General Terms and Conditions

§ 1 Scope

These General Terms and Conditions apply to all contracts concluded via the DMANERA Atelier online shop between the provider

DMANERA Atelier
KölnTurm
Im Mediapark 8
50670 Cologne
Germany
Owner: Dennis Mestrum

– hereinafter “DMANERA Atelier” – and the respective customer.

Customers within the meaning of these General Terms and Conditions may be both consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

An entrepreneur is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

Divergent or conflicting terms and conditions of an entrepreneur only apply if DMANERA Atelier has expressly agreed to their validity.

§ 2 Subject of the Contract

The subject of the contract is the sale of goods offered in the online shop, in particular clothing and accessories.

The essential characteristics of the respective goods are set out in the corresponding product description in the online shop.

Product images are provided for the representation of the offered items. Minor deviations in color or appearance may occur, in particular due to different screen and device settings.

§ 3 Conclusion of Contract

The presentation of products in the online shop does not constitute a legally binding offer to conclude a sales contract, but rather an invitation to submit an order.

The customer can add the desired products to the shopping cart and enter and check their order and payment data in the further ordering process, correcting them if necessary.

By submitting the order, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping cart.

The receipt of the order is confirmed to the customer electronically. A mere confirmation of receipt does not constitute acceptance of the contractual offer, unless expressly stated otherwise in the confirmation.

The sales contract is concluded when DMANERA Atelier

– expressly accepts the order via an order confirmation,
– confirms the shipment of the goods, or
– ships the ordered goods to the customer.

DMANERA Atelier can accept the customer's contractual offer within five days of receipt of the order.

If the offer is not accepted within this period, it is deemed rejected. Payments already made will be refunded immediately in this case.

§ 4 Prices and Shipping Costs

All prices stated in the online shop are total prices and include the applicable statutory value-added tax, if applicable.

In addition to the product price, shipping costs may be incurred.

The amount of the shipping costs depends in particular on the country of delivery and is displayed to the customer during the ordering process before they submit their binding order.

Further information on shipping costs and delivery regions can be found on the “Shipping & Returns” page.

For deliveries to countries outside the European Union, additional customs duties, import taxes, fees, or other charges may be incurred. These are not charged by DMANERA Atelier and are generally to be borne by the recipient to the responsible authorities or other bodies.

§ 5 Payment Terms

The payment options displayed in the respective ordering process are available to the customer.

These may include, in particular, credit card, PayPal, Apple Pay, Klarna, as well as other payment methods offered via the online shop.

Which payment methods are available in a specific case depends on the respective order, the country of delivery, and the available payment service providers.

When using an external payment service provider, its respective contract and terms of use apply additionally.

Unless otherwise stated for a payment method, the purchase price is due immediately upon conclusion of the contract.

In the case of agreed advance payment, shipment generally only takes place after full receipt of payment.

§ 6 Default in Payment

If the customer defaults on a due payment, the statutory provisions apply.

For consumers, the statutory default interest rate is five percentage points above the respective base interest rate.

For payment claims arising from legal transactions in which no consumer is involved, the statutory default interest rate is nine percentage points above the respective base interest rate.

The assertion of further damages for default remains unaffected in accordance with statutory regulations.

§ 7 Delivery

Delivery is made to the delivery address specified by the customer during the ordering process.

The respective estimated delivery times are stated in the online shop or on the “Shipping & Returns” page.

Unless otherwise stated, the delivery time within Germany is generally 1 to 5 working days.

DMANERA Atelier is entitled to send an order in several partial shipments, provided this is reasonable for the customer. This will not result in any additional shipping costs for the customer.

Should an ordered item be unavailable despite proper inventory management, the customer will be informed immediately. Payments already made for the unavailable item will be refunded immediately.

§ 8 Shipping and Transfer of Risk

If the customer is a consumer, the risk of accidental loss or accidental deterioration of the goods generally only passes upon delivery of the goods to the customer or a recipient specified by them.

This also applies if DMANERA Atelier ships the goods via a shipping service provider.

If the consumer independently commissions a shipping service provider that DMANERA Atelier has not previously designated, the statutory provisions regarding the transfer of risk apply.

If the customer is an entrepreneur, the risk passes to the customer upon handover of the goods to the shipping service provider, carrier, or other person or entity commissioned with the shipment in the case of mail-order purchases.

