Terms of service

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Warranty for Defects
  8. Liability
  9. Special Conditions for the Processing of Goods According to Specific Customer Requirements
  10. Special Conditions for Assembly/Installation Services
  11. Redeeming Promotional Vouchers
  12. Redeeming Gift Vouchers
  13. Applicable Law
  14. Code of Conduct
  15. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Franziska Knöchel, acting under "Codeso Living" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the seller regarding the goods presented by the seller in their online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For contracts for the delivery of vouchers, these Terms and Conditions apply accordingly, unless otherwise regulated.

1.3 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or independent professional activity.

1.4 An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.5 If the customer’s delivery and billing address is in Switzerland or Liechtenstein, the following conditions apply, with the proviso that MeinEinkauf AG, Fürstenlandstrasse 35, 9000 St. Gallen, Switzerland (hereinafter "MeinEinkauf") becomes the customer’s contractual partner instead of the seller. In this case, the seller acts solely as an intermediary between the customer and MeinEinkauf and does not itself become a party to the purchase contract. The customer is expressly informed of this in the seller’s online shop. MeinEinkauf is responsible for contract processing in this case. The seller handles correspondence with the customer on behalf of MeinEinkauf. This also applies to correspondence related to any performance issues, especially when the customer asserts warranty rights.

2) Conclusion of Contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but rather serve as an invitation for the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer for the goods contained in the shopping cart by clicking the button that completes the order process. Furthermore, the customer can also submit the offer to the seller by e-mail.

2.3 The seller may accept the customer's offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
  • by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract is concluded at the moment when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the close of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed a rejection of the offer, with the result that the customer is no longer bound by their 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: "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the customer does 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. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the order process.

2.5 If you select the "Amazon Payments" payment method, payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://pay.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that completes the order process, they simultaneously issue a payment order to Amazon. In this case, the seller hereby declares acceptance of the customer's offer at the moment the customer initiates the payment process by clicking the button that completes the order process.

2.6 When ordering via the seller's online order form, the contract text will be stored by the seller after the contract has been concluded and sent to you in text form (e.g. e-mail, fax or letter) after you have submitted your order. The seller does not provide any further access to the contract text. If you have created a user account in the seller's online shop before submitting your order, the order data will be archived on the seller's website and can be accessed free of charge by you via your password-protected user account by entering the relevant login data.

2.7 Before submitting a binding order via the seller's online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's zoom function, which allows you to enlarge 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 ordering process.

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

2.9 Order processing and communication usually take place via e-mail and automated order processing. You must ensure that the e-mail address you provide for order processing is correct so that you can receive the e-mails sent by the seller at this address. In particular, when using SPAM filters, you must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

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

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases that are not the responsibility of the seller and must be borne by you. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to money transfers 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 method(s) will be communicated to you in the seller's online shop.

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

4.5 If you select a payment method offered via the payment service "PayPal", payment processing is handled by PayPal, which may also use the services of third-party payment providers. If the seller offers payment methods via PayPal where the seller provides goods or services in advance (e.g. purchase on account or installment payment), the seller assigns their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the selected payment method in the event of a negative result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, you can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of the claim, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, cancellation declarations and returns, or credit notes.

4.6 If you select the payment method "Sofortüberweisung", payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Sofortüberweisung", you must have an online banking account enabled for participation in "Sofortüberweisung", authenticate yourself accordingly during the payment process, and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and your bank account is debited. You can find more information about the "Sofortüberweisung" payment method online at https://www.klarna.com/sofort/ retrieve.

4.7 If you select a payment method offered via the payment service "Shopify Payments", payment processing will be carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments will be communicated to you in the seller's online shop. For payment processing, Shopify may use additional payment services, which may be subject to special payment conditions, of which you will be informed separately if applicable. Further information about "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments/de available.

4.8 If you select a payment method offered via the payment service "Apple Pay", payment processing will be carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay will be communicated to you in the seller's online shop. For payment processing, Apple may use additional payment services, which may be subject to special payment conditions, of which you will be informed separately if applicable. Further information about Apple Pay can be found online at https://www.apple.com/de/apple-pay/ available.

4.9 If you select a payment method offered via the payment service "Google Pay", payment processing will be carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay will be communicated to you in the seller's online shop. For payment processing, Google may use additional payment services, which may be subject to special payment conditions, of which you will be informed separately if applicable. Further information about Google Pay can be found online at https://pay.google.com/intl/de_de/about/ available.

