General terms and conditions for the fluff-store webshop (“Shop GTC”), operated by Beate Dörsing
(The following shop terms and conditions also contain the information required by law on consumer rights in accordance with the provisions on contracts in distance selling and electronic business transactions, in particular the cancellation policy (see section 5)).
1.1 These shop terms and conditions apply to all contracts made by customers (“customer”, “you”) with Beate Dörsing, Spessartstrasse 24, 61352 Bad Homburg, Tel: +49 174 321805, email address: firstname.lastname@example.org about goods offered in the fluff-store.de webshop.
1.2 General terms and conditions of the customer that conflict with or deviate from the shop terms and conditions are not recognized without prior written consent.
1.3 Regulations that only apply to the benefit of consumers or only in business transactions are identified as such.
2. Contractual partners, requirements for using the fluff store web shop and customer service
2.1 The purchase contract is concluded with Beate Dörsing, Spessartstrasse 24, 61352 Bad Homburg, Germany.
2.3 For delivery by way of downloads, the customer must have suitable hardware and software as well as Internet access suitable for such downloads. It is up to the customer to ensure that he meets the necessary requirements.
3. Order process, conclusion of contract and reservation of withdrawal
3.1 In the fluff-store.de webshop you can get digital content. The term ‘product’ also used below is a generic term for digital content.
3.2 The products offered in the fluff-store.de webshop are subject to change and non-binding. In particular, they do not represent an offer in the legal sense.
If you have found an interesting product, you can select it without obligation by clicking the preview image and add it to the shopping cart by clicking on the shopping cart. The contents of the shopping cart can be viewed at any time by clicking the shopping cart button. The number of selected products can also be selected there by entering the desired quantity and clicking the change button. You can remove the selected products from the shopping cart at any time by clicking the delete button. The order process can be canceled at any time by closing the browser window. If you would like to buy the products in the shopping cart, the button “Proceed to checkout” must be clicked. After logging in or re-registering as a customer and selecting the payment method, there is an overview page where you can check your entries again and change them if necessary. The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. By clicking the “Buy” button, you are placing a binding order for the goods in the shopping cart.
3.3 The receipt of your order is confirmed immediately after it has been sent by an automated email (order confirmation). The order confirmation lists the details of the order, contains any consent and confirmation you may have given when purchasing digital content and provides information about these terms and conditions and the right of withdrawal. When the order confirmation is received, the purchase contract for digital content is concluded.
3.4 We save the contract text. The order data, any consent and confirmation you may have given when purchasing digital content and the terms and conditions will be sent to you by email in the order confirmation mentioned in Section 3.3. Please keep this email, as this is the only way to access the full text of the contract. You can also view the terms and conditions here at any time: fluff-store.de/agb. You can view past orders in your customer account as long as you have registered for the webshop.
3.5 If, after the conclusion of the contract, it turns out that, as an exception, the goods ordered are not available, fluff store is entitled to withdraw from the contract. In these cases the customer will be informed immediately and the purchase price – if already paid – will be refunded immediately.
4. Cost bearing agreement
If there is a right of withdrawal (see section 5 below) and the customer makes use of it, he must bear the costs of the return.
5. Right of withdrawal and consequences
5.1 Cancellation policy for digital content
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded.
In order to exercise your right of withdrawal, you must inform us (Beate Dörsing, Spessartstraße 24, 61352 Bad Homburg, Tel: +49 0174-321805, e-mail address: email@example.com) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
In the case of a contract for the delivery of digital content, the right of withdrawal expires if we have started to execute the contract after you have expressly agreed that we will start executing the contract before the withdrawal period has expired and you have confirmed your knowledge that If you give your consent at the beginning of the execution of the contract, you lose your right of withdrawal.
End of revocation
5.2 Withdrawal form
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To: Beate Dörsing, Spessartstraße 24, 61352 Bad Homburg, Germany; Tel: +49 174 321805, e-mail address: firstname.lastname@example.org
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*):
- Ordered on (*) / received on (*):
- Name of the consumer:
- Address of the consumer:
- Signature of the consumer (only if this is notified on paper):
(*) Delete where inapplicable
6.1 The prices stated on the product pages include the statutory value added tax.
6.2 The prices mentioned do not include the costs that the customer may incur for Internet use (download time or download volume). These can be obtained from the respective provider.
7. Payment terms
7.2 In principle, the following payment methods are available to pay for goods purchased in the fluff store webshop:
- bank transfer
- Credit card
- Sofort banktransfer
7.3 For payments from abroad, please ensure that all fees are borne by you.
7.4 You are only entitled to offset if your counterclaims have been legally established by a court or are undisputed or have been acknowledged by us in writing.
7.5 You can only exercise a right of retention if the claims result from the same contractual relationship.
8. Download provision
8.1 Deliveries of digital content via download are made available to the customer as a link in his customer account after the order confirmation email has been sent and payment has been received.
8.2 The link is available to the customer in his customer account in the order history for a basically unlimited period of time. However, Fluff store reserves the right to deactivate the link after a certain period of time, but at the earliest one month after provision. Customers are therefore advised to carry out the download immediately.
9. Rights of use
9.1 The patterns offered in the fluff-store webshop are protected by copyright and / or commercial property rights.
9.2 When purchasing a pattern by means of downloading it, fluff store does not provide the customer with ownership. Rather, by making it available for download, fluff store grants the customer a simple, non-transferable and non-sublicensable right – if applicable, subject to condition precedent in Section 11.1 – to reproduce the pattern by way of the production of the respective textile for personal use. No personal use and therefore prohibited in particular commercial or industrial production of the respective textile. In addition, the customer is not permitted – apart from acts of use permitted under the copyright law – to edit or redesign, reproduce, distribute, display and / or publicly reproduce the cutting pattern obtained through the download. In particular, it is forbidden to make the pattern publicly accessible on the Internet or in other networks. Imitation of the work is also prohibited.
9.3 In order to counteract the misuse of their patterns or to make such misuse identifiable and traceable, fluff store reserves the right to add digital watermarks to the file during the download, with which each download process can be recorded individually. In order to adequately protect your copyrights, fluff store reserves the right to use this and additional information to take action against unauthorized acts of use under civil and criminal law.
10. Granting of usage rights and retention of title subject to condition precedent
10.1 In the case of a delivery by way of a download, the granting of the rights of use in accordance with Section 9 subject to the condition precedent of full payment of the respective order.
11.1 Unless otherwise agreed below, the warranty is based on the statutory provisions.
11.2 In the course of business transactions, we have the choice between remedying the defect or delivering a defect-free item for subsequent performance.
11.3 In commercial business, the limitation period for claims due to defects is one year from the start of the statutory limitation period.
12. Limitation of Liability
12.1 fluff store is not liable for damage caused by the improper execution of tips and instructions in the patterns, by improper handling of materials in the manufacture of textiles and / or by the improper use of the textiles produced according to the patterns.
13. Final provisions
13.1 Handelt es sich beim Kunden um einen Kaufmann im Sinne des Handelsgesetzbuches oder eine Körperschaft des öffentlichen Rechts, ist ausschließlicher Gerichtsstand und Erfüllungsort für Lieferungen und Zahlungen Frankfurt. Ausschließlicher Gerichtsstand ist Frankfurt auch dann, wenn der Kunde Verbraucher ist und keinen Wohnsitz in der Europäischen Union hat.
13.2 German law applies to the legal relationship between fluff store and the customer, excluding the UN sales law and international private law. In dealings with consumers, the law at the consumer’s place of residence is applicable, provided that there are mandatory consumer law provisions that are advantageous for him.