GENERAL TERMS AND CONDITIONS OF BUSINESS

Welcome to GODIA DESIGN!

§ 1 Scope and provider

(1) These General Terms and Conditions (hereinafter referred to as "GTC") govern the sale of products and services by GODIA DESIGN (hereinafter referred to as "Provider") to you, in the version valid at the time of the order.

(2) Any deviating general terms and conditions of the purchaser will be rejected.

(3) Please read these terms and conditions carefully before placing an order with GODIA DESIGN. By placing an order with GODIA DESIGN, you agree to the application of these terms and conditions to your order.

(4) On GODIA DESIGN we offer the sale of the following products:

Interior design, furniture, porcelain, home accessories

(5) At GODIA DESIGN we offer you the following services:

Consulting, spatial planning, project management,

§ 2 Conclusion of the contract

(1) Contracts on this portal can only be concluded in German.

(2) The offers are directed exclusively to end customers with a billing and delivery address in:

Germany, other EU countries.

For individual bulky items, the possible delivery addresses and delivery location may be limited; the restriction is indicated in the respective list price.

(3) The purchaser must be at least 18 years old.

(4) The presentation of the goods in the online shop does not constitute a legally binding offer. By presenting the goods, the customer is merely invited to make an offer.

(5) Your order constitutes an offer to GODIA DESIGN to conclude a purchase contract. The customer submits a binding offer when he or she completes the online ordering process by entering the requested information and clicks the "order with payment" button in the final step of the order process.

(6) The purchase contract between the provider and the purchaser is only concluded upon the provider's declaration of acceptance. This occurs at the earlier of the two dates: either dispatch of the goods or sending a shipping confirmation by email. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.

(7) The validity of contracts for quantities larger than typical household quantities, as well as the commercial resale of the purchased item, requires express confirmation from the provider. This applies both to the number of products ordered within one order and to the placing of multiple orders for the same product, where the individual orders comprise a typical household quantity.

(8) Your orders will be stored by us after the contract has been concluded. If you lose your order records, please contact us by email or phone. We will send you a copy of the order data.

(9) Access to the GODIA DESIGN service does not require registration.

(10) By registering, the customer accepts these General Terms and Conditions. Upon registration, a contractual relationship is established between GODIA DESIGN and the registered customer, which is governed by the provisions of these General Terms and Conditions.

(11) The presentation of the service on the website does not constitute a legally binding offer. By presenting the service, the customer is merely invited to make an offer.

(12) By ordering a paid service, the registered customer enters into a separate contractual relationship with GODIA DESIGN. The user will be informed about the respective paid service and the payment terms before concluding this contractual relationship. The contractual relationship is established when the customer confirms the order and payment obligation by clicking the "order with payment" button.

§ 3 Description of the scope of services

GODIA DESIGN’s scope of services includes the following:

Personal and individual project consulting, as well as planning and concept development. Complete planning, budgeting, and coordination of the construction project from conception to completion.

§ 4 Prices and shipping costs

(1) Our prices include the applicable statutory value-added tax and do not include any shipping fees or surcharges. Shipping surcharges vary depending on the delivery method and the nature of the item.

(2) Despite our best efforts, a small number of products in our catalog may be mispriced. We will verify prices when processing your order and before charging your payment. If a product is mispriced and the correct price is higher than the price shown on the website, we will contact you before dispatching the goods to ask if you wish to purchase the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and ship you the product.

(3) The prices valid at the time of the order apply. If list prices are available, the prices valid at the time of the order apply.

(4) To use GODIA DESIGN, you must first register.

(5) If the user wishes to use a paid service, he or she will be informed in advance of the charges. In particular, the respective additional scope of services, the costs incurred, and the method of payment will be listed.

(6) The provider reserves the right to charge different fee models for different booking times and user groups and in particular for different usage periods, as well as to offer different scopes of services.

§ 5 Delivery and Cancellation

(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. Information on the availability of products sold by GODIA DESIGN can be found on the website (e.g., on the respective product detail page). Please note that all information regarding availability, shipping, or delivery of a product is only estimated information and approximate guidelines. They do not constitute binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options for the respective product.

(2) If GODIA DESIGN determines during the processing of your order that products you have ordered are unavailable, you will be notified separately by email or via a message in your customer account. The customer's statutory rights remain unaffected.

