Terms and Conditions
General Terms and Conditions of the "Amata-lana" Online Shop
§ 1 Provider, Inclusion of GTC
(1) The provider and contractual partner for the goods presented in the online shop at www.amata-lana.de (hereinafter "online shop") is Julia Siegmann, Meerfeldstraße 67, 68163 Mannheim, Germany, phone 062143749595, e-mail juliasiegmann@gmail.com (hereinafter "provider").
(2) These General Terms and Conditions are part of every contractual agreement between the provider and the respective customer. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
§ 2 Product Offering and Conclusion of Contract
(1) The provider offers the items displayed in its online shop for purchase by end customers. The color representation of the items on the website may vary slightly depending on the internet browser used and the customer's monitor settings; these deviations are technically never entirely avoidable.
(2) Product selection, contract conclusion, and contract processing are carried out in German.
(3) The provider delivers within Germany and to EU member states.
(4) The customer selects the desired goods by placing them in the "shopping cart". In the "Review Order" step, the customer is shown a summary of their order to check for any input errors. By clicking the confirmation button, the order request is submitted to the provider, and the customer makes a binding offer to purchase to the provider. The customer has the option to view or change their entries at any time before sending their order request by going back one or more order steps in the browser or by canceling the order completely. However, the customer's application can only be submitted and transmitted if they accept these contractual conditions by clicking the "Accept GTC" button and thus include them in their application.
(5) The provider then sends the customer an automatic confirmation of receipt via email, which summarizes the order again. The customer can print the order using the "Print" function. The automatic confirmation of receipt merely documents that the order has been received by the provider and does not yet constitute acceptance of the offer. The contract is only concluded upon the provider's declaration of acceptance, which is sent with a separate email (order confirmation). In this email or in a separate email, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC, and order confirmation) will be sent to the customer by us on a durable medium (email or paper printout) (contract confirmation). The contract text is stored in compliance with data protection regulations.
§ 3 Prices and Shipping Costs
(1) All prices are exclusive of the applicable statutory sales tax and exclusive of the respective shipping costs.
(2) Shipping costs are listed in the respective product description under the "plus shipping" section and again on the order page of the shopping cart system.
(3) In the event of a withdrawal, the customer shall bear the direct costs of returning the goods.
§ 4 Payment Methods
(1) Payment of the purchase price is due immediately upon conclusion of the contract.
(2) The customer can make payment via Sofortüberweisung (instant transfer, Germany and Austria only), PayPal, debit/bank card, or credit card (VISA; MasterCard; Amex), Apple Pay, or Android Pay.
a) If the customer has chosen "Sofortüberweisung" or Debit/Bank Card as the payment method, the provider's bank details will be communicated to the customer during the payment process. The provider only accepts transfers from abroad as fee-free payments in Euros.
b) If the customer has chosen "PayPal" as the payment method, they will be redirected to the PayPal online service during the payment process and can initiate the payment there.
c) If the customer has chosen "Credit Card" as the payment method, the customer pays by entering the payment information of the respective credit card.
d) If the customer has chosen Apple Pay or Android Pay as the payment method, they will be redirected to the online service of Apple or Android during the payment process and can initiate the payment there.
§ 5 Shipping, Delivery Times
(1) Stated delivery times are calculated from the time of order confirmation, provided that the purchase price has been paid in advance. Unless no or no differing delivery time is specified for the respective goods in our online shop, it is generally 2-4 working days.
(2) For shipments to destinations outside Germany, the delivery time increases by another 2-9 working days.
(3) If no copies of the product selected by the customer are available at the time of the order, the provider will inform the customer immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from a declaration of acceptance. In this case, a contract will not be concluded. If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer immediately in the order confirmation.
(4) Several products ordered simultaneously will be delivered in a single shipment; the delivery time for the combined shipment will be that of the product with the longest delivery time. If the customer wishes to receive a specific product with a shorter delivery time in advance, they must order this product separately.
(5) If delivery to the customer fails because the customer has provided an incorrect or incomplete delivery address, a new delivery attempt will only be made if the customer bears the direct costs of the new shipment. These costs correspond to the shipping costs agreed upon at the time of concluding the contract.
(6) The preceding paragraphs do not apply to digital content (§ 6).
§ 6 Digital Content
(1) A product offered as digital content is not sent by post. Instead, the customer receives the product or a link to a website where they can download the product (download link) via email.
(2) If the customer expressly agrees that the contract will be executed before the expiry of the withdrawal period, and confirms that their right of withdrawal will expire as a result, the provider will deliver the digital content within three working days of payment; if the customer indicates that they are purchasing as an entrepreneur, this delivery time applies regardless of such confirmation. In other cases, the provider will deliver within three working days of payment, but not before the expiry of 17 days after the conclusion of the contract.
(3) Receipt of digital content requires that the customer has an email address and an internet connection. The provider points out that the customer's email and/or network provider may charge fees for data reception, over which the provider has no influence.
§ 7 Retention of Title
The delivered goods remain the property of the provider until full payment has been received.
§ 9 Warranty, Guarantee
(1) The customer has warranty claims (also referred to as defect liability rights) in accordance with the statutory provisions, in particular §§ 434 et seq. BGB (German Civil Code).
(2) An additional guarantee exists for the goods supplied by the provider only if this was expressly given in the order confirmation for the respective item.
§ 10 Liability
(1) Claims by the customer for damages are excluded. This does not apply to claims for damages by the customer arising from injury to life, body, health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract, if this was caused by simple negligence, unless it concerns claims for damages by the customer arising from injury to life, body, or health.21
(3) The limitations of subsections 1 and 2 also apply in favor of the provider's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The limitations of liability resulting from subsections 1 and 2 do not apply if the provider fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same applies if the provider and the customer have made an agreement on the quality of the item.21 The provisions of the Product Liability Act remain unaffected.
§ 8 Right of Withdrawal
(1) Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction, about which the provider informs below in accordance with the statutory model. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
(2) The provider grants a consumer with permanent residence outside Germany a consumer's right of withdrawal according to German requirements and legal consequences, even if the consumer's national law does not provide for a right of withdrawal or links the withdrawal to a shorter period or to stricter form requirements than under German law.
(3) The right of withdrawal does not apply to contracts for the delivery of digital content within the meaning of §§ 327ff BGB. This includes, in particular, instructions, knitting patterns, etc., in our online shop.
(4) In all other respects, the regulations detailed in the following apply to the right of withdrawal:
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Right of Withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us (Julia Siegmann, Meerfeldstraße 67, 68163 Mannheim, Germany, Phone 062143749595, Email juliasiegmann@gmail.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Effects of Withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us (Julia Siegmann, Meerfeldstraße 67, 68163 Mannheim) without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. |
(5) Regarding the model withdrawal form, the provider informs as follows in accordance with the legal regulation:
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(If you wish to withdraw from the contract, please fill out this form and send it back.) — To [here the name, address and, if applicable, the fax number and email address of the entrepreneur are to be inserted by the entrepreneur]: — I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*) — Ordered on (*)/received on (*) — Name of consumer(s) — Address of consumer(s) — Signature of consumer(s) (only for notification on paper) — Date (*) Delete as appropriate |
§ 10 Final Provisions
(1) The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. However, with regard to consumers with permanent residence abroad, German law shall not apply insofar as the consumer's national law contains provisions from which no deviation can be made by contract to the detriment of the consumer.
(2) Should individual provisions of these general terms and conditions prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.
(3) Dispute Resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for out-of-court resolution of disputes concerning contractual obligations arising from online purchase agreements. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.