1 Scope of Application – Contract Status
1) Our general terms and conditions apply to all contracts concluded with regard to goods offered via the schnittchen® – einfach nähen online shop.
2) Our general terms and conditions exclusively apply. We do not recognize conditions that contradict or deviate from our general terms and conditions unless we have expressly agreed to their validity in writing. Our general terms and conditions also apply if we provide the service to him/her without reservation, in the awareness of customer conditions that conflict or deviate from our general terms and conditions. Individual agreements shall remain unaffected.
3) Our cutting patterns are for personal use and not for subsequent commercial sewing.
§ 2 Offer, Conclusion of Contract, Offer Documents
1) The purchaser’s contractual partner is:
schnittchen® – einfach nähen
Owner: Silke Türck
VAT ID no. DE2339461512.
2) The customer’s order constitutes a binding offer and will proceed via clicking the “Purchase” button. The confirmation for processing your order that we will then send does not constitute acceptance of this offer. Binding acceptance is declared only by the delivery of the goods or by sending the invoice. Only at that point is the contract concluded.
3) The order is subject to the availability of goods. In case of non-availability of the product you will be informed immediately and refunded for already received expenditures as soon as possible.
4) If the customer orders the goods electronically, the contractual text as well as these GTCs will be saved in a reproducible form and sent to the customer by email upon request.
§ 3 Information Requirements
1) The purchaser is obligated to provide truthful information upon registration. If data provided by the purchaser has changed, especially name, email address, phone number, bank account (credit card), the purchaser is obliged to inform us immediately by changing this information.
2) If the purchaser makes false statements regarding name, address, email address, phone number or bank account (credit card), insofar as a contract has been concluded, we can withdraw from the contract. The withdrawal will be declared in written form (§ 136 b BGB/German Civil Code).
3) The customer has to ensure that his or her designated email address is reachable and that reception of emails is not prevented because of forwarding, closure or blocking of the email account.
§ 4 Prices, Payment Conditions, Delivery Costs
1) Our prices are final prices, including VAT.
2) The purchase price plus the delivery cost must be paid without delay and without any deduction. Our receipt of the funds will be the measure with regard to timeliness of payment. The statutory provisions governing the consequences of late payment shall apply. Payment for the goods will be made in advance (bank transfer), via sofortueberweisung.de, PayPal and Direct Debit – electronic direct debiting (exclusively from German and Austrian checking accounts).
3) Price changes are permitted if the period between conclusion of the contract and the agreed delivery date is more than four months. If thereafter and until delivery completion there is an increase in delivery wages, material costs or market-consistent purchase prices, we are entitled to increase the price appropriately in accordance with these cost increases. The customer is only entitled to withdraw if the price increase significantly exceeds the increase in the general cost of living between order and delivery. If the customer is a merchant, legal entity under public law or public special fund, price changes according to the above rule are allowed if there are more than six weeks between the conclusion of the contract and the agreed delivery date.
4) Packaging shall become the property of the customer and, as with the cost of postage, we will calculate its cost separately.
5) The customer will only be entitled to offsetting rights if her/his counterclaims have been legally established, undisputed or acknowledged by us. Additionally, the customer is only entitled to exercise a right of retention insofar as his/her claim is based on the same contractual relationship.
§ 5 Performance Time, Delivery/Download, Delivery Abroad
1) If we have specified delivery periods and made them the basis for order placement, such time periods shall be extended due to strike, force majeure, and as such for the duration of the delay. The same applies if the customer does not fulfil any obligations to cooperate.
2) If the customer’s permanent residence is not in the Federal Republic of Germany, delivery will only proceed upon receipt of the purchase price. An obligation to deliver to other countries does not exist. Upon our request the customer must specify an address in Germany for delivering to.
3) With the purchase of a cutting pattern download, the download will be made available to the customer in PDF file format. To this end schnittchen® – einfach nähen will send a link by email to the email address the customer has provided. The link will be available to the customer for 30 days and for a total of 3 downloads. Customers are advised to complete the download immediately. In addition, the purchased cutting pattern download can be downloaded from the respective customer account.
4) In order to download and read the cutting pattern download, the customer needs the appropriate reader software (Adobe Reader). The provision of this reading software is not part of schnittchen® – einfach nähen’s performance obligation. Additional shipping costs will not be incurred. Any telecommunications costs that may be incurred in downloading will be borne by the customer.
§ 6 Rights of Use
1) The items offered by schnittchen® – einfach nähen are protected by copyright and/or protected by intellectual property rights.
