§1 Design area
These terms and conditions apply to all orders placed by buyers based in Germany on www.aufschnitt.net, a website of:
Sliced Textile Object Design
Owner: Ms. Silvia Wald, Dipl. Ing. (FH)
Boxhagener Str. 32
10245 Berlin
– hereinafter referred to as „cold cuts“ or „we“ –
Special agreements with you apply if we have confirmed them to you in writing.
§2 Ordering process
2.1 By displaying articles on our website, we do not yet constitute a binding offer.
2.2 On the order summary page, you have the opportunity to review and correct your selection of items. By clicking "Buy now" on the order summary page, you are making a binding declaration that you wish to receive the items you have selected and pay the stated purchase price under the conditions stated on the website and in these Terms and Conditions.
2.3 To inform you that we have registered your click on "Buy Now," you will immediately receive an order confirmation by email. This email, or an attachment thereof, will contain your order information as well as these Terms and Conditions, including the cancellation policy, which you can save and print. We will also gladly send you this information upon request at a later date. A binding contract is only concluded when you receive an order confirmation from us by the end of the next business day after placing your order.
2.4 In order for us to be able to reach you in case of problems, you must keep your contact information up to date in the user settings at all times.
2.5 Orders for the territory of the Federal Republic of Germany can be placed on our website in German and English.
§3 Unavailability, force majeure
3.1 If we are unable to deliver the product on time or at all due to the unavailability of the product or its materials, or due to force majeure, we will inform you immediately and, if applicable, provide you with the expected new delivery date. If delivery is impossible or we are unable to meet the new delivery date, we may withdraw from the contract; we will promptly refund any payments already made. Our and your statutory rights of withdrawal remain unaffected, as do the statutory provisions governing the handling of the contract in the event of an exclusion of the obligation to perform (e.g., due to impossibility or unreasonableness).
3.2 The product shall be deemed unavailable, in particular, if the supplier fails to deliver on time through no fault of our own, even though we had concluded a congruent hedging transaction, i.e., a delivery order existed on the date of our order confirmation which, objectively speaking, allowed us to expect that we would be able to deliver the product to you as agreed, assuming smooth proceedings. Force majeure exists if an unforeseeable and exceptional event delays or renders delivery impossible and we cannot avoid this by reasonable means; this may be the case, for example, with strikes at the production site, accidents, or severe weather on the transport routes.
§4 Illustrations and dimensions
4.1 Certain deviations from the product to be delivered are unavoidable due to natural or technical circumstances in the presentation on our website, despite all due care, and do not constitute a defect. Although we strive for a true-to-life representation of the colors, color variations may occur due to the specific characteristics or settings of your display or monitor.
4.2 Dimensions such as weight, length, and volume are approximate only. The products are manufactured in small batches, so slight variations may occur within a production run due to the manufacturing process.
§5 Prices
All prices quoted are final prices in euros and include VAT. Shipping costs are calculated separately.
§6 Due Dates and Payment Methods
6.1 The total cost of the order is due as soon as you receive the order confirmation. However, you can also initiate payment as soon as you have clicked on "Buy now".
6.2 You can choose between the following payment methods during the ordering process: Paypal, bank transfer and cash payment upon collection.
6.3 The parties agree that the customer is obligated to make advance payment. The provision of the counter-service by way of slicing will only become due after full payment has been received from the customer.
§7 Promotional vouchers and their redemption
7.1 Promotional vouchers are vouchers that cannot be purchased, but which we issue as part of advertising campaigns with a specific validity period.
7.2 Promotional vouchers are redeemable only within the specified period and only once per order. Individual products and custom-made items may be excluded from the voucher promotion. Promotional vouchers cannot be used to purchase gift vouchers.
7.3 The value of the goods must be at least equal to the value of the promotional voucher. Any difference for a higher value of goods can be paid using the available payment methods. The value of a promotional voucher will neither be paid out in cash nor accrue interest. The promotional voucher will not be refunded if goods are returned in whole or in part.
7.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible. The promotional voucher is non-transferable. Multiple promotional vouchers cannot be combined unless we have agreed otherwise.
7.5 If you have used a promotional voucher for your purchase, we reserve the right to charge you the original price of the goods you keep if – due to your cancellation – the total value of the order falls below or equals the respective value of the promotional voucher.
§8 Gift vouchers and their redemption
8.1 Gift vouchers are vouchers that you can purchase. These can only be redeemed for the purchase of cold cut products, not for the purchase of further gift vouchers. If the balance of a gift voucher is insufficient for the order, the difference can be paid using the available payment methods.
8.2 Gift vouchers can only be redeemed before completing the order process. The balance of a gift voucher will neither be paid out in cash nor accrue interest.
§9 Delivery and delivery time
9.1 For each product, we specify the delivery terms and delivery time on the respective product page.
9.2 Once the product has been dispatched, you will generally receive a shipping confirmation by email with an estimated delivery date. If transport is disrupted by circumstances beyond our control, we are not responsible for the delay in delivery and any resulting inconvenience to you. Clause 3 (non-delivery and force majeure) and your right of withdrawal remain unaffected. In any case of delay, we will inform you immediately of the new estimated delivery date.
9.3 If delivery cannot be made to the address you provided, we will inform you how to arrange a new delivery attempt.
9.5 We strive to avoid partial deliveries and any resulting inconvenience to you, especially when delivering multiple larger products. If products are completed at different times, we are entitled to make partial deliveries, provided this is reasonable for you. We will notify you in advance in this case. We will bear any additional shipping costs incurred due to partial deliveries.
