1 General, scope of application of these GTC

a) For reasons of better readability, the masculine form of address is used; the following General Terms and Conditions are certainly directed to all genders.
b) The following General Terms and Conditions apply to contracts between nicgeraldine.art, owner Nicole Arnoldi, Marienhofstraße 1, D-55130 Mainz (hereinafter referred to as: nic geraldine) and the customer (hereinafter referred to as: CUSTOMER). The inclusion of the customer’s own general terms and conditions is contradicted – unless the parties agree otherwise.
c) Contact and order processing take place via automated order processing and e-mail. You must ensure that the e-mail address you provide is correct so that the e-mails sent by nicole arnoldi can be received at this address. If SPAM filters are used, it must be ensured that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

2 Conclusion of contract

a) The goods offered by nic geraldine on the Internet do not represent a binding offer to conclude a purchase contract, but rather an invitation to place an order (customer’s offer to purchase).
b) The order placed via the online shop represents an offer to nic geraldine to conclude a purchase contract. nic geraldine can accept the customer’s offer within five days after the customer has sent his offer by sending an order confirmation to the customer, whereby the conclusion of the contract is based on the receipt of the order confirmation by the customer or on the delivery of the ordered goods to the customer (here the receipt of the goods by the customer is decisive) or on the request for payment by nic geraldine to the customer after the order has been placed.
If several of the alternatives exist, the contract is concluded at the point in time at which the first alternative occurs.
If the offer is not accepted within this period, the customer is no longer bound to his offer.
c) The text of the contract will not be saved by nic geraldine and can no longer be retrieved after the order process has been completed. However, you can print out the order data immediately before sending the order using the print function of your browser and you will receive an e-mail after sending the order in which your order is listed again.
d) The language of the contract is German.

3. How to order

You can submit your purchase offer as follows: via the online shop. The data you provide will be used exclusively for processing and delivering the order and will not be passed on.
When ordering via the online shop, proceed as follows:
(a) files from nic geraldine’s Artshop are not dispatched but made available for download. If you would like to download an item, enter the desired quantity and size in the selection field and add the item to the shopping basket by clicking the ‘Add to basket’ button. The shopping basket will then be displayed. If you would like more information about the product, please click on the respective product image. If you click on ‘Order with obligation to pay’, you will first receive an e-mail from us confirming receipt of your order. In the next step, a page will open on which you will find a file labelled ‘contract confirmation’, which contains the content of the contract and the required information. Please download this ‘contract confirmation’ and save it on your computer. After downloading the contract confirmation, the ordered files will be available for download for an unlimited period. If you cancel the process by closing the browser, the download will no longer be possible.
b) If you would like to purchase an item from the selection available in the shop, click on the item, select the size and frame type and place the item in the shopping basket by clicking on the ‘Add to basket’ button. The shopping basket will then be displayed. If you require further information on the product, please click on the relevant product image.
c) You can call up the shopping basket at any time via the symbol image in the top right-hand information field. Check your selection. If necessary, you can also change the order quantity there. d) You can then continue shopping or proceed to the next order step by clicking on the ‘Checkout’ button. Alternatively, you have the option of processing your order more quickly via our payment service provider ‘PayPal Express’.
e) In the next step, you have three options for placing the order:
(1) Login for registered customers – by entering the email address and password provided
or
(2) Order and register as a customer (‘I would like to create an account’). Now enter your personal details
or
(3) Order as a guest and continue the order process without creating an account (‘Check out as a guest’).
f) After entering your data and selecting the payment method, the entire shopping basket will be displayed again. If changes are necessary, you can still make them (‘Change data’).
g) By submitting the order, you accept our General Terms and Conditions and the Privacy Policy. You also take note of our cancellation policy.
h) Finally, you place your order in a legally binding manner by clicking on the ‘Buy now’ button.

4 Prices and terms of payment

a) The prices at the time of the order by the customer shall apply. All prices are to be understood as final prices, i.e. including the statutory value added tax and, if applicable, consumption tax. Shipping costs incurred are not included in the purchase price.
b) Additional costs for special deliveries or costs arising from multiple delivery attempts will be charged to the customer.
c) nic geraldine reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in case nic geraldine is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due diligence. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately, and the consideration shall be reimbursed without delay.
d) In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which nic geraldine is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds 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.
e) nicgeraldine.art currently offers the following payment options:
– Payment via PayPal
During the order process you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards.
– If you select the prepayment payment method, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.
– – Payment by credit card (Mastercard / Visa)
When you place your order, you also send us your credit card details. Once you have been legitimised as the legal cardholder, we will ask your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction will be carried out automatically by the credit card company and your card will be debited.
Please note our information on the payment methods offered in our privacy policy.