(3) If delivery to the customer is not possible because the delivered goods do not fit through the customer's entrance door, front door or staircase or because the customer cannot be found at the delivery address provided by him, although the delivery time was announced to the customer with reasonable notice, the customer shall bear the costs for the unsuccessful delivery.

(4) Delivery is made according to the customer's payment method. In the case of advance payment, delivery takes place after the payment order has been issued to the transferring bank. In the case of payment via PayPal, credit card, gift card, direct debit, instant bank transfer, or invoice, delivery takes place after the contract has been concluded.

(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract will be concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. The contractual partner is GODIA DESIGN. Notwithstanding your right of cancellation, you may cancel your order for a product free of charge at any time before the corresponding shipping confirmation is sent.

§ 6 Customs

(1) If you order products from GODIA DESIGN for delivery outside the European Union, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional fees for customs clearance must be borne by you; we have no control over these fees. Customs regulations vary considerably from country to country, so you should contact your local customs authority for further information.

(2) Please also note that when ordering from GODIA DESIGN, you will be considered the importer and must comply with all laws and regulations of the country in which you receive the products. Your privacy is important to us, and we would like to make our international customers aware that cross-border shipments are subject to customs inspection and inspection. For more information, please see our customs information.

§ 7 Terms of payment

(1) Any fees due shall be paid to GODIA DESIGN in advance, at the due date, without deduction.

(2) The customer may pay for the goods or services using the following payment methods:

- Paypal

- Credit card

- Gift card

- Instant bank transfer

(3) Certain payment methods may be excluded by the provider in individual cases.

(4) The customer is not permitted to pay for the goods or services by sending cash or checks.

(5) If the customer chooses an online payment method, the customer hereby authorises the provider to collect the amounts due at the time of the order.

(6) If the provider offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the provider's account within five calendar days of receiving the order. The provider will reserve the goods accordingly for five calendar days.

(7) If the provider offers payment by credit card and the customer chooses this payment method, the customer expressly authorizes the provider to collect the amounts due.

(8) If the provider offers payment by direct debit and the customer chooses this payment method, the customer grants the provider a SEPA basic mandate. If a payment transaction is reversed due to insufficient funds or incorrectly transmitted bank details, the customer shall bear the associated costs.

(9) If the provider offers payment in advance and the customer chooses this payment method, the customer undertakes to pay the invoice amount within 14 days after dispatch of the goods, without any deduction of any discount.

(10) Should the customer default on payment, the provider reserves the right to claim damages caused by the delay.

§ 8 Registration and termination

(1) Furthermore, the customer declares that he and, to his knowledge, no member of his household has a criminal record for an intentional crime that endangers the safety of third parties, in particular not for a crime against sexual self-determination (§§ 174 ff. StGB), a crime against life (§§ 211 ff. StGB), a crime against physical integrity (§ 223 ff. StGB), a crime against personal freedom (§§ 232 ff. StGB), or for theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or for drug abuse.

(2) A user is entitled, subject to reservation, to unsubscribe at any time without stating a reason in writing by mail, email, or telephone. At the same time, the user has the option of completely and personally deactivating the user account within the data and settings. The previously concluded contractual relationship is thereby terminated.

(3) If a user has registered for a paid service, they can cancel at the latest 14 days before the booking period begins. If this deadline is not met, the paid service will be extended by the selected booking period, and the cancellation will not take effect until the end of the subsequent booking period. Cancellation is possible by phone, email, or letter and will be confirmed by us in writing. To ensure your cancellation can be assigned, the customer's full name, registered email address, and address must be provided. If canceling by phone, the individual telephone password is required.

(4) GODIA DESIGN may terminate the Agreement at its sole discretion, with or without prior notice and without stating reasons, at any time. GODIA DESIGN further reserves the right to remove profiles and/or any content published on the Website by or from the User. If GODIA DESIGN terminates the User's registration and/or removes profiles or published content, GODIA DESIGN has no obligation to inform the User of this or the reason for the termination or removal.

(5) Following the termination of any individual use of GODIA DESIGN's services, GODIA DESIGN reserves the right to send notification of this to other registered users with whom GODIA DESIGN believes the user has been in contact. GODIA DESIGN's decision to terminate the user's registration and/or to notify other users with whom GODIA DESIGN believes the user has been in contact does not imply or in any way state that GODIA DESIGN makes any statements about the individual's character, general reputation, personal characteristics, or lifestyle.

