1. Scope of Application
2. Offers and Service Descriptions
3. Ordering Process and Conclusion of Contract
4. Prices and Shipping Costs
5. Delivery, Product Availability
6. Payment Terms
7. Retention of Title
8. Warranty for Defects and Guarantee
9. Liability
10. Storage of Contract Text
11. Final Provisions
1. Scope of Application
1.1. For the business relationship between schnittchen patterns Owner: Silke Türck, Eng]schalkinger Straße 264, 81927 Munich (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer"), only the following General Terms and Conditions in their version valid at the time of the order apply.
1.2. You can reach our customer service for questions, complaints, and objections on weekdays at the email info@schnittchen.com
1.3. A consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to either their commercial or their independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. Offers and Service Descriptions
The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to submit an order. Service descriptions in catalogs as well as on the seller's websites do not have the character of a promise or guarantee.
All offers are valid "while supplies last," unless otherwise noted for the products. Errors are reserved.
3. Ordering Process and Conclusion of Contract
3.1. The customer can select products from the seller's range non-bindingly and collect them in a so-called shopping cart via the "Add to Cart" button. Within the shopping cart, the product selection can be changed, e.g., deleted. The customer can then proceed to complete the ordering process within the shopping cart by clicking the "Proceed to Checkout" button.
3.2. By clicking the "Buy" button, the customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time and can return to the shopping cart using the browser function "back" or cancel the ordering process altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt via email, in which the customer's order is listed again and which the customer can print using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller dispatches the ordered product to the customer within 2 days, hands it over, or confirms the dispatch to the customer within 2 days with a second email, explicit order confirmation, or sending the invoice.
3.4. If the seller allows advance payment, the contract is concluded with the provision of the bank details and payment request. If payment is not received by the seller by a date of 10 calendar days after sending the order confirmation, despite being due and after a renewed request, the seller withdraws from the contract, resulting in the order being void and the seller having no delivery obligation. The order is then completed for the buyer and seller without further consequences. An item reservation for advance payments is therefore only valid for a maximum of 10 calendar days.
4. Prices and Shipping Costs
4.1. All prices listed on the seller's website include the applicable statutory value-added tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, Product Availability
5.1. If advance payment is agreed, delivery will take place after receipt of the invoice amount.
5.2. If the delivery of the goods fails due to the buyer's fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3. If the ordered product is not available because the seller is not supplied with this product by their supplier without their own fault, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and may suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will refund any services already rendered to the customer immediately.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g., restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment Terms
6.1. The customer can choose from the available payment methods during and before completing the ordering process. Customers will be informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third parties are commissioned with payment processing, e.g., Paypal, their General Terms and Conditions apply.
6.4. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not exclude the assertion of further default damages by the seller.
6.6. The customer has the right to offset only if their counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention to the extent that the claims arise from the same contractual relationship.
7. Retention of Title
Until full payment has been made, the delivered goods remain the property of the seller.
8. Warranty for Defects and Guarantee
8.1. The warranty is determined by statutory provisions.
8.2. A guarantee exists for the goods supplied by the seller only if it has been expressly given. Customers will be informed about the guarantee conditions before initiating the ordering process.
9. Liability
9.1. For liability of the seller for damages, the following exclusions and limitations of liability apply, without prejudice to other statutory requirements for claims.
9.2. The seller is liable without limitation if the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent violation of essential obligations, the violation of which endangers the achievement of the contractual purpose, or for the violation of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, typical contractual damage. The seller is not liable for the slightly negligent violation of other obligations than those mentioned in the preceding sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, body, and health, for a defect after assuming a guarantee for the quality of the product, and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
10. Storage of Contract Text
10.1. The customer can print the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the email address provided by them. With the order confirmation, but at the latest upon delivery of the goods, the customer also receives a copy of the GTC along with the cancellation policy and information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your placed orders in your profile area. Furthermore, we store the contract text but do not make it accessible on the internet.
11. Final Provisions
11.1. The place of jurisdiction and fulfillment is Munich.
11.2. The language of the contract is German.
11.3. Platform of the European Commission for Online Dispute Resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obligated to participate in a dispute resolution procedure before a consumer arbitration board.