§ 1 Scope of application, Definitions
(1) These Terms and Conditions of Craftarina by Katharina Staudt (Reckholderbühl 10, 78224 Singen (Hohentwiel), Germany) (hereafter referred to as “we”, “our”, “seller” or “Craftarina”) shall apply to all contracts concluded between a consumer or entrepreneur (hereafter referred to as “client”) and the seller relating to all goods and/or services presented in Craftarina’s online shop. Any deviating terms of the client as well as any amendments to this agreement require express acknowledgement in writing (email is sufficient).
(2) A consumer is any natural person who enters into a legal transaction for purposes which can not be attributed to either his commercial or his independent professional activity.
(3) An entrepreneur is any natural or juristic person who enters into a legal transaction for purposes which can be attributed to his/its commercial or independent professional activity.
§ 2 Conclusion of the contract
(1) The following stipulations apply to contracts concluded by using our online shop at https://www.craftarina.de as well by other technical means (email, phone…).
(2) The product descriptions on the online shop do not constitute binding offers on our side.
(3) By placing an order in our online shop and completing the ordering process, the client is submitting a binding offer. The ordering procedure comprises following steps:
- Selection of the goods
- Adding of the goods to the virtual shopping cart by means of the “Add to cart” buttons
- Completing of and/or selection of:
- the client details
- shipping address
- payment method
- shipping method (if applicable)
- Finalization of the order by clicking the “Buy Now” button
(4) Craftarina may accept the client’s binding offer within three days, by either: sending a written order confirmation or by delivering the ordered goods. Should we not accept the client’s biding offer, a full refund will be issued on the mean of payment used initially.
(5) All data related to the order can be saved or printed using technical means provided by your internet browser (ex. “print function”). The transmission of all information related to the fulfillment of the order, especially the order details, the terms and conditions and the right of withdrawal will be executed by E-Mail to the address entered during the checkout process. For this reason it is the client’s responsibility to ensure the provided contact data is accurate and that receiving of emails is possible. Particularly it is the client’s responsibility to ensure that spam filters or other commissioned systems do not interfere with the reception of aforementioned information.
(6) The client can interrupt the order process at any time by closing the browser window. Repeating the process is possible at later time.
§ 3 Object of the contract and product properties
(1) The object of the contract is the sale of goods.
(2) The client can read about product/article properties on the respective product/article detail page.
(3) The sale of digital products is subject to the restrictions that are apparent in the product description or otherwise resulting from the circumstances, in particular relating to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private use of the products without the right to resale or sub-license.
(4) Regarding our sewing patterns: the content of our patterns (including instructions, photos and diagrams) belong exclusively to Katharina Staudt – Craftarina. The licence granted by a pattern purchase includes the right for domestic use only. Garments made from this domestic use licence and sold commercially are limited to 5 pieces. No part of the patterns may be reproduced or resold although it is permitted to print copies for the customers personal domestic use. Garments made and sold from our pattern or shown online shall include the mention of „Craftarina“ as the pattern designer. We assume no liability for errors neither in the pattern nor in the instructions. Commercial use licences are sold separately.
§ 4 Prices, shipping and delivery
(1) All indicated prices, including those related to shipping are total prices, including applicable taxes.
(2) Payments can be made using one of the methods mentioned in the online shop or during the checkout process. Generally prepayment is required unless otherwise agreed or indicated.
(3) Shipping cost apply unless otherwise agreed or indicated. The final amount of shipping cost is clearly indicated during the checkout process after the client has provided all required details. A shipping cost estimation is possible in the virtual shopping cart by providing details about the destination.
(4) All displayed products can be shipped immediately, unless indicated otherwise. We will inform you as soon as possible about any incurring delays in shipment.
