General Terms and Conditions for the edge & edges webshop, operated by Jasmin Rauscher e.U. The following store terms and conditions also contain the legally required information on consumer rights according to the regulations on contracts in distance selling and electronic commerce, in particular the revocation policy (see item 5).
Jasmin Rauscher e.U.
Gonzagagasse 4/3/12, 1010 Vienna
1.1 These store terms and conditions apply in the version valid at the time of the order for all contracts concluded by customers („customer“, „you“) with Jasmin Rauscher e.U.,Gonzagagasse 4/3/12 1010 Vienna („e&e“ „we“) for goods offered in the edge & edges webshop.
1.2 General terms and conditions of the customer that contradict or deviate from the store terms and conditions will not be accepted without prior written consent.
1.3 Customers can only be consumers in the sense of § 13 BGB (German Civil Code), since only these are granted corresponding rights of use according to these store GTC. Consumers in the sense of § 13 BGB are natural persons who place the order for a purpose that can predominantly be attributed neither to their commercial nor to their independent professional activity.
2.1 Jasmin Rauscher e.U (Gonzagagasse 4/3/12, 1010 Vienna)
2.2 An order in the edge & edges -webshop is possible after registration as a customer. The registration is free of charge.
2.3 For delivery by way of download, the customer must have suitable hardware and software as well as Internet access suitable for such download, and must provide a valid e-mail address to which we may send the download. It is the customer’s responsibility to ensure that he meets the necessary requirements.
2.4 You can reach our customer service at firstname.lastname@example.org.
3.1 In the edge & edges webshop you will receive goods with digital content. The term product, which is also used below, is a generic term for goods and digital content.
3.2 The products offered in the edge & edges webshop are subject to change and non-binding. In particular, they do not represent a binding offer in the legal sense, but a non-binding online catalog.
3.3 If you have found an interesting product, you can select it without obligation by clicking on the shopping cart button. The contents of the shopping cart can be viewed at any time by clicking on the shopping cart button. There you can also choose the number of selected products by entering the desired quantity and clicking the change button. The selected products can be removed from the shopping cart at any time by clicking the delete button. The ordering process can be cancelled at any time by closing the browser window. If you want to buy the products in the shopping cart, the button „Proceed to checkout“ must be clicked. After logging in or registering as a new customer, and after selecting the payment method, there is an overview page where you can check your entries again and change them if necessary. By clicking the button „buy“ you place a binding order of the goods contained in the shopping cart. This order is only possible if you also accept these store terms and conditions by clicking on the corresponding button and thus include the store terms and conditions in your order.
3.4 The confirmation of receipt of your order is sent immediately after sending an automated e-mail (order confirmation). The order confirmation lists the details of the order, contains any consent you may have given to waive the right of withdrawal when purchasing digital content (section 5.2) and informs you about these Shop T&Cs and the applicable right of withdrawal. Upon receipt of the order confirmation, the purchase contract for digital content is concluded. In the case of physical items that are sent by mail, the purchase contract is not concluded until the ordered goods are shipped to the customer.
3.5 The order data, any consent and confirmation you may have given when purchasing digital content and the store terms and conditions will be sent to you by e-mail in the order confirmation referred to in section 3.4, as well as the applicable right of withdrawal. Please keep this e-mail, it contains the complete text of the contract. You can view past orders in your customer account if you have registered for the webshop.
3.6 If it turns out after the conclusion of the contract that exceptionally ordered goods are not available, „e&e“ is entitled to withdraw from the contract. In these cases, the customer will be informed immediately and the purchase price – if already paid – will be refunded.
If there is a right of revocation (cf. clause 5 below) and the customer makes use of it, he shall bear the direct costs of the return shipment.
When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which „e&e“ informs about in the following. 5.1 contains the right of withdrawal for digital content, the consequences of withdrawal and the exceptions to this right of withdrawal.