If the recipient independently grants a drop-off authorization to a shipping service provider or specifies a storage location, liability and risk-bearing are governed by statutory provisions as well as agreements made between the recipient and the shipping service provider.

DMANERA Atelier generally ships goods with appropriate transport insurance provided by the respective shipping service provider.

§ 9 Retention of Title

The delivered goods remain the property of DMANERA Atelier until full payment has been made.

With regard to entrepreneurs, DMANERA Atelier reserves ownership of the delivered goods until all claims arising from the ongoing business relationship have been settled in full.

§ 10 Right of Withdrawal for Consumers

Consumers are generally entitled to a statutory right of withdrawal for distance contracts.

Details regarding the requirements, deadlines, exercise, and legal consequences of the withdrawal are set out in DMANERA Atelier's separate Cancellation Policy.

The statutory withdrawal period is generally 14 days.

DMANERA Atelier also provides consumers with an electronic withdrawal function via the online interface, to the extent required by law.

The direct costs of returning the goods in the event of an effective withdrawal are to be borne by the consumer, provided they have been properly informed thereof before the conclusion of the contract and DMANERA Atelier has not expressly offered to bear the return costs.

DMANERA Atelier may withhold the refund until it has received the goods back or until the consumer has provided proof that they have returned the goods, whichever is earlier.

The consumer is only liable for any diminished value of the goods if this loss in value is due to handling of the goods that was not necessary for establishing the nature, characteristics, and functioning of the goods.

§ 11 Exclusion of the Right of Withdrawal for Personalized Goods

The right of withdrawal does not apply, in particular, to contracts for the delivery of goods that

are not prefabricated and for whose manufacture an individual choice or determination by the customer is decisive, or
which are clearly tailored to the personal needs of the customer.

Where DMANERA Atelier offers corresponding personalized or custom-made goods, this is specifically indicated in the respective product offer.

§ 12 Returns

Details on the procedure for voluntary or statutory returns can be found in the information under “Shipping & Returns” as well as in the Cancellation Policy.

Returns should be sent back as completely as possible and in packaging suitable for transport.

The use of the original packaging is not a prerequisite for the effective exercise of statutory consumer rights.

Statutory warranty rights and the statutory right of withdrawal remain unaffected by this.

§ 13 Warranty

The statutory warranty rights apply to the delivered goods.

If the customer is a consumer, the statutory provisions on the sale of consumer goods apply in particular.

The customer is asked to report obvious transport damage to the shipping service provider as soon as possible and to inform DMANERA Atelier accordingly.

However, failure to make such a report has no effect on a consumer's statutory warranty rights.

For entrepreneurs, the statutory obligations to inspect and give notice of defects apply supplementarily, to the extent that these are relevant.

§ 14 Liability

DMANERA Atelier is liable without limitation

in cases of intent and gross negligence,
for damages resulting from injury to life, body, or health,
in accordance with the provisions of the Product Liability Act, as well as
in other cases of mandatory statutory liability.

In the event of a slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract.

Essential contractual obligations are those obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely.

Otherwise, liability for slight negligence is excluded to the extent permitted by law.

§ 15 Data Protection

Personal data is processed in compliance with the applicable data protection regulations.

Information on the type, scope, purpose, and legal basis of the processing of personal data, as well as the service providers used and the rights of the data subjects, can be found in DMANERA Atelier's separate Privacy Policy.

§ 16 Applicable Law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

For consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the state in which they have their habitual residence.

§ 17 Place of Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the business relationship is Cologne, to the extent permitted by law.

The same applies to entrepreneurs who have no general place of jurisdiction in Germany, provided that a corresponding agreement on the place of jurisdiction is legally permissible.

Statutory provisions on the place of jurisdiction apply to consumers.

§ 18 Dispute Resolution for Consumers

DMANERA Atelier is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

To the extent that an obligation to participate in a dispute resolution procedure exists due to legal changes or special circumstances, the respective statutory regulations take precedence.

§ 19 Contract Language

German and – to the extent offered in the online shop – English are available as contract languages for the conclusion of the contract.

The version of the contract used in the respective ordering process is authoritative for the contractual relationship.

§ 20 Final Provisions

Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.

The invalid provision shall be replaced by the applicable statutory provisions.

Last updated: September 2026