4.10 If you select a payment method offered via the payment service "Stripe", payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to you in the seller's online shop. For payment processing, Stripe may use additional payment services, which may be subject to special payment conditions, of which you will be informed separately if applicable. Further information about Stripe can be found online at https://stripe.com/de available.

4.11 When selecting a payment method offered via the "Klarna" payment service, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found here:

https://www.codeso-living.de/pages/klarna-zahlungsmoglichkeiten

4.12 When selecting the invoice purchase payment method, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid in full to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) within 30 days from the invoice date, unless otherwise agreed. The invoice purchase payment method requires a successful credit check by Klarna AB. If, after checking the creditworthiness, the customer is permitted to use the invoice purchase payment method, payment processing will be carried out in cooperation with Klarna AB, to whom the seller assigns their payment claim. In this case, the customer can only make payment to Klarna AB with debt-discharging effect. Otherwise, the General Terms and Conditions of Klarna AB apply, which the customer can access during the ordering process. The seller reserves the right to offer the invoice purchase payment method only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of the corresponding payment restriction in the payment information in the online shop.

4.13 When selecting the "PayPal Invoice" payment method, the seller assigns their payment claim to PayPal. Before accepting the seller's assignment declaration, PayPal conducts a credit check using the customer data provided. The seller reserves the right to refuse the "PayPal Invoice" payment method to the customer in the event of a negative credit check result. If PayPal approves the "PayPal Invoice" payment method, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment term. In this case, payment can only be made to PayPal with debt-discharging effect. However, even in the event of the assignment of the claim, the seller remains responsible for general customer inquiries, such as regarding the goods, delivery times, shipping, returns, complaints, cancellation declarations and returns, or credit notes. In addition, the General Terms of Use for PayPal's invoice purchase apply, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.14 If you select the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.

5) Delivery and Shipping Conditions

5.1 If Codeso Living offers shipping of the goods, delivery will be made within the delivery area specified by Codeso Living to the delivery address provided by you, unless otherwise agreed. For order processing, the delivery address specified in Codeso Living's order process is decisive.

5.2 For goods delivered by freight forwarding, delivery is made "curbside," i.e., to the nearest public curb to the delivery address, unless otherwise stated in the shipping information in Codeso Living's online shop or otherwise agreed.

5.3 If delivery of the goods fails for reasons attributable to you, you shall bear the reasonable costs incurred by Codeso Living as a result. This does not apply to shipping costs if you effectively exercise your right of withdrawal. For return shipping costs, the regulation specified in Codeso Living's cancellation policy applies if you effectively exercise your right of withdrawal.

5.4 If you are acting as a business customer, the risk of accidental loss or accidental deterioration of the sold goods passes to you as soon as Codeso Living has handed the item over to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment. If you are acting as a consumer, the risk of accidental loss or accidental deterioration of the sold goods generally passes to you only upon delivery of the goods to you or to a person authorized to receive them. However, by way of exception, the risk of accidental loss or accidental deterioration of the sold goods also passes to you as a consumer as soon as Codeso Living has handed the item over to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment, if you have commissioned the carrier, freight forwarder, or other person or institution to carry out the shipment and Codeso Living has not previously named this person or institution to you.

5.5 If the customer is a consumer based in Germany or an entrepreneur, the seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this only applies if the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and any consideration already paid will be refunded without delay.

5.6 If the seller offers the goods for collection, the customer can collect the ordered goods during the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.

5.7 Vouchers are provided to the customer as follows:

- by e-mail

6) Retention of Title

If the seller makes advance payment, they 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 regulations, the statutory provisions on liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the customer is acting as an entrepreneur,

  • the seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for defect rights is one year from delivery of the goods;
  • for used goods, rights regarding defects are excluded;
  • the limitation period does not start anew if a replacement delivery is made as part of liability for defects.

7.2 If the customer is acting as a consumer, the following restriction applies to contracts for the delivery of used goods: The limitation period for claims for defects is one year from delivery of the goods, provided this has been expressly and separately agreed between the parties and the customer has been specifically informed of the shortening of the limitation period before submitting their contractual declaration.

