Terms & Conditions
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Granting of rights of use for digital contents
- Retention of title
- Liability for defects (warranty)
- Applicable law
- Alternative dispute resolution
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter „Terms and Conditions“) of Marion Schlenzka, trading as Marion Schlenzka Designs (hereinafter „Seller“), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter „Customer“) with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC shall apply accordingly to contracts for the delivery of digital content, unless otherwise expressly agreed.
1.3 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.4 Digital content within the meaning of these GTC is all data that is not on a physical data carrier, which is produced in digital form and provided by the seller under the granting of certain rights of use regulated in more detail in these GTC.
2. conclusion of contract
2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may 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 shall be decisive, or
by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends 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 shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.5 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller’s online store before sending his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before bindingly placing the order via the Seller’s online order form, the Customer may recognize 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 magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contacting usually take 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 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 by the seller to process the order can be delivered.
When purchasing digital knitting instructions and e-books, the product will be made available to the buyer as a PDF download from Ravelry LLC (www.ravelry.com) immediately after the payment process is completed. If the buyer has a member account on Ravelry, this PDF download can be saved in the personal library for an unlimited time.
3. right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the Seller’s cancellation policy.
4. Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller’s online store.
4.3 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5. Delilvery and shipping conditions
5.1 The delivery of goods shall be made by shipping 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 shall be decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event of an effective exercise of the right of revocation by the Customer, the provision made in this respect in the Seller’s revocation instructions shall apply to the return costs.
5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.4 Self-collection is not possible for logistical reasons.
5.5 Digital content shall be provided to the customer exclusively in electronic form as follows: – by e-mail
6. granting of rights of use for digital content
6.1 Unless otherwise stated in the DeepL description in the Seller’s online store, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the ceded content exclusively for private purposes.
6.2 The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed in writing to a transfer of the contractual license to the third party.
6.3 The granting of rights shall only become effective when the Customer has paid the contractually owed remuneration in full. A provisional use of the contractual content before this point in time is not permitted.
7. retention of title
If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
8. liability for defekts (Warranty)
8.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
8.2 If the Customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
9. Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10. Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a seller.
10.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.