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
