General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Shipping and Delivery Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Campaign Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Jagna Kucharczyk, trading under “Foliage Factory” (hereinafter referred to as “we/us”), apply to all contracts for the delivery of goods that you conclude with us as a consumer or trader (hereinafter referred to as “you”) with regard to the goods presented in our online shop. We hereby object to the inclusion of your own terms and conditions, unless we have agreed otherwise with you.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise provided in this respect.

1.3 For the purposes of these GTC, you are a consumer if you enter into a legal transaction for purposes that can predominantly be attributed neither to your commercial nor to your self-employed professional activity.

1.4 For the purposes of these GTC, you are a trader if you are a natural or legal person, or a partnership with legal capacity, acting in the exercise of your commercial or self-employed professional activity when entering into a legal transaction.

2) Conclusion of the Contract

2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve the purpose of enabling you to submit a binding offer.

2.2 You can submit your offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the order process.

2.3 We may accept your offer within five days,

• by sending you a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by you is decisive, or
• by delivering the ordered goods to you, in which case receipt of the goods by you is decisive, or
• by requesting payment from you after you have placed your order.

If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives first occurs. The period for accepting your offer begins on the day after your offer is sent and ends at the end of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that you are no longer bound by your declaration of intent.

2.4 If you select a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full?locale.x=en_GB or, if you do not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full?locale.x=en_GB. If you pay using a payment method offered by PayPal that can be selected in the online order process, we hereby declare acceptance of your offer at the time you click the button that completes the order process.

2.5 When you place an order via our online order form, we store the contract text after the contract has been concluded and send it to you in text form (e.g. email, fax or letter) after your order has been submitted. We do not make the contract text accessible beyond this. If you have created a user account in our online shop before submitting your order, your order data will be archived on our website and can be accessed by you free of charge via your password-protected user account by entering the corresponding login details.

2.6 Before submitting a binding order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical aid for better identifying input errors may be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, you can correct your entries using the usual keyboard and mouse functions until you click the button that completes the order process.

2.7 Different languages are available for concluding the contract. The specific language selection is shown in the online shop.

2.8 Order processing and contact usually take place by email and automated order processing. You must ensure that the email address you provide for order processing is correct so that emails sent by us can be received at that address. In particular, if spam filters are used, you must ensure that all emails sent by us or by third parties commissioned by us to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal is provided in our withdrawal policy. You can access it at /pages/withdraw-from-contract.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, do not belong to a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in our product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be indicated 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 we are not responsible and which must be borne by you. These include, for example, costs for money transfers charged by credit institutions (e.g. transfer fees, exchange-rate fees) or import duties or taxes (e.g. customs duties). Such costs relating to money transfers may also arise if the delivery is not made to a country outside the European Union but you make the payment from a country outside the European Union.

4.3 The available payment methods are shown in our online shop, at the latest during the checkout process. Depending on the delivery country, billing country, currency, cart value, technical availability and checks carried out by the respective payment service provider, individual payment methods may not be available, or may be available only to a limited extent, during checkout.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless we have agreed a later due date with you.

4.5 If you select a payment method offered via “Shopify Payments”, payment processing is carried out via Shopify Payments. The provider of the Shopify Payments services is Shopify International Limited, 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland. Shopify Payments may use payment processors, financial service providers and providers of individual payment methods to process payments. Via Shopify Payments, where available during checkout, we may offer in particular credit and debit card payments with Visa, Mastercard, American Express, Maestro and UnionPay, accelerated payment methods such as Shop Pay, Apple Pay and Google Pay, local payment methods such as Bancontact, BLIK, EPS and MobilePay, and payments in USD Coin (USDC). Additional terms, availability requirements or checks may apply to individual payment methods. Further information on Shopify Payments is available at https://www.shopify.com/de/legal/terms-payments/de.

4.6 If you select a payment method offered via the payment service “PayPal”, payment processing is carried out via PayPal. PayPal may also use the services of third-party payment service providers for this purpose. If payment methods are offered via PayPal under which PayPal or a payment service provider commissioned by PayPal grants you a payment deferral, purchase on account, instalment payment or another financing option, PayPal or the payment service provider commissioned by PayPal may carry out a credit check using the data you have provided before approving the payment method. We reserve the right to refuse the selected payment method in the event of a negative check result. If the selected payment method is approved, you must pay the invoice amount to PayPal or to the payment service provider commissioned by PayPal within the agreed payment period or in the agreed payment intervals. However, even where payment is processed via PayPal, we remain responsible for general customer enquiries, in particular regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations and withdrawal returns or credit notes.

4.7 If you select a payment method offered via the payment service “Klarna”, payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as “Klarna”). Klarna may offer different payment methods, in particular immediate payment, purchase on account, payment in partial amounts, payment by instalments or other financing options. The specific Klarna payment methods available to you are shown during checkout. For payment methods under which Klarna grants you a payment deferral, payment by instalments or another financing option, Klarna may carry out a credit check before approving the payment method. The applicable terms and further information on Klarna can be found here: /pages/payment-methods.