§10 Retention of title
10.1 The delivered product remains our property until all claims arising from the contract have been paid in full.
§11 Cancellation, Return and Refund of Payments Made
11.1 The delivered product remains our property until all claims arising from the contract have been paid in full.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last partial shipment or the last item.
To exercise your right of withdrawal, you must inform us (Aufschnitt Textile Object Design, owner: Silvia Wald, Boxhagener Str. 32, 10245 Berlin, Tel. +49 (0)30 63371548, Email info@aufschnitt.net) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient that you...
Notification of the exercise of the right of withdrawal before the expiry of the
Send cancellation notice.
Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
————————————————————————————————
Cancellation, return and sample cancellation form
If you wish to cancel the contract, please fill out this form and return it.
To:
Sliced Textile Object Design
Owner Dipl. Ing (FH) Silvia Wald
Boxhagener Str. 32
10245 Berlin
I/We(*) hereby revoke the contract concluded by me/us(*) for the purchase of the following goods(*)/the provision of the following service(*):__________________________________________________
Ordered on(*)/received on(*):__________________________________________________
Consumer's name:__________________________________________________
Consumer's address:__________________________________________________
Signature of the consumer
(only for notifications on paper):__________________________________________________
City, Date:______________________________________________________________
(*) Delete as appropriate.___________________________________________________
————————————————————————————————
11.2 Unless otherwise agreed by the parties, the right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
11.3 Your statutory rights in the event of product defects remain unaffected.
11.4 When unpacking the product, you must proceed carefully and, for the purpose of return delivery, you should repackage the product in a similar manner.
11.5 Information regarding your right of withdrawal and an explanation of the procedure will be provided in your order confirmation via email.
§12 Data Protection
We collect and store the data required for processing your order using an electronic data processing system. We treat your personal data confidentially. We only share personal data with third parties during the payment process and shipping. You can request information about the data stored about you free of charge at any time.
To do this, send an email to:
info@aufschnitt.net
You can view our privacy policy at the following link.
view: https://aufschnitt.net/datenschutz/
§13 Your rights in case of delay and defects; liability
13.1 If the delivered product does not conform to the specifications agreed upon between you and us, or is not suitable for the use stipulated in our contract or for general use, or does not possess the characteristics that you could reasonably expect based on our public statements, we are obligated to provide subsequent performance. This does not apply if we are entitled to refuse subsequent performance under applicable law.
13.2 Remedies for defects will be provided at your option by either repairing the defect or delivering new goods. You must grant us a reasonable period for remedying the defect. During this period, you are not entitled to reduce the purchase price or withdraw from the contract. If we have unsuccessfully attempted to repair the defect twice, the repair will be deemed to have failed. If the remedy fails, you are entitled, at your option, to reduce the purchase price or withdraw from the contract.
13.3 You can only assert claims for damages due to a defect if subsequent performance has failed. Your right to assert further claims for damages in accordance with the following paragraphs remains unaffected.
13.4 We are liable in accordance with statutory provisions for damages to life, body, and health resulting from a culpable breach of duty by us, our legal representatives, or our agents. Furthermore, we are liable in accordance with statutory provisions for other damages resulting from intentional or grossly negligent breaches of contract or fraudulent conduct by us, our legal representatives, or our agents. To the extent that the Product Liability Act applies, we are fully liable in accordance with its provisions.
13.5 We are also liable under a quality and/or durability guarantee, provided we have issued such a guarantee for the delivered item. If damage occurs that is due to a lack of the quality or durability guaranteed by us, but this damage does not occur directly to the goods we delivered, we are only liable for this if the risk of such damage is clearly covered by our quality and durability guarantee.
13.6 If damage due to delay or a defect is based on the simple negligence of a material contractual obligation, i.e., the simple negligence of an obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance you as the buyer may regularly rely, our liability is limited to the foreseeable and typical damage at the time of conclusion of the contract. The same applies if you are entitled to claims for damages in lieu of performance.
13.7 No further liability claims exist against us, regardless of the legal nature of the claims you raise against us.
§14 Dispute resolution, complaint procedure, dispute settlement
14.1 If you are dissatisfied with our services, please contact us at info@aufschnitt.net.
14.2 The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes relating to their online orders without having to go to court. The dispute resolution platform can be accessed via the external link [link missing in original text]. http://ec.europa.eu/consumers/odr/ reachable.
Aufschnitt is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§15 New version of these terms and conditions
Our terms and conditions apply in the version valid at the time the order is placed. We reserve the right to revise the terms and conditions for future orders.
§16 Jurisdiction and applicable law
The courts at your place of residence and at our registered office have legal jurisdiction for legal proceedings against us. The applicable law is German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If a customer's purchase has a potential connection to the law of a foreign country, the choice of law based on the law of the Federal Republic of Germany is excluded to the extent that the mandatory consumer protection provisions of the country in which the customer has their habitual residence take precedence.
§17 Contact
17.1 If we need to contact you, we will do so by email or post, using the details provided in your order.
17.2 If you have any questions about these Terms and Conditions, please send us an email to info@aufschnitt.net or call us on +49 (0)30 63371548 (Tuesday to Friday: 11:00 am to 2:00 pm). We will be happy to assist you.
Legal status: Berlin, November 2019