General terms and conditions with customer information

Table of contents

1.="" <="" span="">Scope

2.="" <="" span="">conclusion="" of="" contract

3.="" <="" span="">right="" of="" withdrawal

4.="" <="" span="">prices="" and="" terms="" of="" payment<="" span="">

5.="" <="" span="">Delivery and shipping conditions

6.="" <="" span="">Granting of usage rights for digital content

7.="" <="" span="">retention="" of="" title

8.="" <="" span="">Liability for defects (warranty)

9.="" <="" span="">Special conditions for the processing of goods according to specific customer specifications

10.="" <="" span="">Redeeming promotional vouchers

11.="" <="" span="">redeeming="" gift="" vouchers

12.="" <="" span="">applicable="" law

13.="" <="" span="">place="" of="" jurisdiction

14.="" <="" span="">Alternative Dispute Resolution

1. Scope

1.1. 

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") has with the Seller with regard to the seller in his online -Shop completes illustrated goods. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.


1.2These General Terms and Conditions shall apply accordingly to contracts for the delivery of digital content, unless expressly agreed otherwise.


1.3These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly regulated.


1.4A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. 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.


1.5Digital content within the meaning of these terms and conditions is all data that is not on a physical data carrier, which is produced in digital form and made available by the seller under the granting of certain rights of use that are more precisely regulated in these terms and conditions.


2. Conclusion of contract


2.1The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.


2.2The customer can submit the offer via 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 contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail 


2.3The 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), in which case the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or by asking the customer to pay after placing his order. <="" span="">If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer 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 deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.


2.4If you select the payment method "PayPal Express", the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the validity of PayPal -Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, he/she also issues a payment order to PayPal by clicking the button that concludes the ordering process. <="" span="">When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.


2.6Before submitting a binding 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 display 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 on the button that concludes the ordering process.


2.7Only the German language is available for the conclusion of the contract.


2.8The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing 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 to process the order can be delivered.


3. Right of Withdrawal

3.1Consumers are generally entitled to a right of withdrawal.


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


4. Prices and terms of payment


4.1Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.


4.2The payment option(s) will be communicated to the customer in the seller's online shop.


4.3If prepayment 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.


4.4When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the validity of PayPal -Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.


5. Terms of delivery and shipping


5.1Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, when selecting the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.


5.2If the transport company sends the shipped 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 to him a reasonable time in advance would have. Furthermore, this does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.


5.3In the case of self-collection, the seller first informs the customer by e-mail that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods at the seller's registered office after consultation with the seller. In this case, no shipping costs will be charged.


5.4For goods sent uninsured, without proof of tracking, neither we nor the mail order company assume liability. <="" span="">We will reimburse a shipping fee of €5 for a product volume of one kilogram of raw wool.


The credit notes for the submitted raw wool are transferred at the end of the respective month. If a valid e-mail is provided, an exactly itemized credit note will be sent.


6. Grant of Use Rights for Digital Content


6.1Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer the non-exclusive, local and temporally unrestricted right to use the content provided exclusively for private purposes.


6.2A transfer of the content to third parties or the creation of copies for third parties outside the scope of these terms and conditions is not permitted unless the seller has agreed to a transfer of the contractual license to the third party.


6.3The granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The seller can provisionally allow the use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission.


7. Retention of Title

If the seller pays in advance, he retains title to the delivered goods until the purchase price owed has been paid in full.+


8. Liability for Defects (Warranty)


8.1If the purchased item is defective, the provisions of statutory liability for defects apply.


8.2Notwithstanding this, the following applies to used goods: Claims for defects are excluded if the defect only occurs 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, reducing the liability period to one year does not apply for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness, for claims for damages and reimbursement of expenses by the customer, and in the event that the seller has fraudulently concealed the defect.


8.3The customer is asked to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.


9. Special conditions for the processing of goods according to specific customer specifications


9.1If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the customer, the customer must provide the operator with all content required for processing such as texts, images or graphics in the file formats, formatting, image and file sizes and to grant him the necessary rights of use. The customer is solely responsible for the procurement and the acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.


9.2The customer indemnifies the seller against third-party claims that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney's fees 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 provide the seller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.


9.3The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.


10. Redeeming Promotional Vouchers


10.1Vouchers that are issued free of charge by the seller as part of promotions with a specific 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 in the specified period.10.2

Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.


10.3. 

Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.10.4

Only one promotional voucher can be redeemed per order.10.5<

The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.


10.6. 

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


10.7. 

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


10.8. 

The campaign voucher will not be refunded 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.


10.9. 

The promotional voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.


11. Redeeming Gift Certificates


11.1. 

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 in the voucher.


11.2. 

Gift vouchers and remaining balances of gift vouchers can be redeemed up to the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the customer by the expiration date.


11.3. 

Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting 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 further gift vouchers.


11.6. 

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


11.7. 

The balance of a gift voucher is neither paid out in cash nor does it earn interest.


11.8. 

The gift voucher is transferrable. The seller can pay with discharging effect 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, the legal incapacity or the lack of the right to represent the respective owner.


12. Governing 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. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.


13. Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer has his registered office 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 arising 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 appeal to the court at the customer's registered office.


14. Alternative Dispute Resolution


14.1. The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.


14.2. The seller is not obliged to participate in a dispute settlement procedure before a consumer arbitration board, but is generally willing to do so