5) Shipping and Delivery Conditions

5.1 If we offer shipping of the goods, delivery will be made within the delivery area specified by us to the delivery address provided by you, unless otherwise agreed. The delivery address specified in our order processing is decisive for the processing of the transaction. Deviating from this, if PayPal is selected as the payment method, the delivery address stored by you with PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons for which you are responsible, you must bear the reasonable costs incurred by us as a result. This does not apply to the costs of outward delivery if you effectively exercise your right of withdrawal. For the return shipping costs in the event that you effectively exercise your right of withdrawal, the provisions set out in our withdrawal policy apply.

5.3 If you act as a trader, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have handed the goods over to the carrier, freight forwarder or other person or institution designated to carry out the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to you only when the goods are handed over to you or to a person authorised to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to you, even if you act as a consumer, as soon as we have handed the goods over to the carrier, freight forwarder or other person or institution designated to carry out the shipment, if you have commissioned that carrier, freight forwarder or other person or institution to carry out the shipment and we have not previously named that person or institution to you.

5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if we are not responsible for the non-delivery and if we have concluded a specific covering transaction with the supplier with due care. We will make all reasonable efforts to obtain the goods. If the goods are unavailable or only partially available, you will be informed without delay and any payment already made will be refunded without delay.

5.5 Collection in person is not possible for logistical reasons.

5.6 Vouchers will be provided to you as follows:

• by download
• by email

6) Retention of Title

If we provide goods before payment, we retain ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If you act as a trader,

• we may choose the type of subsequent performance;
• for new goods, the limitation period for claims for defects is one year from delivery of the goods;
• for used goods, rights and claims for defects are excluded;
• the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortened limitation periods set out above do not apply

• to your claims for damages and reimbursement of expenses,
• if we have fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their customary use and have caused the building to be defective,
• to any existing obligation on our part to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for traders, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If you act as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), you are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If you fail to comply with the notification obligations set out therein, the goods are deemed to have been approved.

7.5 If you act as a consumer, you are asked to complain to the delivery agent about goods delivered with obvious transport damage and to inform us accordingly. If you fail to do so, this has no effect on your statutory or contractual claims for defects.

8) Liability

We are liable to you for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 We are liable without limitation on any legal ground

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise provided in this respect,
• on the basis of mandatory liability, such as under the German Product Liability Act (Produkthaftungsgesetz).

8.2 If we negligently breach a material contractual obligation, liability is limited to the damage typical for the contract and foreseeable, unless we are liable without limitation in accordance with the above provision. Material contractual obligations are obligations imposed on us by the content of the contract in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely.

8.3 Otherwise, our liability is excluded.

8.4 The above liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.

9) Redemption of Campaign Vouchers

9.1 Vouchers that we issue free of charge as part of promotional campaigns with a specific validity period and that cannot be purchased by you (hereinafter referred to as “campaign vouchers”) can be redeemed only in our online shop and only within the specified period.

9.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of your campaign voucher.

9.3 Campaign vouchers can be redeemed only before completion of the order process. Subsequent offsetting is not possible.

9.4 Only one campaign voucher can be redeemed per order.

9.5 If our campaign voucher relates to a specific value and not to a percentage discount, the value of your goods must at least correspond to the amount of the campaign voucher. Any remaining credit will not be refunded by us.

9.6 If the value of the campaign voucher is not sufficient to cover your order, you may choose one of the other payment methods offered by us to pay the difference.

9.7 The credit balance of a campaign voucher is neither paid out in cash nor does it bear interest.

9.8 The campaign voucher will not be refunded if you return goods paid for in whole or in part with the campaign voucher within the scope of your statutory right of withdrawal.

9.9 The campaign voucher is transferable. We may render performance with debt-discharging effect to the respective holder who redeems the campaign voucher in our online shop. This does not apply if we have knowledge, or grossly negligent lack of knowledge, of the holder’s lack of entitlement, legal incapacity or lack of authority to represent.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased via our online shop (hereinafter referred to as “gift vouchers”) can be redeemed only in our online shop, unless otherwise stated in the voucher.

10.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year following the year in which the gift voucher was purchased. Any remaining credit balance will remain credited to you until the expiry date.

10.3 Gift vouchers can be redeemed only before completion of the order process. Subsequent offsetting is not possible.

10.4 Gift vouchers can be used only for the purchase of goods and not for the purchase of further gift vouchers.

10.5 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by us may be chosen to pay the difference.

10.6 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.

10.7 The gift voucher is transferable. We may render performance with debt-discharging effect to the respective holder who redeems the gift voucher in our online shop. This does not apply if we have knowledge, or grossly negligent lack of knowledge, of the holder’s lack of entitlement, legal incapacity or lack of authority to represent.

11) Applicable Law

11.1 The law of the Federal Republic of Germany applies to all legal relationships between you and us, excluding the laws governing the international sale of movable goods. If you act as a consumer, this choice of law applies only insofar as the protection granted to you is not withdrawn by mandatory provisions of the law of the country in which you have your habitual residence.

11.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, do not belong to a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

12) Alternative Dispute Resolution

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

Version: 11 May 2026