Right of withdrawal
Prices and payment conditions
Delivery and shipping conditions
Granting of rights of use for digital content
Retention of title
Liability for defects (warranty)
Refund of promotional vouchers
Alternative dispute resolution
1) Scope of application
1.1 These General Conditions (hereafter "EP") of Victoria Magdalena Curelariu, negotiated with "Embroidery-project" (hereafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (of following "Customer") with the seller regarding the goods presented by the seller in his online store. We hereby object to the inclusion of the customer's conditions, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of digital content, unless otherwise specified.
1.3 A consumer within the meaning of these General Conditions is a natural person who concludes a legal transaction for purposes that cannot be largely attributed to his independent commercial or professional activity. The entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal company that acts during a legal transaction in the exercise of its commercial or independent activity.
1.4 Digital content within the meaning of these terms and conditions is all data that is not found on a physical data medium, which is produced in digital form and is provided by the seller granting certain rights of use which are more precisely regulated in these terms and conditions.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop are not binding offers by the seller, but are used to present a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected products in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer in relation to the products contained in the shopping cart by clicking on the button that concludes the ordering process.
2.3 The seller can 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), for which the receipt of the order confirmation by the customer is decisive, or
delivering the ordered goods to the customer, for which access of the goods to the customer is decisive, or
asking the customer to pay after placing the order.
If several of the alternatives mentioned above are available, the contract is concluded when one of the alternatives mentioned above occurs first. The offer acceptance period begins on the day after the offer is sent by the customer and ends at the end of the fifth day after the offer is sent. If the seller does not accept the customer's offer within the aforementioned period, this is considered as a refusal of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 When sending an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order along with these terms and conditions. In addition, the contract text is stored on the seller's website and can be recalled free of charge by the customer via his password-protected customer account, providing the relevant access data, provided that the customer has created a customer account in the online store of the seller before submitting your order.
2.5 Before the binding submission of the order through the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 Only the English language is available for the conclusion of the contract.
2.7 Orders are processed and contacted usually by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the 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 in charge of processing the order can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal is available in the seller's cancellation policy.
4) Prices and payment conditions
4.1 Unless otherwise indicated in the seller's product description, the prices shown are total prices. There is k in the recognition of taxes, as the seller classified according to § 19, par. 1 the VAT is. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 Payment options will be communicated to the customer in the seller's online shop.
4.3 If the advance payment has been agreed by bank transfer, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery and shipping conditions
5.1 The delivery of the goods takes place on the road to the delivery address indicated by the customer, unless otherwise agreed. During the transaction processing, the delivery address specified in the seller's order processing is decisive.
5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has announced the service with a reasonable advance. Furthermore, this does not apply to shipping costs if the customer actually exercises his right of withdrawal. If the customer actually exercises the right of withdrawal, the return shipping costs are governed by the rules set out in the seller's cancellation policy.
5.3 Withdrawal is not possible for logistical reasons.
5.4 The digital content is provided to the customer only in electronic format as follows:
6) Granting of rights of use for digital content
6.1 Unless otherwise indicated in the description of the content in the seller's online shop, the seller guarantees the customer the non-exclusive, local and temporally unlimited right to use the content provided for private and commercial purposes.
6.2 Transmission of the content to third parties or making copies for third parties outside the scope of these terms and conditions is not permitted unless the seller has agreed to transfer the contractual license to third parties.
6.3 The granting of rights becomes effective only when the customer has paid the contractually owed remuneration in full. The seller may also temporarily allow you to use the contractual content before this time. This temporary permit does not involve a transfer of rights.
7) Retention of title
If the seller makes advance payments, he retains the title of the delivered goods until the purchase price due has been fully paid.
8) Liability for defects (warranty)
8.1 If the purchased item is defective, the provisions of the legal liability for defects apply.
8.2 The customer is invited to submit a complaint to the courier for the goods delivered with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
9) Refund of promotional vouchers
9.1 Vouchers issued free of charge by the seller as part of promotions with a specific validity period and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.
9.2 Individual products can be excluded from the voucher campaign if there is a corresponding restriction in the content of the campaign voucher.
9.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent compensation is not possible.
9.4 When ordering, several promotional vouchers can be redeemed.
9.5 The value of the goods must correspond at least to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.6 If the value of the promotional voucher is not sufficient to cover the order, you can select one of the other payment methods offered by the seller to pay the difference.
9.7 The credit for a promotional voucher is neither paid for in cash nor for interest.
9.8 The promotional voucher will not be refunded if the customer returns the goods fully or partially paid for with the promotional voucher as part of his legal right of withdrawal.
9.9 The promotional voucher is intended for use only by the person indicated on it. A transfer of the campaign voucher to third parties is excluded. The seller has the right, but not the obligation, to verify the material right of the respective voucher holder.
10) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships of the parties, excluding the laws on the international purchase of movable property. For consumers, this choice of law applies only to the extent that the protection granted is not revoked by the mandatory provisions of the law of the state in which the consumer is habitually resident.
11) Alternative dispute resolution
11.1 The European Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform acts as a contact point for out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.
11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.