Terms of service
This English version is provided for your convenience. In case of doubt, the German version is legally binding.
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Carola Schade, trading as Handmade Art by Carola) via the website www.by-carola.com. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. A trader is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By placing the respective product on our website, we already make you a binding offer to conclude a contract via the online shopping cart system on the terms stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the "Cart". You can open the "Cart" via the corresponding button in the navigation bar and make changes there at any time.
After you click the "Checkout" or "Go to checkout" button (or a button with a similar label) and enter your personal data as well as the payment and shipping terms, the order data is finally displayed to you as an order summary.
If you use an instant payment system as your payment method (e.g. PayPal (Express/Checkout), Shop Pay, Apple Pay, Google Pay), you will either be taken to the order summary page in our online store or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order data is displayed to you as an order summary on the website of the provider of the instant payment system or after you have been redirected back to our online store.
Before submitting the order, you have the opportunity to check the information in the order summary again, to change it (also via the "back" function of your web browser) or to cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order subject to charge", "pay" / "pay now" or a similar label), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract take place by email and are partly automated. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Special Agreements on the Payment Methods Offered
(1) Payment via "Shopify Payments"
If you select a payment method offered via "Shopify Payments" (e.g. credit card, Apple Pay, Google Pay, Shop Pay), the payment is processed via the payment service Shopify Payments of Shopify International Limited (Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland; "Shopify"). For the technical processing of payments, Shopify uses other payment service providers, in particular Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland) and Adyen N.V. (Simon Carmiggeltstraat 6-50, 1011 DJ Amsterdam, Netherlands). The individual payment methods are displayed to you during the online ordering process. If special payment terms apply to individual payment methods, you will be informed of them separately. You can find more information about "Shopify Payments" at https://www.shopify.com/legal/terms-payments-de.
(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment is processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website and during the online ordering process. "PayPal" may use other payment services to process the payment; if special payment terms apply to these, you will be informed of them separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(3) Payment via "Stripe"
If you select a payment method offered via "Stripe", the payment is processed via the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed to you under a correspondingly labeled button on our website and during the online ordering process. "Stripe" may use other payment services to process the payment; if special payment terms apply to these, you will be informed of them separately. You can find more information about "Stripe" at https://stripe.com/de.
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as the claims arise from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Statutory Warranty
(1) The statutory warranty rights for defects apply.
(2) As a consumer, you are asked to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the carrier of any complaints as soon as possible. If you do not do so, this has no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of the more favorable law).
(2) The place of performance for all services arising from the business relationships existing with us, as well as the place of jurisdiction, is our place of business, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is not known at the time the action is filed. This does not affect the right to also bring an action before the court at another statutory place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
Handmade Art by Carola
Carola Schade
Biefangstraße 1
46149 Oberhausen
Germany
Email: hello@by-carola.com
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on the Conclusion of the Contract
The technical steps to conclude the contract, the conclusion of the contract itself and the options for correction are governed by the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. We do not store the full text of the contract. Before the order is submitted via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. Once we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices stated in the respective offers as well as the shipping costs are total prices. They include all price components, including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be paid by you in addition, unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, further costs for which we are not responsible may arise, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by credit institutions), which are to be paid by you.
5.4. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) are to be paid by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.
5.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
6. Delivery Terms
6.1. The delivery terms, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the item sold during shipment passes to you only when the goods are handed over to you, regardless of whether the shipment is made with or without transport insurance. This does not apply if you have independently commissioned a transport company not named by the trader or any other person designated to carry out the shipment.
7. Statutory Warranty Rights
Liability for defects is governed by the provision "Statutory Warranty" in our General Terms and Conditions (Part I).
Last updated: October 1, 2026