7.3 The above-mentioned limitations of liability and shortened limitation periods do not apply

  • for claims for damages and reimbursement of expenses by the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
  • for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the customer is acting as a merchant within the meaning of § 1 HGB, they are subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.6 If the customer is acting as a consumer, they are requested to report goods delivered with obvious transport damage to the carrier and inform the seller accordingly. Failure to do so has no effect whatsoever on their statutory or contractual warranty claims.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation on any legal grounds

  • in cases of intent or gross negligence,
  • in the event of intentional or negligent injury to life, body, or health,
  • due to a guarantee promise, unless otherwise regulated in this regard,
  • due to mandatory liability, such as under the Product Liability Act.

8.2 If the customer acts as a consumer with a registered office in Germany or as an entrepreneur, the following liability limitations apply:

If the seller negligently breaches an essential contractual obligation, his liability is limited to the typical, foreseeable damage, unless he is liable without limitation in accordance with the above clause. Essential contractual obligations are obligations that the contract imposes on the seller according to its content for the achievement of the contractual purpose, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely. Otherwise, the seller's liability is excluded, unless he is liable without limitation in accordance with the above clause.

8.3 The above liability provisions also apply with regard to the seller's liability for his vicarious agents and legal representatives.

9) Special Conditions for the Processing of Goods According to Specific Customer Requirements

9.1 If, according to the contract, the seller is responsible not only for delivering the goods but also for processing the goods according to specific customer requirements, the customer must provide the seller with all content required for processing, such as texts, Wall Art, or graphics, in the file formats, formatting, image and file sizes specified by the seller, and grant the necessary usage rights. The customer alone is responsible for procuring and acquiring the rights to these contents. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer must ensure that no third-party rights are infringed, especially copyrights, trademark rights, and personal rights.

9.2 The customer shall indemnify the seller against any claims by third parties arising from the contractual use of the customer's content by the seller that infringes their rights. The customer shall also bear the necessary costs of legal defense, including all statutory court and attorney fees. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully, and fully with all information necessary to examine the claims and mount a defense.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or common decency. This applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

10) Special Conditions for Assembly/Installation Services

If, according to the contract, the seller is responsible not only for delivering the goods but also for assembling or installing the goods at the customer's location, as well as any necessary preparatory measures (e.g., measurement), the following applies:

10.1 The seller may provide their services either personally or through qualified personnel selected by them. The seller may also use the services of third parties (subcontractors) who act on their behalf. Unless otherwise specified in the seller's service description, the customer has no right to choose a specific person to perform the requested service.

10.2 The customer must provide the seller with all information required for the provision of the owed service fully and truthfully, unless procurement of such information is, according to the contract, the responsibility of the seller.

10.3 After conclusion of the contract, the seller will contact the customer to arrange an appointment for the owed service. The customer must ensure that the seller or the personnel commissioned by the seller has access to the relevant facilities of the customer at the agreed time.

10.4 The risk of accidental loss and accidental deterioration of the sold goods passes to the customer only upon completion of the assembly work and handover to the customer.

11) Redemption Of Promotional Vouchers

11.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period, and which cannot be purchased by the customer (hereinafter "promotional vouchers"), can only be redeemed in the seller's online shop and only within the specified period.

11.2 Promotional vouchers can only be redeemed by consumers.

11.3 Individual products may be excluded from the voucher promotion if a corresponding restriction is stated in the content of the promotional voucher.

11.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

11.5 Only one promotional voucher can be redeemed per order.

11.6 If the promotional voucher refers to a specific value and not to a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

11.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.

11.8 The balance of a promotional voucher will neither be paid out in cash nor bear interest.

11.9 The promotional voucher will not be refunded if the customer returns goods paid for wholly or partly with the promotional voucher under their statutory right of withdrawal.

11.10 The promotional voucher is intended solely for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

12) Redemption Of Gift Vouchers

12.1 Vouchers that can be purchased via the seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the seller’s online shop, unless otherwise stated on the voucher.

12.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining balances will be credited to the customer until the expiry date.

12.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

12.4 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

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

12.6 The balance of a gift voucher will neither be paid out in cash nor bear interest.

12.7 The gift voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the seller’s online shop. This does not apply if the seller is aware of, or through gross negligence is unaware of, the lack of entitlement, legal incapacity, or lack of authority of the respective holder.

13) Applicable Law

13.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

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

14) Code of Conduct

15) Alternative Dispute Resolution

The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.