5. Shipping costs

The shipping costs are specifically displayed to the customer during the ordering process.

6. Shipment and delivery services

a) Deliveries shall be made to the delivery address specified by the customer in accordance with the shipping conditions applicable at the time of the order.
b) Delivery is made by parcel service or forwarding agent. The standard delivery time is stated as 3-5 working days, whereby delivery on Sundays and public holidays is excluded.
We will inform you immediately of any delays in delivery.
c) If the customer is in default of acceptance or culpably violates other obligations to co-operate, nic geraldine shall be entitled to demand compensation for the resulting damage, including any additional expenses. Further claims are expressly reserved. The risk of accidental loss or deterioration of the goods shall also pass to the Customer in the event of default of acceptance by the Customer.
d) If the customer is not a consumer, delivery and despatch shall be at the customer’s risk.

7. Cancellation policy

Consumers within the meaning of § 13 BGB have a statutory right of cancellation.
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of cancellation, you must contact us:
Nicole Geraldine Arnoldi
Marienhofstraße 1
D-55130 Mainz
Phone: +49 170 – 2 41 04 40
E-mail: hey@nicgeraldine.art
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
You only must pay for any loss in value of the goods if this loss in value is due to a defect in the quality, properties and functioning of the goods that is not attributable to a fault on your part.

8. Sample cancellation form

If you wish to cancel the contract, please complete this form and return it to us.
Here you can download a sample cancellation form.

To
Nicole Geraldine Arnoldi
Marienhofstraße 1
D-55130 Mainz
Phone: +49 170 – 2 41 04 40
E-mail: hey@nicgeraldine.art
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
Item name
____________________________________________
Purchased
______________________
Received
______________________
Surname

____________________________________________
First name
____________________________________________
Your address
____________________________________________
____________________________________________
____________________________________________
Date on purchase
______________________
Signature
____________________________________________

9. The right of cancellation does not apply to contracts with digital content

The right of cancellation expires prematurely for contracts for the delivery of digital content if nic geraldine has started to execute the contract after you have expressly agreed that it will start to execute the contract before the expiry of the cancellation period and you have confirmed your knowledge to nic geraldine that you lose your right of cancellation by giving your consent at the start of the execution of the contract.

10. Terms of return

a) Please avoid damaging or contaminating the goods. Please return the goods to us in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
b) Please do not return the goods to us freight collect.
c) Please note that the above paragraphs are not a prerequisite for the effective exercise of the right of cancellation.

11. Damage during transport

If goods are delivered with obvious transport damage, the customer must complain about such defects to the deliverer as soon as possible and contact nic geraldine immediately. Failure to lodge a complaint or contact nic geraldine shall have no consequences for the customer’s statutory rights and their enforcement, in particular for his warranty rights. nic geraldine shall thereby be put in a position to assert its own claims against the carrier or the transport insurance company.

12. Reservation of ownership

nic geraldine retains ownership of the delivered item until all claims arising from the delivery contract have been paid in full.

13. Reservation of property rights to files

a) By downloading digital content from the nic geraldine Artshop, you acquire ownership and are subject to copyright protection. They may not be passed on to third parties and may only be used within the narrow limits of copyright law, for personal use.
b) Company details, trademarks and copyright notices may not be removed from the files and printouts.

14. Warranty

a) Statutory warranty rights apply to all goods from the nicolearnoldi.design online shop.
b) If the customer is an entrepreneur within the meaning of the German Civil Code (BGB), the customer is obliged to give immediate notice of defects in accordance with § 377 HGB. The customer must therefore notify nicolearnoldi.design of the defect in writing immediately upon receipt of the goods. If the customer fails to do so, the assertion of warranty claims is excluded.

15. data protection

nic geraldine handles your personal data responsibly in accordance with the statutory provisions. You agree that personal data may be stored and processed within the scope of the contractual relationship. Further information on data protection can be found at: https://www.nicgeraldine.art/privacy_policy/

16. Dispute resolution

In accordance with Section 36 (1) No. 1 of the Consumer Dispute Resolution Act (VSBG), it is pointed out that nic geraldine is neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards

16. place of jurisdiction

a) If the customer is an entrepreneur, the place of jurisdiction for all disputes arising from contractual relationships between the customer and nic geraldine shall be the court responsible for this company’s registered office in Mainz.
b) nic geraldine shall in any case be also entitled to take legal action against the customer at another legal place of jurisdiction.
c) However, if the customer is a consumer within the meaning of the German Civil Code (BGB), the following shall apply:
Actions brought by nic geraldine against the consumer shall be brought at the customer’s place of residence in accordance with the statutory place of jurisdiction pursuant to Section 13 ZPO.

You can download the Terms and Conditions here.

Status: April 2025