General Terms and Conditions
§ 1 Coverage
(1) These General Terms and Conditions (hereafter: GTC) apply for everything about our online shop on the internet platform dawanda.com concluded between us,
Patternforkids
Ms. Alessia Altimari
Schlehenrain 12
79108 Freiburg
and you as our customers. The GTC apply, independent of whether you are a consumer, company, or merchant.
(2) The customer is the consumer, as long as the purpose of the ordered deliveries and services can not be attributed to commercial or independent professional activity. However, the employer is any natural or legal person or partnership with legal capacity that acts at their commercial or professional capacity at the conclusion of the contract.
(3) Everything between you and us in connection with the sales contract agreements made results in particular with our written confirmation and declaration of acceptance of these terms and conditions.
(4) In each case, whichever is the valid version of the GTC at the conclusion of the contract is decisive.
(5) We do not accept other terms and conditions from the customer. This also applies if we inexplicitly contradict the inclusion.
§ 2 Conclusion of the Contract
(1) The GTC from etsy.com are on www.etsy.com
Separately from this, the presentation and application of items in our online shop does not present a binding offer for the conclusion of a sales contract.
(2) The customer can select from our assortment of products and collect these in a so-called shopping cart by clicking on the button “add to cart.” The customer can proceed with the order by clicking the button “proceed to checkout”; to this they must register on etsy.com with the appropriate profile. After the selection and data of the delivery address as well as the payment type, the customer can continue the order with the button “review order.”
On the “Finalize order and pay’’ button, a binding contract for the purchase of the processed goods in the cart is delivered. Before the sending of the order the customer can change and revise the information at any time; it is also alluded to the inclusion of our GTC.
(3) After the conclusion of the order we thereupon send you an automatic confirmation of receipt via email in which your order is once again listed. The automatic confirmation of receipt merely documents that we received your order and does not constitute acceptance of the request. The contract is not accepted until our declaration of acceptance with a separate email (order confirmation) is sent. The conclusion of the contract can also be conducted by the dispatch of the appropriate download link.
(4) Should the delivery of your ordered goods not be possible, i.e. because the appropriate goods are not in stock, we shall refrain from sending a notice of acceptance. In this case a contract will not be formed. We will inform you immediately and will refund any payments already made.
(5) If a specific product in your order is temporarily unavailable, we will immediately inform you in the acceptance of order. With a delivery delay of more than two weeks you have the right to withdraw from the contract. Apart from that, we are also authorized to dispense the contract in this case. Here we will possibly refund payments that were already made immediately.
§ 3 Right of withdrawal
If you are the consumer - and the right of withdrawal has not expired under § 356 clause 5 Code of Civil Law - you are entitled to withdrawal in accordance with the legal provisions.
Withdrawal instruction
Right of withdrawal
You have the right to withdraw within fourteen days without giving any information on this contract. The withdrawal period is fourteen days from the day of the conclusion of the contract.
In order to carry out your right of withdrawal, you must inform us
Patternforkids
Ms. Alessia Altimari
Schlehenrain 12
79108 Freiburg
Email: mail@patternforkids.com
by means of a clear explanation (i.e. a sent letter via the post, telefax, or email) about your decision to withdraw. You can use the included sample withdrawal form, but it is not mandatory.
To ensure the observation of the period of withdrawal, it is sufficient that you send the message about exercising your right of withdrawal before the process of the period of withdrawal.
Effects of Withdrawal
If you withdraw from this contract, we have all the payments that we have received including the delivery costs (with the exception of additional costs arising from the fact that you have chosen another form of delivery than our least expensive standard delivery offered by us), will be refunded without delay and at the latest within fourteen days from the day when the notice about your withdrawal of this contract is received by us. For this refund we use the same means of payment that you have used in the original transaction, unless something else was explicitly arranged with you; you will never be charged fees for such reimbursements.
§ 4 Conditions of delivery/prepaid reservation
(1) With payment in advance, the delivery of goods happens within five working days (Monday through Friday, holidays excluded) after the issuance of the payment order by the reviewed credit institute, such as for other types of payment after the conclusion of the contract.
(2) Where no other deadline is given in the article description or the sending information for your order of eBooks, i.e. PDF-data (digital goods), we deliver a download link via email within 24 hours after the conclusion of the contract.
(3) With orders of goods from customers with living or business locations in a foreign country or with justified evidence for a risk of non-payment we reserve the right to deliver first after the receival of the purchase price together with delivery costs (prepaid reservation). In case we utilize the prepaid reservation we will inform you immediately. In this case, the delivery is within five working days (Monday through Friday, holidays excluded) after the receival of the purchase price and necessary incidental shipping costs from our account.
