Dieser Beitrag ist auch auf Deutsch vorhanden.
Section 1 – Vendor, inclusion by reference of the General Terms and Conditions
(1) The vendor and contracting party for the merchandise presented in the online shop „Näh-Connection“ on the website www.naeh-connection.com/shop is Annika Ferk, Eisenmannstraße 9, 87730 Bad Grönenbach, Germany, Phone 0049-(0)8334-5344288, E-Mail firstname.lastname@example.org (referred to hereinbelow as the “Vendor“ for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Vendor and the respective customer. The Vendor hereby objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.
Section 2 – Merchandise offered and conclusion of contract
(1) The Vendor is offering the digital content (patterns for sewing and eBooks) presented in the online shop for sale. The colors of the articles shown on the website may vary slightly depending on the internet browser and monitor settings used by customers; these variations are technically unavoidable.
(2) The offered articles are sold to the customer solely for personal use. The customer has no right to use the patterns and eBooks for commercial purposes and to reproduce them. In any case the transfer of title and usufruct shall be required in writing.
(3) The selection of merchandise, conclusion of contract and implementation of the agreement shall take place, to the selection of the customer, in German.
(4) The Vendor shall deliver the merchandise to destinations worldwide.
(5) Customers shall select the merchandise desired by placing it in their “Cart” by clicking on the button “Add to Cart“ („In den Warenkorb“). The customer termintes his selction of the merchandise by clicking the button “Proceed to Checkout” (“Weiter zur Kasse”). The order will be conclusively placed with the Vendor by clicking on the button “Order Now” or by the button “Buy Now!” (“Jetzt kaufen!”). Until the order is transmitted to the Vendor, customers have the opportunity to review, at any time, the data they have input when placing the order, to modify them or to completely discontinue the order.
(6) The Vendor is making a binding sales offer for the merchandise presented in its shop. By transmitting the order using the button “Buy Now!” (“Jetzt kaufen!”), the customer accepts the sales offer. The Vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).
(7) The content of the contracts concluded is stored by the Vendor and send to the customer by e-mail with the contract confirmation. Furthermore there will not be any more storage of the content of the contract. The customer is adviced to store the e-mails of the vendor containing the offer and the contract confirmation for his own documentation and/or print a copy ot them.
(8) The Vendor shall inform the customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance.
Section 3 – Prices and payment
(1) All product prices are end prices in Euro including turnover tax (VAT, Umsatzsteuer).
(2) The Vendor does not charge any shipping costs. The reception of digital content requires that the customer has an email address and an internet connection. The vendor points out that the customer’s e-mail and/or network supplier may charge the customer extra costs for the data reception; the vendor has no means of influencing them.
(3) Where deliveries are made to countries outside the European Union customs or acquisition tax for imported goods may have to be paid by the customer to the customs authorities upon receipt of the shipment. These duties will accrue in addition to the purchase price and the shipping costs; the Vendor has no means of influencing them.
(4) The Vendor shall deliver the merchandise – at the selection of the customer – against pre-payment by using a Näh-Connection gift voucher or PayPal:
(a) For payments using a gift voucher code, the customer may enter a voucher code when placing the order. The voucher value will be credited to the vendor, and in this way the invoice amount will have been paid for. If a voucher value is higher than the invoice amount, the customer will receive a new voucher in the amount of the excess amount to the address specified in the order by e-mail. The credit out of vouche will neither be paid out in cash nore will it bear interest. A voucher is transferable. The customer can only use one gift voucher per purchase. A subsequent offsetting is not possible. Further conditions are defined on the voucher.
(b) Where the customer has selected “Bank Transfer” as the form of payment, the Vendor’s bank account details will be provided within the contrat confirmation e-mail. Exclusively transfers denominated in Euros and free of charge for the Vendor shall be accepted for bank transfers from abroad.
(c) Where the customer has selected “PayPal” as the form of payment he will connect to the PayPal online service, from where payment can be made subsequently.
(5) For orders subject to pre-payment, a payment period of 14 days from the the rceipt of the contract confirmation shall apply. For the term of the payment period, the Vendor shall reserve the merchandise so ordered for the customer. It is incumbent on the customer to effect payment in such timely manner that the Vendor receives it within the payment period. The Vendor reserves the right to rescind the sale contract and to sell the merchandise to others should the payment not be received by the end of the payment period. Any payment received from the customer following the rescission of the contract shall be reimbursed to the customer.
Section 4 – Download of digital content
(1) The customer will receive a download-link to the bought and paid digital content. The reception of digital content requires that the customer has an email address and an internet connection. The vendor points out that the customer’s e-mail and/or network supplier may charge the customer extra costs for the data reception; the vendor has no means of influencing them.
(2) If the customer expressly consents that the contract shall be performed already before expiration of the withdrawal period and the customer acknowledges that he thereby loses his right of withdrawal, the vendor shall deliver the digital content within three business days after payment ist made; if the customer states that he buys as entrepreneur, the forementioned delivery period shall apply regardless of such acknowledgement. In all other cases, the vendor shall deliver the digital content within three business days after payment is made, but not before 17 days after conclusion of the contract have elapsed.
(3) Where the customer has selcted “PayPal” as the form of payment he will be redirected to the respective download page having completed the payment process and can perform the download there. The vendor also sends directly after the payment an e-mail to the customer which concludes all the details and the link to the respective download page. Here he can download the digital content. It is the customer`s obligation to ensure that the he can access the e-mail address input in the course of his purchase.
Section 5 – Right of withdrawal for consumers
(1) A customer purchasing as consumer is entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(2) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence outside of Germany also in those cases in which the consumer’s national law does not provide for a right of withdrawal or provides for a shorter withdrawal period or for stricter requirements as to form.
(3) The right of withdrawal expires, if the performance of the contract has begun with the the customer`s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.
Section 6 – Warranty, defect liability
All warranty claims (liability for defects) of the customer shall be governed by the statutory regulations.
Section 7 – Final provisions
(1) The Vendor shall collect and process the data input by customers in the course of their purchase for the purpose of processing the contract and performing in accordance with same. More Informations on data protection can be reviewed under „Privicy Policy“ in the onlineshop. The controller of data protection is the vendor referred to in section 1 paragraph 1.
(2) To the extent a customer uses the services of PayPal for payment, the data protection provisions established by PayPal shall apply to the payment process. In this context, PayPal shall be taking action as the person employed by the customer in the performance of their obligations (Erfüllungsgehilfe), not as a person so employed by the vendor.
(3) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(4) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.
(5) The vendor is not obliged nor committed to use alternative dispute entities to resolve disputes with consumers.