(6) Users are obligated not to provide any intentional or fraudulent false information in their profile or in any other areas of the portal. Such information may result in civil action. Furthermore, the operator reserves the right to terminate the existing contractual relationship with immediate effect in such a case.

(7) If a user's access is blocked due to a culpable breach of contract and/or the contractual relationship is terminated, the user shall pay damages for the remaining term of the contract in the amount of the agreed fee less any saved expenses. The amount of saved expenses shall be set at a flat rate of 10% of the fee. Both contracting parties remain free to prove that the damages and/or the saved expenses are actually higher or lower.

(8) After termination of the contractual relationship, all user data will be deleted by GODIA DESIGN.

§ 9 Limitation of Liability (Services)

(1) GODIA DESIGN assumes no responsibility for the content and accuracy of the information in the registration and profile data of the purchasers as well as other content generated by the purchasers.

(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective participating customers. Therefore, GODIA DESIGN is not liable for the services provided by participating customers. Accordingly, all matters relating to the relationship between the customers, including, without exception, the services received by a seeker or payments due to the customer, must be addressed directly to the respective party. GODIA DESIGN cannot be held responsible for this and hereby expressly rejects all liability claims of any kind, including claims, services, direct or indirect damages of any kind, conscious or unconscious, suspected or unexpected, disclosed or undisclosed, in any way related to the aforementioned matters.

(3) GODIA DESIGN shall only be liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by GODIA DESIGN or an intentional or negligent breach of duty by a legal representative or vicarious agent of GODIA DESIGN.

(4) GODIA DESIGN Europe shall only be liable for other damages, unless they are based on the breach of cardinal obligations (such obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely), if they are based on an intentional or grossly negligent breach of duty by GODIA DESIGN or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of GODIA DESIGN.

(5) Claims for damages are limited to foreseeable, contract-typical damages. In the event of delay, they shall not exceed 5% of the order value.

(6) Claims for damages based on injury to life, body, health or freedom shall become time-barred after 30 years; in all other cases, after 1 year, whereby the limitation period expires at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and of the identity of the debtor or would have become aware of them without gross negligence (Section 199 (1) of the German Civil Code).

(7) The provider reserves the right to review the content of any text written by a user as well as any uploaded files for compliance with the law and, if necessary, to delete them in whole or in part.

§ 10 Set-off and right of retention

(1) The customer shall only be entitled to set off claims if the customer’s counterclaim has been legally established or has not been disputed by the provider.

(2) The customer may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 11 Retention of title

GODIA DESIGN reserves ownership of the goods until full payment has been made.

§ 12 Transport damage

(1) If the purchaser receives the goods with obvious transport damage, the provider requests him to complain about this as soon as possible.

(2) Should the customer fail to file a complaint, this will have no consequences for the statutory warranty rights. The purpose of the complaint is to enable the provider to assert its own claims against the carrier.

§ 13 Defect law

(1) If the purchaser is a consumer, the warranty and liability for defects of the delivered item are governed by statutory provisions: Accordingly, purchasers in the European Union have warranty rights for a period of two years from delivery of the goods, in addition to their 30-day return guarantee, and can request the repair or replacement of products purchased from GODIA DESIGN if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you can request a refund or a reduction in the purchase price.

(2) In the case of used goods, the warranty period may be shorter than two years.

(3) If the purchaser is not a consumer, the defect shall be remedied by new delivery or new performance.

(4) If the customer is not a consumer, the limitation period shall be one year. This applies unless claims for damages and reimbursement of expenses are asserted that relate to damages related to bodily injury or health or to damage caused by intent or gross negligence.

§ 14 Limitation of Liability (Products)

(1) The provider is liable for claims for damages of the customer arising from injury to life, body or health or from the breach of essential contractual obligations, as well as for other damages based on their intentional or grossly negligent breach of duty or on the part of one of the provider’s legal representatives or vicarious agents.

(2) Essential contractual obligations are obligations whose fulfilment is necessary to achieve the purpose of the contract.

(3) The provider is liable for breaches of material contractual obligations resulting from typical, foreseeable damages, provided the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer based on injury to life, body, or health.

(4) The provisions of the Product Liability Act remain unaffected.

(5) To the extent that GODIA DESIGN’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

§ 15 Cancellation policy

(1) If the customer is a consumer, he shall have a right of withdrawal in accordance with the following provisions:

(2) Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a single order or the delivery of one good in several partial shipments or pieces), without giving any reason.

