Terms of service

Conditions

General terms and conditions and customer information 

  1. Terms of Service 
  • 1 Basic provisions 

(1) The following terms and conditions apply to contracts that you enter into with us as a supplier (YarnSustain Schönrock Uhl) via the website www.modusintarsia.com, www.chiengora-official.com. Unless otherwise agreed, the inclusion of your own terms and conditions is contradicted. 

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity. 

  • 2 Conclusion of the contract 

(1) Subject of the contract is the sale of goods . 

(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract for the online shopping cart system under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows: 

The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. 

After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview. 

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be directed to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system. 

If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop. 

Before submitting the order, you have the option to check the information in the order overview again, to change it (also via the "back" function of the internet browser) or to cancel the order. 

By submitting the order via the appropriate button ("buy" or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded. 

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters. 

  • 3 Conclusion of the contract for download products 

(1) The subject of the contract is the sale of download products (digital content that is not delivered on a physical data carrier). 

As soon as the respective download product is posted on our website, we are submitting a binding offer to conclude a contract for the online shopping cart system under the conditions specified in the item description. 

(2) The contract is concluded via the online shopping cart system as follows: 

The download products intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data and the terms of payment, the order data is then displayed as an order overview. 

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system. 

If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop. 

Before submitting the order, you have the option to check the information in the order overview again, to change it (also via the "back" function of the internet browser) or to cancel the order. 

By submitting the order via the appropriate button ("buy" or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded. 

(3) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters

  • 4 Usage license for download products 

(1) The download products offered are protected by copyright. You will receive a simple license for every download product purchased from us, unless otherwise stated in the respective offer. 

(2) The simple usage license includes the permission to save and / or print out a copy of the download product for your personal use on your computer or other electronic device. 

You are prohibited from making any further copies. You are expressly forbidden to change or edit a file or parts of it and to make it privately or commercially available to third parties in any way.

  • 5 Individually designed goods 

(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email at the latest immediately after the conclusion of the contract. Our possible specifications on file formats must be observed. 

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us from all third party claims asserted in this context. This also applies to the costs of the legal representation required in this context. 

(3) We do not check the transmitted data for correctness and in this respect accept no liability for errors. § 6 Special agreements on the payment methods offered 

(1) Payment via Klarna 

In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna: 

Instant bank transfer: Available in Germany. Your account will be debited immediately after you have placed your order. 

You can find more information and Klarna's terms of use here. You will receive general information about Klarna here. Klarna will process your personal details in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy treated. 

You can find more information about Klarna here. You can find the Klarna app here

  • 7 Right of retention, reservation of title 

(1) You can only exercise a right of retention if it involves claims from the same contractual relationship. (2) The goods remain our property until the purchase price has been paid in full. 

(3) If you are an entrepreneur, the following also applies: 

  1. a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or security transfer is not permitted. 
  2. b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves. 
  3. c) When combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. 
  4. d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility. 
  • 8 Warranty 

(1) The statutory warranty rights apply. 

(2) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims. 

(3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations: 

  1. a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer. 
  2. b) In the event of defects, we guarantee, at our option, either repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or other circumstances. In the event of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods. 
  3. c) The warranty period is one year from date of delivery. The shortening of the deadline does not apply: 

- culpably caused damage attributable to us from injury to life, limb or health and other damage caused intentionally or through gross negligence; 

- as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item; - for things that have been used for a building in accordance with their normal use and have caused its defectiveness; 

- In the case of legal recourse claims that you have against us in connection with warranty rights. § 9 Choice of law, place of performance, place of jurisdiction 

(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).

(2) The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, legal entity under public law or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected. 

(3) The provisions of the UN sales law expressly do not apply. 

  1. Customer information 
  2. Identity of the seller 

YarnSustain Schönrock Uhl 

Schurwaldstrasse 44 

70186 Stuttgart 

Germany 

Phone: +4915759130214 

Email: franzi@modusintarsia.com 

Alternative dispute resolution: 

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr

  1. Information on the formation of the contract 

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the "Conclusion of the contract" provisions of our general terms and conditions (Part I.) 

  1. Contract language, contract text storage 

3.1. Contract language is German. 

3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance sales contracts and the general terms and conditions will be sent to you again by email. 

  1. Essential characteristics of the goods or services 

The essential characteristics of the goods and / or services can be found in the respective offer. 

  1. Prices and payment methods 

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all taxes. 

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised. 

5.3. If the delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you. 

5.4. Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases in which the delivery is made to an EU member state, but the payment has been initiated outside the European Union. 

5.5. The payment methods available to you are shown under a corresponding button on our website or in the respective offer. 

5.6. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately. 

  1. delivery terms 

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer. 

6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise appointed to carry out the shipment. 

If you are an entrepreneur, delivery and dispatch are at your own risk.

  1. Statutory warranty law 

The liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I). 

These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, see: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb service

last update: 27.10.2020