General Terms and Conditions for the Online Shop Zierstoff UG simply sew, Doktorskamp 10, 46325 Borken - Germany
Conditions – means these General terms and conditions;
Cookies – means small text files which our website places on your computer's hard drive to store information about your shopping session and to identify your computer;
Customer/You – means a user of this Website;
Intellectual Property - means any patents, registered and unregistered designs, copyright (including the name “Zierstoff”), trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
Product – means a product displayed for sale on the Website (as defined below);
We/us/our – means Zierstoff UG simply sew, registered office Doktorskamp 10, 46325 Borken, Germany; and
Website – means the website located at http://zierstoffpatterns.com/ or any subsequent URL which may replace it.
1.1. All offers, deliveries and services provided by us to you are exclusively governed by these Conditions and form part of our contract(s) with you.
1.2. The Products on our Website may be used by both individual and business Customers. For the purpose of these Conditions, an individual Customer is any legal person who enters into a contract with us for a purpose not related to his or her business, trade or self-employed professional activity (Section 13 of the German Civil Code), and a business Customer is any legal person (whether an individual, company or partnership vested with legal capacity) who enters into a contract with us in the conduct of its business or its self-employed professional activity (Section 14 (1) of the German Civil Code).
1.3. Any terms of business of the Customer shall not apply, even if we do not expressly object to them.
1.4. Our employees and/or agents are not authorised to enter into any agreements contrary to these Conditions with you unless otherwise agreed in writing.
§2 Formation of the contract
2.1. Our Product offers do not constitute a binding contractual offer.
2.2. A binding contractual offer is made when you place an order in our Online Shop.
2.3. Your offer shall remain valid and binding for a period of seven business days following the day of the offer. If we do not respond within this period, the offer shall be deemed to be rejected.
2.4. Upon receipt of the offer, we will send you a confirmation of receipt of the order. This shall not constitute an acceptance of the offer. The order shall be deemed to be accepted by us either upon dispatch of the Product or receipt of payment from you, whichever occurs first.
2.5. You shall be entitled to cancel the offer and return the Product in accordance with the Cancellation and Return Policy and clause 3.1 below. If several Products are ordered at once time, this order shall constitute one contract.
§3 Right of cancellation and return of products
3.1. Clause 2.5 above shall not apply to distance selling contracts (as defined in Directive 1997/7/EC  (Distance Selling Directive)) where the product being sold pursuant to that contract is manufactured according to Customer's specifications or which is clearly tailored to personal requirements.
3.2. The Customer hereby agrees that the right of cancellation expires on the digital delivery of the product to them.
3.3. If you are an Entrepreneur as defined in section 14 of the German Civil Code and the purchase of the Product relates to your commercial activities, the right of return does not exist.
§4 Right of cancellation for Digital Contents
4.1. You have the right to cancel this contract upon written notice by email without giving any reason within fourteen days following the conclusion of the contract.
4.2. Notice to cancel the contract must be provided in writing by email sent to us at firstname.lastname@example.org.
4.3. If you cancel the contract, we shall reimburse all payments received from you no later than fourteen days from the day on which we receive the written notice of cancellation. We will use the same payment method you originally used unless otherwise agreed. No fees will be charged for this reimbursement.
§5 Prices and payment methods
5.1. All prices are final prices and include Value Added Tax (if applicable) at the prevailing rate.
5.2. Unless otherwise agreed in writing, Products will be dispatched for delivery on receipt of payment.
§6 Reservation of title
6.1. We retain ownership of the Product until the purchase price has been paid in full.
6.2. You are not, without prior written consent, entitled to resell the Product.
In the event of a defect in the Product, you are, within 3 working days of providing written notice of such defect, entitled to an equivalent Product free from the defect at no further expense.
§8 Intellectual Property
We retain all Intellectual Property relating to the Product, the Website and the Online Shop. For the avoidance of doubt, use of any such Intellectual Property by you shall only be permitted with our express written consent.
§9 Privacy and data protection
9.1. We may only use your personal data to the extent necessary to fulfil the contract. All your data will be kept in accordance with applicable data protection law.
9.2. We shall not make available any of your personal data to other third parties without your express consent, except to the extent that we are required to disclose any data pursuant to applicable law.
9.3. The collection, transmission and/or other processing of your personal data is not allowed, except for the purposes as stated in this section.
11.1. Liability for a delay in delivery is limited to an amount equal to the purchase price of the Product(s) (including VAT), except in cases of deliberate intent or gross negligence by us.
11.2. We shall not be liable, in contract or tort (including, without limitation, negligence), for pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of, or in connection with, these Conditions for:
- 18.104.22.168. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- 22.214.171.124. any loss of goodwill or reputation; or
- 126.96.36.199. any special or indirect losses suffered or incurred by you arising out of, or in connection with, the provisions of any matter under the Conditions.
11.3. Nothing in the Conditions shall exclude or limit our liability for wilful misconduct or gross negligence, injury to life, body or health, or product liability laws.
§12 Right of withdrawal of the provider
In order to ensure that we can fulfil your order for electronic delivery of the Product(s), any changes to your email address which take place between you placing an order and delivery of the Product(s) shall be reported to us without delay. If you provide an incorrect email address then we may, at our discretion, terminate the contract.
§13 Venue and Governing Law
The contract(s) entered into between us and you shall be governed by the laws of the Federal Republic of Germany, and excludes of the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG), without prejudice to any mandatory conflict of laws provisions.
§14 Final Provisions
14.1. If you are either:
- 14.1.1. a merchant within the meaning of Section 1 of the German Civil Code;
- 14.1.2. a legal entity under public law, or
- 14.1.3. a separate property under the public law,
the jurisdiction for any disputes arising under our contract with you is agreed as the place of our headquarters (Borken, Germany). In all other cases, you or we can file suit in any court of competent jurisdiction to the extent permitted under the statute.
14.2. The CISG does not apply.
14.3. The place of performance is Borken, Germany.
14.4. Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
14.5. All amendments and supplements to these Conditions shall be in writing.
- Zierstoff's Website uses Google Analytics, a web analytics service provided by Google, Inc (“Google”). This enables Zierstoff to use “cookies”, which are text files placed on your computer to help us analyse how users use the Website. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States.
- IP-anonymisation is activated on this Website. As a result, your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the whole IP address be first transferred to a Google server in the USA and truncated there. Google will use this information on our behalf for the purpose of evaluating your use of the Website, and compiling reports on Website activity.
- As an alternative to the Opt-out Browser add-on or within browsers on mobile devices, you can click this link: http://tools.google.com/dlpage/gaoptout in order to opt-out from being tracked by Google Analytics within this Website in the future (the opt-out applies only to the browser in which you set it and within this domain).
- Please note that our website uses Google Analytics with the extension '_anonymizelp()' and consequently, IP addresses are only used in shortened form in order to prevent direct personal references.