5.1 CANCELLATION POLICY FOR DIGITAL CONTENT
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Jasmin Rauscher e.U., Gonzagagasse 4/3/12, 1010 Vienna, Tel: 0664-73861912, mail: email@example.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use a model withdrawal form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
Exceptions to the right of withdrawal – Please note:
The right of withdrawal expires in the case of a contract for the delivery of digital content that is not on a physical data carrier if we have begun executing the contract after you have expressly agreed that we may begin executing the contract before the end of the withdrawal period and you have confirmed your knowledge that you lose your right of withdrawal by agreeing to begin executing the contract. We will begin executing the contract by starting delivery of the digital content to the address you have provided.
The consent to waive the right of withdrawal – if desired – to be clicked before sending the order reads:
Consent to Waiver of Right of Withdrawal: I expressly agree that „e&e“ may commence delivery of the ordered digital content not on a physical medium to my specified address prior to the expiration of the withdrawal period and confirm my knowledge that with this consent I forfeit my right of withdrawal with respect to such digital content.
6.1 All prices stated on the product pages include the statutory sales tax and other price components.
6.2 The prices quoted do not include any costs that the customer may incur for Internet use (download time or download volume). These are to be inquired at the respective provider.
7.1 The claims of „e&e“ are due for payment in advance.
7.2 Basically, the following payment methods are available for the payment of goods purchased in the edge & edges webshop:
– any credit card
– Apple Pay
7.3 In detail:
When choosing the payment method You can also fill in and submit a clear declaration electronically on our website [insert internet address]. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation. PayPal you will automatically be redirected to the express purchase, in which you arrange the payment by PayPal. We will arrange for the delivery of the goods upon receipt of the payment confirmation by us and upon receipt of the consent to waive the right of withdrawal (clause 5.1) or, at the latest, upon expiry of the withdrawal period.
7.3.2 If the credit card payment method is selected, the invoice amount shall be due immediately upon conclusion of the contract. We arrange the debit at the same time with the dispatch of the order confirmation, i.e. immediately after sending your order in the online store. Ayden B.V. collects the invoice amount from the credit card account specified by you. We will arrange the delivery of the goods upon receipt of the payment confirmation by us and – in the case of digital content not on a physical data carrier – upon receipt of the consent to waive the right of withdrawal (clause 5.1) or at the latest upon expiry of the withdrawal period.
7.4 All payments are to be transferred to the following account using the above-mentioned payment methods:
Account holder: Jasmin RauscherInstitution: Bank AustriaIBAN: AT191200010002877966BIC: BKAUATWW
7.5 For payments from abroad, please make sure that all fees are at your expense.
7.6 In case of non-payment of PayPal or credit card payments caused by the customer, a new debit attempt will be made. If the renewed debit fails or if there is a payment default with other payment methods, „e&e“ reserves the right to involve a service provider for the assertion (dunning) of the claim and for debt collection (collection, lawsuit and enforcement proceedings). Costs incurred after the 1st reminder shall be borne by the customer as compensation for damages caused by default. We reserve the right to claim further damages for default or interest on arrears.
7.7 You shall only have a right to offset if your counterclaims have been legally established by a court of law or are undisputed or have been acknowledged by us in writing.
7.8 You may only exercise a right of retention if the claims result from the same contractual relationship.
8.1 Deliveries of digital content by download shall be sent to the customer by e-mail as a link after the order confirmation e-mail has been sent and payment has been received and after receipt of the consent to waive the right of withdrawal (clause 5.1) or, at the latest, after expiry of the withdrawal period. The link takes the customer to a page where he can download the digital content as a PDF file.
8.2 The link will function in the e-mail sent to the customer for 24 hours, after which time the link will expire.
9.1 The cutting patterns and other products offered in the edge & edges webshop are protected by copyright and/or industrial property rights.