§ 5 Prices and shipping costs
(1) All prices in our online shop are final and do not include applicable shipping costs. Due to the small business pursuant under § 19 Value Added Tax Act we do not impose any sales tax and therefore also do not display it.
(2) The shipping costs are added to our prices in our online shop. The price, including sales tax and incidental shipping costs, will also be shown in the order form before you submit the order.
No shipping costs are incurred for the shipment of eBooks and PDF-data.
(3) When we complete your order through partial shipments under § 4 clause 1, only the shipping costs of the first partial delivery are incurred. If the partial shipments are your preference, we charge for every partial shipment’s shipping costs.
(4) The shipment of goods are shipped via the post. The provider is responsible for the shipment risks, when the customer is a consumer.
§ 6 Payment conditions and compensation and right of retention
(1) You can make the payment via PayPal, via prepayment, or with vouchers.
(2) You can choose to transfer the purchase cost and the shipping costs to our specified account.
(3) The payment of the purchase price is due directly after the conclusion of the contract. If the due date of the payment is determined according to the calendar and the date is missed, the customer is already behind schedule. In this case they have to pay the seller interest of as much as 5 percentage points above the base rate.
(4) The customer’s obligation to pay default interest does not include the assertion of further damages caused by the seller.
(5) We reserve the right to have claims collected through a third party. For this we will pass our claims that were created through your order to third parties. We commit ourselves to being true to data protection provisions and only provide your data that is necessary for the collection of the claim.
(6) You are not entitled to compensate against our claims unless your counterclaims are legally binding or undisputed. You are also entitled to an offset against our claims if you assert notices of defect or counterclaims from the same purchase contract.
(7) As buyer you may only exercise your right of retention if your counterclaim arises from the same purchase contract.
§ 7 Reservation of title
The delivered goods remain in our ownership until full payment of the purchase price.
§ 8 Warranty
It applies to legal liability for defects.
§ 9 Liability
(1) We guarantee you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the legal provisions for compensation or reimbursement of expenses.
(2) In other cases we guarantee - if not separately settled in clause 3 - only with the breach of a contractual obligation, which can only be fulfilled through proper implementation and to which compliance you as a consumer can rely on regularly (so-called “cardinal duty”), and in fact restricted to the substitute of the foreseeable and representative damage. In all remaining cases our liability is excluded and subject to the regulation provided in clause 3.
(3) Our liability for damages arising from the injury to life, the body, or health and under the product liability law remains unaffected by the aforementioned liability limitations and exclusions.
§ 10 Copyrights
(1) After the full payment of the purchase price, for eBooks and PDF-data (pattern) you receive a simple and non-transferrable, spatial and temporarily unlimited right for the use of the pattern in private. In particular, under the Copyright Act it is not allowed to copy, distribute, or exhibit the pattern.
Any further, in particular commercial, use requires a separate written agreement.
(2) We have copyrights, i.e. usage rights on all of our pictures, films, and texts that are published in our online shop. Any use of pictures, films, and texts is not permitted without our explicit approval.
As long as the content on this site was not created by us, the copyrights are observed by a third party. In particular, contributions of third parties are marked as such.
§ 11 References on data processing
(1) We collect data about our customers under the execution of contracts. With that we observe in particular the regulations of the Federal Data Protection Act and the Telemedia Act. Without your consent we will only collect, process, or use data to the extent necessary for the execution of contracts, claim collection, and for the use and accounting of telemedia.
(2) Without your consent we will not use your data for purposes of advertising, brand research, or canvassing.
(3) Otherwise, in respect to customer consent and further information about data collection, processing, and use, refer to the privacy statement from etsy.
§ 12 Applicable Law and Jurisdiction
(1) The right of the Federal Republic of Germany applies under the elimination of the UN-purchasing right. If you submitted the order as a consumer and at the time of your order have an ordinary residence in another country, the application of the mandatory law in that country from the choice of law in sentence 1 remains unaffected.
(2) If you are a merchant and are in Germany at the time of the order, it is the exclusive jurisdiction of the location of the salesperson in Freiburg. Otherwise the applicable legal designation applies for the local and international jurisdiction.
§ 13 Final Clause
The contract remains binding, even in the case of legal invalidity of individual points in its remaining parts. In lieu of the invalid points, those required by law occur where available. Insofar as this would constitute an unreasonable hardship for a contracting party, the contract will be invalid in its entirety.
