Terms of service
General Terms and Conditions for contracts concluded via the online store at www.quiltwerke.com between Stefanie Troy; Merlinweg 39; 50997 Cologne, Germany and the customer.
Table of contents:
1 - Scope of application
2 - Conclusion of contract
3 - Right of revocation
4 - Prices
5 - Delivery, shipping costs
6 - Granting of rights of use for digital content
7 - Retention of title
8 - Set-off, right of retention
9 - Terms of payment
10 - Liability
11 - Final provisions and complaint procedure
1 Scope of application
For orders in the online store www.quiltwerke.com and for the business relationship between the operator of the online store Stefanie Troy (hereinafter "Provider" or "Operator") and the customer (hereinafter "Customer" or "Orderer" or "You"), the following General Terms and Conditions apply exclusively in their version valid at the time of the order. Deviating conditions from the customers side are not recognized, unless the provider expressly agrees to their validity in writing.
Our online shop is aimed exclusively at consumers. The customer is a consumer, insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
2 Conclusion of contract
The customer can select products from the assortment of the provider and collect them in a so-called shopping cart by clicking the button "ADD TO SHOPPING CART". The information on goods and prices within the ordering process are subject to change and not binding. Before submitting the order, the customer will be informed about the following details of the ordering process in a clear, understandable and highlighted manner:
* the products in the shopping cart including their essential characteristics,
* the total price of the goods including all price components as well as all taxes paid via the supplier, and
* delivery and shipping costs incurred, as well as an indication of any other taxes or costs that are not paid through or charged by the provider.
The customer can change and view the data required for shipping and payment at any time. Until the completion of the ordering process, the customer can change the contents of the shopping cart, the delivery address and the data for payment at any time. Before completing the order, the customer receives a final overview of his entered data and the order, so that he can recognize and change any input and typing errors.
By clicking the "BUY" button, the customer makes a binding offer to purchase the goods in the shopping cart (binding purchase offer).
However, the order application can only be submitted and transmitted if the customer has accepted these General Terms and Conditions, the provisions on data protection as well as the overview of the order and the associated costs by checking the box "Accept General Terms and Conditions" as a sign of his agreement and has thereby included them in his order application.
The purchased item is provided to the customer for download as an eBook (in PDF file format). A PDF is a file without copy protection. For this purpose, the provider shall send the customer a link to the email address provided by the customer. The link is available to the customer for download for at least one month. The provider reserves the right to deactivate the link after one month. The customer is therefore advised to carry out the download immediately.
In order to read the eBooks, the customer requires the appropriate reading software (Adobe Reader, available for Windows and Mac). With the help of the reading software, the customer can print out the eBook. The provision of the reading software itself is not a service obligation of the operator. Additional shipping costs do not apply. Any telecommunication charges incurred during the download are to be borne by the customer.
In the course of the ordering process, the customer must in any case provide his e-mail address in order to enable the conclusion of the contract and the delivery of digital content. Furthermore, it is possible to register in the online store by means of an e-mail address and a self-selected password in order to facilitate subsequent order processes and to be able to view the status of the current order at any time. The essential order information (contract content) for the respective orders is stored and can be viewed by the customer at any time under "My Account" in the sub-item "My Orders". The customer may not pass on the password required for ordering to third parties. In the event of disclosure, the customer shall also be liable for orders placed by the third party. The customer alone is responsible for any orders made with the password and any resulting claims.
3 Right of revocation
- Cancellation policy -
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which the contract was concluded.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a written statement (e.g. a letter or e-mail sent by post). Contact details:
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us (e.g. express delivery)), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of 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 for this repayment.
- End of the cancellation policy -
All prices stated on the website of the provider are total prices plus shipping costs. According to § 19 UStG (German) a sales tax is not charged and therefore not shown (small business status).
5 Delivery, shipping costs
Digital contents are delivered to the customer exclusively in electronic form by download or by e-mail.
6 Granting of rights of use for digital content
Unless otherwise stated in the description in the seller's online store, the seller grants the customer the non-transferable and non-sublicensable right to reproduce the item for personal use in the course of the production of the respective textile. No personal use and therefore prohibited are in particular any form of commercial production of the respective textile or the product (pattern) itself. Any utilization beyond this requires the prior written consent of the provider.
The customer is not allowed to edit or redesign the content, to reproduce, distribute, exhibit and/or publicly reproduce it unless the seller has expressly agreed in writing to a transfer of the contractual license to third parties. In particular, it is prohibited to make the article publicly accessible on the Internet or other networks.
7 Retention of title
Until full payment, the delivered goods remain the property of the provider.
8 Set-off, right of retention
The customer is only entitled to set-off rights if his counterclaims are legally established, undisputed or recognized by the provider.
The customer may only exercise a right of retention insofar as the counterclaim is based on the same contractual relationship.
9 Payment modalities
Payment for items ordered from the provider is made by direct debit/bank collection, GiroPay, PayPal or credit card. The provider reserves the right to accept other payment methods in individual cases.
Discount vouchers, promo codes, discount codes or other discounts (e.g. a voucher with a discount code, a newsletter bonus) can only be redeemed under the terms of the advertised promotion. Multiple discounts and discount vouchers cannot be combined. Discount vouchers shall be taken into account proportionately according to the respective product value.
Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
The restrictions of paragraphs 10.1 and 10.2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
The provisions of the Product Liability Act shall remain unaffected.
All instructions on the packaging, product manuals, instructions, inserts and other product information must be observed. No liability shall be assumed for any use and/or handling deviating therefrom.
11 Final Provisions and Complaint Procedure
Contracts between the supplier and the customers shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
The contract remains binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the legal provisions, if any, shall apply. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract shall, however, become ineffective as a whole.
The European Commission has provided a platform for online dispute resolution (OS). You can find this under the link http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.