9.2 When purchasing a pattern or an instruction by way of download provision, „e&e“ does not provide the customer with ownership of the item. Rather, „e&e“ shall grant the Customer a simple, non-transferable and non-sublicensable right to reproduce the pattern or the instructions for the production of the respective textile for personal and private use, which may be subject to a condition precedent pursuant to Section 10.1. No personal and private use and therefore prohibited are in particular commercial or commercial production of the respective textile. In addition, the customer is not permitted – apart from use actions permitted under copyright law – to edit or redesign, reproduce, distribute, exhibit and/or publicly reproduce the pattern and/or instructions obtained by download. In particular, it is prohibited to make the pattern and/or the instructions publicly available on the Internet or other networks. Imitation of the work is also prohibited.
9.3 When a pattern and/or other product is purchased by mail, „e&e“ shall provide the Customer with ownership of the respective pattern and/or other product – subject to a condition precedent, if applicable, pursuant to Section 10.1 or 10.2. „e&e“ grants the Customer a non-exclusive, non-transferable and non-sublicensable right to reproduce the pattern and/or the instructions for personal and private use in the course of the production of the respective textile, subject to a condition precedent, if applicable, pursuant to section 10.1 or 10.2. No personal and private use and therefore prohibited are in particular commercial or commercial production of the respective textile. In addition, the customer is not permitted – apart from actions of use permitted under copyright law – to edit or redesign the pattern and/or instructions obtained, to reproduce them, to exhibit them and/or to reproduce them in public. In particular, it is prohibited to make the pattern and/or the instructions publicly available on the Internet or other networks. Imitation of the work is also prohibited.
9.4 In order to adequately protect its copyrights, „e&e“ reserves the right to take civil and criminal action against unauthorized acts of use on the basis of this and additional information.
10.1 In the event of delivery by way of download, the granting of rights of use pursuant to Section 9 shall be subject to the condition precedent of full payment of the respective order.
10.2 If the Customer is in default of payment, „e&e“ shall be entitled to withdraw from the contract and to demand the return of the reserved goods or, if applicable, to demand assignment of the Customer’s claims for return against third parties.
11.1 Unless otherwise agreed below, the warranty shall be governed by the statutory provisions.
12.1 For grossly negligent or intentional conduct of „e&e“, its legal representatives and/or its vicarious agents, „e&e“ shall be liable without limitation in accordance with the statutory provisions. The same shall apply to liability in the case of expressly assumed warranties, for damages resulting from injury to life, body or health as well as in the case of liability under the Product Liability Act.
12.2 Unless a case of paragraph 1 sentence 2 of this clause 12 exists, „e&e“ shall only be liable for damages caused by slight negligence if such damages are based on the violation of essential contractual obligations (cardinal obligations). Cardinal obligations are those contractual obligations whose fulfillment is essential for the proper performance of the contract and on whose fulfillment the contractual partner could rely.
12.3 In the event of a slightly negligent breach of cardinal obligations within the meaning of paragraph 2 of this Section 12, the liability of „e&e“ shall be limited to the typically foreseeable damage.
12.4 The above provisions of this clause 12 shall apply mutatis mutandis to a limitation of the obligation to compensate for futile expenses (§ 284 BGB).
12.5 „e&e“ shall not be liable for damages caused by the improper execution of tips and instructions as well as the improper implementation of the patterns, by the improper handling of materials in the production of textiles, by the improper handling of merchandising articles and/or by the improper use of the textiles produced according to the patterns.
13.1 The place of performance for deliveries and payments shall be Vienna. Exclusive place of jurisdiction – as far as legally permissible – shall be Vienna. This shall also apply if the customer is a consumer and is not domiciled in the European Union.
13.2 The legal relationship between „e&e“ and the Customer shall be governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and international private law. In dealings with consumers, the law of the consumer’s place of residence shall be applicable, provided that mandatory consumer law provisions are beneficial to the consumer.
13.3 Pursuant to § 36 VSBG, „e&e“ points out that it is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
13.4 Online Dispute Resolution pursuant to Art. 14 para. 1 ODR Regulation. The European Commission provides a platform for out-of-court online dispute resolution (so-called ODR platform) at ec.europa.eu/consumers/odr/.