General Terms and Conditions
This is a courtesy translation. The German version of these terms is the legally binding one.
1) Scope, Supplier
1.1 These General Terms and Conditions apply to all contracts you conclude via the online shop at kathienchen.de with Katharina Eberius, Kathienchen Yarns, Zur Schafstränke 15, 01705 Freital, Germany, email: kathi@kathienchen.de, phone: +49 163 4573215 (hereinafter “we”).
1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 German Civil Code).
1.3 Differing terms of the customer do not become part of the contract unless we expressly agree to them.
2) Conclusion of Contract
2.1 The presentation of products in the shop is not a binding offer but an invitation to place an order.
2.2 By clicking the “Order with obligation to pay” button, you submit a binding offer to purchase the goods in your basket. Before submitting, you can correct your entries at any time using the usual keyboard and mouse functions and your browser’s back function.
2.3 We confirm receipt of your order without undue delay by email. This acknowledgement of receipt does not yet constitute acceptance of your offer.
2.4 The contract is concluded as soon as we expressly declare acceptance or dispatch the goods. Where payment is by advance bank transfer, the contract is concluded when we issue our request for payment.
2.5 The contract languages are German and English. We store the text of the contract; it is available to you through your customer account if you have created one. The contract terms are also sent to you in text form with the order confirmation.
3) Prices
3.1 The prices stated in the shop at the time of ordering apply.
3.2 As a small business within the meaning of § 19 UStG, we do not charge VAT and therefore do not show it. The prices stated are final prices.
3.3 Shipping costs are added to the price of the goods. Their amount is set out on the “Shipping and Payment” page and is shown to you separately during the ordering process before you place your order.
3.4 For deliveries to countries outside the European Union, customs duties, import VAT and handling fees may apply in addition. These are payable by you directly to the competent customs or tax authorities or to the carrier and are not included in our prices or shipping costs.
4) Payment
4.1 The payment methods shown during the ordering process are available: advance bank transfer and PayPal (including payment by direct debit, credit card, giropay and Sofortüberweisung processed through PayPal).
4.2 Where payment is by advance bank transfer, the invoice amount is to be transferred to the stated account within ten days of receipt of our request for payment. If no payment is received within this period, we may withdraw from the contract.
4.3 Where payment is made via PayPal, PayPal's terms apply in addition.
5) Delivery
5.1 We deliver to the countries listed on the “Shipping and Payment” page.
5.2 Unless stated otherwise for the individual item, the delivery time within Europe is 3 to 5 working days and to other countries 5 to 10 working days, in each case from conclusion of the contract, or from issue of the payment order where payment is by advance transfer. For yarns dyed individually to order, the delivery time is extended by approximately one week.
5.3 If an ordered item is unavailable, we will inform you without undue delay. Any payments already made will be refunded without undue delay.
5.4 For consumers, the risk of accidental loss and accidental deterioration of the goods passes to you only upon handover of the goods (§ 475(2) German Civil Code).
6) Retention of Title
The goods remain our property until payment has been made in full.
7) Right of Withdrawal
Consumers have a statutory right of withdrawal. The details are set out in our instructions for cancellation, which are also sent to you in text form with the order confirmation. You can also declare your withdrawal online using the withdrawal form.
8) Liability for Defects (Warranty)
8.1 The statutory law on liability for defects applies.
8.2 We are under a legal duty to supply goods that are free from material, manufacturing and legal defects. If the goods delivered are defective, you have the statutory warranty rights (supplementary performance, price reduction, withdrawal, damages). These rights are free of charge and are not restricted by any guarantee. The limitation period for claims based on defects is two years from delivery for new goods.
8.3 Hand-dyed yarns are natural products. Variations in colour, colour gradient and texture between individual skeins and in comparison with the product image are inherent in the manufacturing process and do not constitute a defect, insofar as they are customary in the trade and typical of hand-dyed goods. We recommend using yarns from the same dye lot for a single project.
9) Liability
9.1 We are liable without limitation for damage arising from injury to life, body or health, for intent and gross negligence, and under the German Product Liability Act.
9.2 In the event of slightly negligent breach of an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance you may regularly rely, our liability is limited to the foreseeable damage typical of this type of contract at the time the contract was concluded.
9.3 Liability is otherwise excluded.
10) Alternative Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11) Final Provisions
11.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you have your habitual residence in another country, the mandatory consumer protection provisions of that country remain unaffected (Art. 6(2) Rome I Regulation).
11.2 Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of the invalid provision.