The cancellation period for services is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must:

GODIA DESIGN

Tatjana Werne
To the old drill hall 3
40476 Düsseldorf

Phone: +49 15122904444

Email: service@godiadesign.de

by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the sample withdrawal form on our website or send us another clear statement. If you make use of this option, we will immediately send you confirmation of receipt of such a withdrawal (e.g., by email).

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period and that you have returned the goods via our online returns center within the period defined below.

For additional information regarding the scope, content, and explanations of how to exercise the right, please contact our customer service.

(3) Consequences of revocation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.

If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods promptly and in any event no later than 14 days from the date on which you notify us of the cancellation of this contract to

GODIA DESIGN

Tatjana Werne
To the old drill hall 3
40476 Düsseldorf

Phone: +49 15122904444

Email: service@godiadesign.de

You must return or hand over the goods. This deadline is met if you send the goods before the expiry of the 14-day period. You will bear the direct cost of returning the goods.

(4) Exceptions to the right of withdrawal

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

The right of withdrawal does not apply or expires for the following contracts:

• for the supply of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which, due to their nature, have been inseparably mixed with other goods after delivery;
• for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
• for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
• for the supply of goods which are liable to spoil quickly or whose expiration date would be quickly exceeded;
• for services, if GODIA DESIGN has fully provided them and you have acknowledged and expressly agreed before ordering that we can start providing the service and you lose your right of withdrawal upon full performance of the contract;
• for the delivery of newspapers, magazines or magazines, with the exception of subscription contracts; and
• for the supply of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the sales contract, but which can only be delivered after 30 days and whose current value depends on fluctuations in the market over which the trader has no control.

§ 16 Exclusion of the right of withdrawal

(1) The right of withdrawal does not apply to contracts

• for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
• for the supply of goods which are liable to spoil quickly or whose expiration date would be quickly exceeded;

(2) The right of withdrawal expires prematurely for contracts

• for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;
• for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;
• for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

§ 17 Data Protection

(1) If personal data (e.g., name, address, email address) is collected, we undertake to obtain your prior consent. We undertake not to share any data with third parties unless you have given your prior consent.

(2) We point out that the transmission of data over the Internet (e.g., via email) may be subject to security gaps. Therefore, error-free and uninterrupted protection of third-party data cannot be fully guaranteed. In this regard, our liability is excluded.

(3) Third parties are not entitled to use contact data for commercial activities unless the provider has given the data subjects prior written consent.

(4) You have the right to obtain complete and free information from GODIA DESIGN about the data concerning you at any time.

(5) Furthermore, the user has the right to rectification/deletion of data/restriction of processing.

(6) Further information on data protection can be found in the separate data protection declaration.

§ 18 Cookies

(1) We may use cookies to display our product offerings. Cookies are small text files that are stored locally in the cache of the website visitor's internet browser.

(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a character string that allows websites and servers to associate the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

(3) Through the use of cookies, we can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.

(4) Please note that some of these cookies are transferred from our server to your computer system; these are usually so-called session cookies. Session cookies are characterized by the fact that they are automatically deleted from your hard drive after the end of the browser session. Other cookies remain on your computer system and allow us to recognize your computer system on your next visit (so-called persistent cookies).

(5) You can object to the storage of cookies. A banner is available for this purpose which you can object to/accept.

(6) Of course, you can configure your browser to prevent cookies from being stored on your hard drive or to delete cookies that have already been stored. Instructions on how to prevent or delete cookies can be found in the help function of your browser or software manufacturer.

§ 19 Place of jurisdiction and applicable law

(1) Any differences of opinion and disputes arising from this contract shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.

§ 20 Final provisions

(1) The contract language is German.

(2) We do not offer any products or services for purchase by minors. Our children's products can only be purchased by adults. If you are under 18, you may only use GODIA DESIGN with the involvement of a parent or guardian.

(3) If you breach these Terms and Conditions and we do not take action, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions of Sale.

(4) We reserve the right to make changes to our website, policies, and terms and conditions, including these Terms and Conditions, at any time. Your order will be subject to the terms and conditions of sale, contract terms, and terms and conditions in effect at the time you place your order, unless a change to these terms and conditions is required by law or government order (in which case, they will also apply to orders you have previously placed). If any provision of these Terms and Conditions is invalid, void, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

(5) The invalidity of a provision shall not affect the validity of the remaining provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.