General Terms and Conditions of Featherfin Yarn
§1 Applicability to entrepreneurs and definitions of terms §2 Conclusion of a contract, storage of the contract text §3 Prices, shipping costs, payment, due date §4 Dates and Deadlines§5 Approval §6 Changes in services §7 Warranty §8 Liability §9 Termination §10 Information obligation according to § 36 VSBG §11 Place of performance, place of jurisdiction §12 Delivery §13 Right of withdrawal of the customer as a consumer §14 Cancellation Form §15 Contract language §16 Closing agreements
§1 Applicability to entrepreneurs and definitions of terms
(1) The following general terms and conditions apply to all deliveries between Belinda Burghardt (further referred to with “us” or “the contractor”) and a consumer (also referred to as “client” or “costumer”) in the version valid at the time of the order.
(2) A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed (§ 13 BGB).
§2 Conclusion of a contract, storage of the contract text
(1) The following provisions regarding the conclusion of the contract apply to orders via our Internet shop https://www.featherfinyarn.com.
(2) In the case of the conclusion of the contract, the contract is concluded with:
Gruener Weg, 8
Responsible court: Darmstadt
(3) The presentation of the goods in our Internet shop does not constitute a legally binding contract offer on our part, but are only a non-binding invitation to the consumer to commission the production of works according to the application of §§ 631 ff. BGB in addition to the here specified regulations. The design in detail and the the scope of work to which the contractor is obliged after the conclusion of the contract result from the listing according to the product description. By ordering the desired works, the consumer makes a binding offer for him to conclude a work contract. The full compensation is due immediately after.
(4) Upon receipt of an order in our Internet shop, the following rules apply: The consumer makes a binding contract offer by successfully going through the order procedure provided in our Internet shop.
The order is made in the following steps:
2) Confirm by clicking the “Pre-Order Now” button
3) Checking the details in the shopping cart
4) Operation of the button “Proceed to checkout”
5) Registration in the Internet shop and entry of the applicant details (e-mail address and password).
6) Re-examination or correction of the entered data.
7) Binding submission of the order by clicking on the button “buy now” and completing the following payment procedure.
The consumer can return to the website before entering the order by pressing the “back” button contained in the Internet browser used by him after checking his information, on which the information of the customer are recorded and correcting or correcting input errors Close the Internet browser to cancel the order process. We confirm the receipt of the order directly by an automatically generated e-mail (“order confirmation”). With this we accept your offer.
(5) Storage of the contract text for orders via our Internet shop: We save the contract text and send you the order data and our terms and conditions by e-mail. The terms and conditions can be viewed at any time at https://www.featherfinyarn.com/terms-conditions/. You can see your past orders in our customer area under My Account -> Orders.
§3 Prices, shipping costs, payment, due date
(1) Value added tax is not collected, as small businesses according to §19 (1) UStG. There are also possible shipping costs.
(2) The consumer has the option of paying with Paypal or Klarna, and the Credit Cards accepted by these services.
(3) If the consumer has chosen to pay by Paypal or Klarna, he agrees to pay the purchase price immediately after confirming the “Buy Now” button.
§4 Dates and Deadlines
(1) The production of work will take 10 business days. The customer will be notified of the completion of the work and the subsequent shipment.
(2) If the agreed deadlines and deadlines are not met culpably, then the respective party has to set a reasonable deadline for performance, after the expiry of the period of grace delay sets in without further notice.
(1) The approval of the contractual service takes place with yarn pre-orders after delivery. Partial approval will not take place.
(2) Approval shall be given in the case of no further notices regarding the order on both sides after arrival of the work in the domain of the client. Without notification of a defect from the client after delivery, it is assumed that the work and its primary attributes have been created according to contract.
(3) If the service is not in conformity with the contract and the client therefore rightly refuses approval or if approval takes place subject to removal by the contractor immediately by e-mail (firstname.lastname@example.org), the contractor shall be obliged to perform a contractual service without delay and to remedy the defects, to communicate the probable duration of the remedy of the defect and to indicate the elimination of the defect after completing the reworking.
§6 Changes in services
(1) The client can not demand changes to the content and scope of the services.
(2) The contractor can not assert any additional compensation for changes in services for which the client is not responsible.
The contractor is liable for material and legal defects in accordance with the provisions of the BGB for the contract of work, but the client has first to assert the rights to subsequent performance. If this fails, the client is entitled to further rights of defects (self-performance, withdrawal, reduction, compensation).
The contractor is liable – except in case of breach of essential contractual obligations, in case of injury to life, limb or health or claims under the Product Liability Act – only for intent and gross negligence. Significant contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
If the client makes use of his right of termination according to § 649 p. 1 BGB, the contractor may demand as a flat-rate compensation 15 percent of the agreed remuneration, if the execution has not yet begun. If the execution has already begun, 80 per cent of the agreed remuneration must be paid. Has the client paid in advance, the rest of the compensation will be refunded by the contractor.
§10 Information obligation according to § 36 VSBG
The contractor is willing to participate in consumer arbitration proceedings under the Consumer Dispute Settlement Act.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. Consumers may use this platform for the settlements of their disputes. We are in principle prepared to participate in an extrajudicial arbitration proceeding.
§11 Place of performance, place of jurisdiction
(1) Place of performance for all obligations arising from this contract is the registered office of the contractor.
(2) The exclusive place of jurisdiction for disputes arising from and in connection with this contract is the district court of Darmstadt.
(1) Unless stated otherwise in the product description, all items offered by us are works made to order. The delivery takes place latest within 30 days. The deadline for delivery starts on the day after conclusion of the contract. If the deadline ends on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.
(2) The risk of accidental loss and accidental deterioration of the sold item shall not be transferred to the buyer until the goods have been handed over to the buyer, even in the case of consignment purchase.
§13 Right of withdrawal of the customer as a consumer
Right of Withdrawal for Consumers
Consumers are entitled to a right of withdrawal according to the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the date of the contract.
To exercise your right of withdrawal, you must contact
Gruener Weg, 8
by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this Agreement, we will refund all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most inexpensive standard delivery offered by us) immediately and no later than fourteen days from the date on which the notice of cancellation of this contract has been received by us and if the works have been completed and have left our premises. If the goods have already arrived at the customer’s domain, the return must take place within 14 days upon the notice of withdrawal, for which the customer has to bear the costs. If the goods are still on their way to the customer at the time of the withdrawal, the deadline for the returns starts upon delivery at the customers premises. If upon return, the goods have value-reducing defects for which the customer can be held responsible, the customer must pay for the difference in value. For all repayments, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged additional repayment fees for this.
If the right of withdrawal has been used prior to the completion of the works, you shall be required to pay us a reasonable amount listed in section §9 Termination and amount to a maximum of 80 percent of the agreed compensation.
End of revocation instruction
§14 Cancellation Form
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
(*) Delete as appropriate.
§15 Contract language
As contract language English will be available at default, with the optional language German upon requesting before placing the order.
§16 Closing agreements
(1) Amendments to this contract or its components must be made in writing. This also applies to a change of this clause. Verbal collateral agreements are ineffective.
(2) Without exception, the law of the Federal Republic of Germany applies to the execution of this contract.
(3) Should a provision of this contract be or become ineffective, or should the contract contain a loophole, this shall not affect the validity of the remainder of the contract according to § 306 BGB.
Status of the Terms: Nov.2019