2) With the purchase of an item schnittchen® – einfach nähen does not grant the customer ownership. With the provision of the cutting pattern schnittchen® – einfach nähen transfers to the customer a simple, non-transferable, non-sublicensable right to use the products for the production of each garment or accessories, to reproduce them for personal use. Commercial or industrial productions of the respective garment or accessories is prohibited and in the case of exceptions may be questioned by schnittchen® – einfach nähen. The alteration, reproduction, or distribution of the cutting pattern, and the forwarding of the cutting pattern download to third parties, is prohibited. It is especially forbidden to make the item publicly available on the Internet or other networks.
§ 7 Right of Withdrawal in Consumer Contracts
1) The customer has the right to revoke his contractual declaration without giving reasons within two weeks, via written form (e.g. letter, fax, email) or by returning the goods. To comply with the time limit, it is sufficient that the cancellation or return of the goods be sent in good time. The cancellation must be sent to the following address:
schnittchen® – einfach nähen
Owner: Silke Türck
VAT ID no. DE233946151
In case of an effective cancellation, the services received on both sides are to be reimbursed, and any relevant benefits (e.g. interest) are to be disbursed.
3) If the customer is not able to reimburse the received service in whole or in part, or is only able to return it in deteriorated condition, he/she must pay compensation at value in this respect. This does not apply if the item’s deterioration is exclusively due to its having been inspected – as would be possible for the customer in a retail store. Moreover, the customer can avoid the obligation for compensation by not using the goods as an owner would, and refrains from doing anything which might impair their value.
4) Items that can be packaged are to be returned. Given the return of a goods delivery whose order value totals up to 40 euros, the customer has to bear the cost of returning the goods if the delivered goods correspond to those that were ordered. Otherwise the return is free.
5) The right of returns does not apply if the goods have been produced according to customer specifications, or are clearly tailored to personal needs, or by their nature are not suitable for return, spoil quickly, have an expiration date that has passed, or given a delivery of audio or video recordings or software insofar as the delivered data carriers have been unsealed by the customer, or with the delivery of newspapers, journals or magazines.
§ 8 Liability for Defects
1) We shall be liable in case of defects in accordance with statutory provisions, insofar as there are no restrictions resulting from the following. The customer must inform us with regard to obvious defects in writing within two weeks after the onset of the defect. If notification is not made within the above-specified period, the warranty rights are void. This does not apply if we conceal the defect maliciously or have assumed a warranty for the condition of the item.
2) The period of limitation for defect claims in the delivery of new items is two years, calculated from the transfer of risk. For used items the warranty period is uniformly one year, calculated from the transfer of risk. This does not apply if the issue at hand is compensation claims due to defects. § 7 Applies for damage claims due to defect.
3) The customer does not obtain warranties from us in the legal sense. In particular, no warranty is assumed with regard to an item not fitting, which the customer has made in accordance with a cutting pattern she/he has ordered. We fulfil our due diligence in providing the detailed instructions and procedures, as well as the incitement for the customer to choose the standard size according to our measurement charts.
§ 9 Liability for Damages
1) Our liability for contractual breach of duty and for offences is limited to wilful intent and gross negligence. This does not apply to injury to customer’s life, body and health or to claims regarding breach of cardinal obligations, or compensation for damage caused by delay (§ 286 BGB). In that regard we are liable regardless of the degree of fault.
2) The above exclusion of liability shall also apply to slightly negligent breaches of duty by our vicarious agents.
3) Insofar as liability for damages that are not based on injury to the customer’s life, body or health, is not excluded for slight negligence, such claims become invalid within one year beginning with the emergence of the claim.
4) Insofar as liability for damages is excluded or limited for us, this also applies to the personal liability of our full-salary employees, workers, co-workers, representatives and vicarious agents.
§ 10 Retention of Ownership
1) We shall retain ownership of the delivered goods until full payment of the purchase price.
2) The customer must inform us immediately in the event of enforcement activities by third parties with regard to the reserved goods, and must supply the necessary documents for an intervention; this also applies to impairments of any kind, regardless of whether the customer already had to inform the third party beforehand as to existing rights relating to the goods.
§ 11 Limitation of our own Claims
Our claims for payment shall lapse in five years, notwithstanding § 195 BGB. § 199 BGB applies with respect to the beginning of the period of limitation.
§ 12 The Form of Declarations
Legally relevant declarations and notifications which the customer or a third party must submit, have to be in written form.
§ 13 Place of Performance, Choice of law, Jurisdiction
1) Insofar as nothing in the contract otherwise applies, the site of performance and payment is our registered office.
2) The law of the Federal Republic of Germany applies for this contract. This does not apply if specific rules on consumer protection in the customer’s home country are more favourable (Art. 29 EGBGB/Introductory Act to the German Civil Code).
3) If the customer has no general jurisdiction in Germany or another EU Member State, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office.
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