Customer's voucher account until the expiry date.
9.3. Gift vouchers may only be redeemed before the order process is completed. Subsequent redemption is not possible.
9.4. Only one gift voucher may be redeemed per order. The redemption of multiple gift vouchers in a single order is not permitted.
9.5. Gift vouchers may only be used for the purchase of goods.
The purchase of further gift vouchers cannot be paid for using a gift voucher.
9.6. If the value of a gift voucher is insufficient to cover the order amount, the remaining balance may be settled using one of the other available payment methods.
9.7. Gift voucher balances are not paid out in cash and do not accrue interest.
9.8. The gift voucher is personal and may only be redeemed by the person named on it. Transfer of the gift voucher to third parties is excluded. The Seller has the right, but not the obligation, to verify the material eligibility of the voucher holder.
10. Redemption of Promotional Vouchers
10.1. Vouchers issued by the Seller free of charge as part of (promotional) campaigns with a specified validity period, which cannot be purchased by the Customer ("promotional vouchers"), are only redeemable in the Seller's online shop and only within the period specified by the Seller.
10.2. Individual products may be excluded from the voucher promotion.
Specific restrictions, if any, are indicated on the promotional voucher.
10.3. Promotional vouchers may only be redeemed before the order process is completed. Subsequent offsetting is not permitted.
10.4. Only one promotional voucher may be redeemed per order. The redemption of multiple promotional vouchers in a single order is not permitted.
10.5. The order value must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.
10.6. If the value of a promotional voucher is insufficient to cover the order amount, the remaining balance may be settled using one of the other available payment methods.
10.7. Promotional voucher balances are neither paid out in cash nor do they accrue interest.
10.8. The promotional voucher will also not be refunded if the Customer returns goods paid for in whole or in part using the promotional voucher in the exercise of their statutory right of withdrawal.
10.9. The promotional voucher is personal and may only be redeemed by the person named on it. Transfer of the voucher to third parties is excluded. The Seller has the right, but not the obligation, to verify the material eligibility of the voucher holder.
11. Applicable Law
11.1. The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
The statutory provisions restricting the choice of law and the applicability of mandatory provisions – in particular those of the state in which the Customer as a consumer has their habitual residence – remain unaffected.
11.2. The choice of law made herein does not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
12. Jurisdiction
Where the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in 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 registered place of business.
Where the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided the contract or claims arising from it can be attributed to the Customer's professional or commercial activity.
Notwithstanding the above, the Seller is also entitled in the aforementioned cases to bring proceedings before the court at the Customer's registered office.
13. Online Dispute Resolution
The European Commission's online dispute resolution platform is available at: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
