Terms and Conditions
General terms and conditions with customer information
Table of Contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of paymentn
- Delivery and shipping conditions
- Granting of usage rights for digital content
- Retention of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to certain specifications of the customer
- Redemption of campaign vouchers
- Redeeming gift vouchers
- Applicable Law
- Place of jurisdiction
- Alternative dispute resolution
These general terms and conditions (hereinafter "GTC") of modus intarsia (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the seller's online -Shop completes the goods shown. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed
These terms and conditions apply accordingly to contracts for the delivery of digital content, unless otherwise expressly stipulated
These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise
A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity
Digital content within the meaning of these GTC is all data that is not on a physical data carrier that is produced in digital form and provided by the seller with the granting of certain rights of use regulated more precisely in these GTC.
2. Conclusion of contract
The product descriptions contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer
The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller via email
The seller can 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 the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, whereby the customer receives the goods is decisive, or by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end 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 considered to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent
When submitting an offer via the seller's online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after his order has been sent. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data
Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process
Only German is available for the conclusion of the contract. 2.8
Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned with the order processing can be delivered.
3. Right of withdrawal
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.
4. Prices and terms of payment
Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description
The payment option (s) will be communicated to the customer in the seller's online shop
If prepayment by bank transfer has been agreed, the payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date
5. Delivery and shipping conditions
The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the seller's order processing is decisive. Deviating from this, when choosing the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive
If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the costs for the dispatch if the customer effectively exercises his right of withdrawal. For the return costs, if the customer effectively exercises his right of withdrawal, the provisions made in the seller’s cancellation policy apply
In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's headquarters after consultation with the seller. In this case no shipping costs will be charged
We, nor the mail order company, assume liability for goods that are sent uninsured and without a tracking document.
We reimburse a flat shipping fee of 5 € for a product volume of one kilo of raw wool.
The transfer of the credits for the raw wool sent in takes place at the end of the respective month. If you enter a valid email, an exactly itemized credit will be sent.
6. Granting of usage rights for digital content
Unless otherwise stated in the description of the content in the seller's online shop, the seller grants the customer the non-exclusive, spatially and temporally unlimited right to use the provided content exclusively for private purposes
A transfer of the content to third parties or the creation of copies for third parties outside the framework of these terms and conditions is not permitted, unless the seller has consented to the transfer of the contractual license to the third party
The granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The seller can provisionally allow the contractual content to be used before this point in time. A transfer of rights does not take place through such a provisional permit.
7. Retention of Title
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full
8. Liability for defects (warranty)
If the purchased item is defective, the provisions of statutory liability for defects apply. 8.2
The following applies to used goods: Claims for defects are excluded if the defect does not appear until one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the shortening of the liability period to one year does not apply
for items that have been used for a building in accordance with their normal use and have caused its defectiveness, for claims for damages and reimbursement of expenses by the customer, as well as in the event that the seller has fraudulently concealed the defect
The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
9. Special conditions for the processing of goods
according to certain specifications of the customer
If, according to the content of the contract, in addition to the delivery of the goods, the seller also owes the processing of the goods according to certain specifications of the customer, the customer must provide the operator with all the content required for processing such as texts, images or graphics in the file formats, formatting, image formats specified by the operator. and file sizes available and to grant him the necessary usage rights. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he ensures that no third party rights are violated, in particular copyrights, trademarks and personal rights
The customer exempts the seller from claims by third parties that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content. The customer also assumes the reasonable costs of the necessary legal defense including all court and lawyer costs in the statutory amount. 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 immediately, truthfully and completely provide the seller with all information necessary for the examination of the claims and a defense
The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or against morality. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and / or violence-glorifying content.
10. Redemption of campaign vouchers
Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that 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
Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher
Promotional vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible. 10.4
Only one campaign voucher can be redeemed per order. 10.5 <
The value of the goods must be at least equal to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller
If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference
The credit of a campaign voucher is neither paid out in cash nor is interest paid
The campaign voucher will not be reimbursed if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal
The campaign voucher is transferable. The seller can pay the respective owner who redeems the promotional voucher in the seller's online shop with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.
11. Redeeming Gift Certificates
Vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher
Gift vouchers and remaining balance of gift vouchers can be redeemed by the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date
Gift vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible. 11.4
Only one gift voucher can be redeemed per order. 11.5
Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers. 11.6
If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference
The balance of a gift voucher is neither paid out in cash nor is interest paid. 11.8
The gift voucher is transferable. The seller can, with discharging effect, make payments to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.
12. Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
13. Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or a special fund under public law with headquarters in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer's registered office.
14. Alternative Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved
The seller is not obliged to participate in a dispute settlement procedure before a consumer arbitration board, but is generally willing to do so.