(5) We ship to following location/countries: Åland Islands, Afghanistan, Albania, Algeria, American Samoa, Andorra, Angola, Anguilla, Antarctica, Antigua and Barbuda, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belau, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Bonaire, Saint Eustatius and Saba, Bosnia and Herzegovina, Botswana, Bouvet Island, Brazil, British Indian Ocean Territory, Brunei, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Cayman Islands, Central African Republic, Chad, Chile, China, Christmas Island, Cocos (Keeling) Islands, Colombia, Comoros, Congo (Brazzaville), Congo (Kinshasa), Cook Islands, Costa Rica, Croatia, Cuba, Curaçao, Cyprus, Czech Republic, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Falkland Islands, Faroe Islands, Fiji, Finland, France, French Guiana, French Polynesia, French Southern Territories, Gabon, Gambia, Georgia, Germany, Ghana, Gibraltar, Greece, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana, Haiti, Heard Island and McDonald Islands, Honduras, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Isle of Man, Israel, Italy, Ivory Coast, Jamaica, Japan, Jersey, Jordan, Kazakhstan, Kenya, Kiribati, Kuwait, Kyrgyzstan, Laos, Latvia, Lebanon, Lesotho, Liberia, Liechtenstein, Lithuania, Luxembourg, Macao S.A.R., China, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Mexico, Micronesia, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Morocco, Mozambique, Namibia, Nauru, Nepal, Netherlands, New Caledonia, New Zealand, Nicaragua, Niger, Nigeria, Niue, Norfolk Island, North Macedonia, Northern Mariana Islands, Norway, Oman, Pakistan, Palestinian Territory, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Pitcairn, Poland, Portugal, Puerto Rico, Qatar, Reunion, Romania, Russia, Rwanda, São Tomé and Príncipe, Saint Barthélemy, Saint Helena, Saint Kitts and Nevis, Saint Lucia, Saint Martin (Dutch part), Saint Martin (French part), Saint Pierre and Miquelon, Saint Vincent and the Grenadines, Samoa, San Marino, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, South Georgia/Sandwich Islands, South Korea, Spain, Sri Lanka, Suriname, Svalbard and Jan Mayen, Swaziland, Sweden, Switzerland, Taiwan, Tajikistan, Tanzania, Thailand, Timor-Leste, Togo, Tokelau, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom (UK), United States (US), United States (US) Minor Outlying Islands, Uruguay, Uzbekistan, Vanuatu, Vatican, Venezuela, Vietnam, Virgin Islands (British), Virgin Islands (US), Wallis and Futuna, Western Sahara, Yemen, Zambia, Zimbabwe.
(6) Shipping restrictions apply for certain products and product types (ex. regarding by transportation of batteries). For this reason certain products are not shippable to certain locations. The client is responsible for ordering only products that can be legally imported in his country of residence.
(7) Generally the goods are shipped to the address indicated by the client during the purchase. In the case the client uses Paypal as payment method, the shipping address selected with Paypal is decisive.
(8) In the case that the transport company returns the goods to the seller because delivery was not possible, the client has to bear the costs for the unsuccessful dispatch trial (including – if applicable – any customs, taxes, fees, surcharges and/or similar costs), unless the conditions leading to the delivery impossibility were beyond the client’s control.
(9) The risk of accidental deterioration, loss or damage during transports is at the risk and expanse of the client, unless the client is a consumer national of a member State of the European Union and whose domicile and delivery address are located in the territory of the European Union at the time of contract conclusion.
§ 5 Retention of title
(1) The client may only exercise a right of retention if its counterclaim is based on the same contract.
(2) All goods remain our property until full payment of the purchase price.
§ 6 Revocation / right of withdrawal
As a consumer the client may exercise his right of withdrawal. The details are stipulated in our right of withdrawal. This choice of law does not apply to consumers who are not nationals of a member State of the European Union and whose domicile and delivery address are located outside of the territory of the European Union at the time of contract conclusion.
§ 8 Applicable Law and language
(1) Unless otherwise agreed upon, all contracts shall be written in either German or English.
(2) The law of the Federal Republic of Germany shall apply to all contracts and legal relationships between the seller and the client. For consumers, this choice of law applies only insofar as it does not exclude the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence.
§ 9 Warranty
(1) The warranty is governed by the statutory provisions.
(2) For entrepreneurs, the warranty period for delivered goods is 6 months.
(3) As a consumer, you are requested to check the item / digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and damage in transit and to notify us and the freight forwarder of complaints as soon as possible. Not complying with this has no effect on your statutory warranty claims.
§ 10 Alternative dispute resolution
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. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
§ 11 Final provisions
(1) The provisions of the UN Sales Convention explicitly do not apply.
(2) If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the seller.
(3) Coupons that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the client (hereafter “coupons”), can only be redeemed in the seller’s online shop. Additional conditions such as the exclusion of certain products, limitation to consumers, transfer-ability conditions, the number of applicable action coupons per order, coupon validity (ex. “one time per client coupon”), etc… may apply. In the case the coupon value exceeds the value of the ordered goods, no refund of the remaining amount will be issued. Generally only one coupon is applicable per order. Coupons apply only to goods.
(4) Should any provision of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions.