General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Promotional Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Code of Conduct
13. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Katharina Eberius, trading under "Kathienchen Yarns" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller concerning the goods presented by the Seller in their online shop. The inclusion of the Customer's own terms is hereby objected to unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise specified.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers from the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods in the shopping cart by clicking the button that concludes the ordering process. The Customer can also submit the offer to the Seller by email.

2.3 The Seller can accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or a confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives are applicable, the contract is concluded at the time when one of the alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), subject to the PayPal User Agreement available at PayPal User Agreement or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at PayPal Privacy Terms. If the Customer selects a PayPal payment method during the order process, the Seller hereby accepts the Customer’s offer at the time the Customer clicks the button concluding the order process.

2.5 If "Amazon Payments" is selected, payment is processed via Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg ("Amazon"), subject to the Amazon Payments Europe user agreement available at Amazon Payments Help. By clicking the order completion button, the Customer also authorizes Amazon to process the payment, and the Seller accepts the offer at that point.

2.6 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the order is submitted. No further accessibility of the contract text is provided. If the Customer has created a user account in the online shop before submitting the order, the order data is archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected user account using their login data.

2.7 Before submitting a binding order via the Seller’s online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. A helpful technical means for better detecting input errors can be the browser's zoom function. The Customer can correct their entries during the electronic order process using standard keyboard and mouse functions until clicking the button concluding the order process.

2.8 Different languages may be available for the conclusion of the contract. The available languages are shown in the online shop.

2.9 Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct and that emails sent by the Seller or third parties commissioned with the order processing can be received at that address. In particular, when using spam filters, the Customer must ensure that all emails related to the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Detailed information on the right of withdrawal is provided in the Seller’s withdrawal policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the Seller is not responsible for and which the Customer must bear (e.g., fees for money transfers by credit institutions, customs duties, or taxes). Such costs related to money transfers can also arise if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The available payment methods are communicated to the Customer in the Seller’s online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract unless a later due date has been agreed.

4.5 If a PayPal payment method involving a credit arrangement is selected, PayPal (or a designated third party) may conduct a credit check. The Seller may decline the selected payment method based on the result. In such cases, payment can only be made to PayPal with debt-discharging effect. The Seller remains the point of contact for general queries.

4.6 If a payment method via Stripe is selected, payment is processed through Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. Further conditions and details about Stripe’s services are available at https://stripe.com/de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping, delivery will be made to the delivery address specified by the Customer within the specified delivery area, unless otherwise agreed.

5.2 If delivery fails for reasons attributable to the Customer, the Customer must bear the reasonable costs incurred by the Seller. This does not apply to the original shipping costs if the Customer exercises the right of withdrawal.

5.3 If the Customer is an entrepreneur, the risk of accidental loss and deterioration passes to the Customer once the Seller has handed the item over to the shipping provider. If the Customer is a consumer, risk generally passes upon delivery unless the Customer arranged the shipment independently, in which case risk passes upon handover to the carrier.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply, provided the Seller is not responsible and has made a reasonable covering purchase. In such cases, the Customer will be promptly informed, and payments refunded.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

• by email
• by post

6) Retention of Title

If the Seller delivers in advance, ownership of the delivered goods remains with the Seller until full payment of the purchase price.

7) Liability for Defects (Warranty)

Unless otherwise specified below, statutory provisions apply regarding liability for defects. For contracts concerning the delivery of goods, the following applies:

7.1 If the Customer is an entrepreneur:

• The Seller has the right to choose the type of supplementary performance.
• The limitation period for defect claims is one year for new goods.
• Warranty for used goods is excluded.
• The limitation period does not restart upon replacement delivery.

7.2 The above limitations do not apply:

• to claims for damages and reimbursement of expenses by the Customer,
• if the Seller has fraudulently concealed the defect,
• to goods used for a building in a way that caused its defectiveness,
• to any obligation of the Seller to provide updates for digital products, in contracts for goods with digital elements.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The Seller is fully liable for any legal reason in the event of intent or gross negligence, in the case of intentional or negligent injury to life, body or health, on the basis of a guarantee promise, unless otherwise stipulated, and due to mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, the liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies under Section 8.1. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the contractual purpose, whose fulfillment is essential for the proper execution of the contract, and on whose compliance the Customer may regularly rely.

8.3 Any further liability of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotions with a certain validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

9.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other offered payment methods can be chosen to settle the difference.

9.7 The balance of a promotional voucher is neither paid out in cash nor bears interest.

9.8 The promotional voucher will not be refunded if the Customer returns the goods fully or partially paid for with the promotional voucher within the scope of their statutory right of withdrawal.

9.9 The promotional voucher is transferable. The Seller can make payments with discharging effect to the respective holder redeeming the promotional voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or lack of authorization of the respective holder.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.

10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances are credited to the Customer until the expiry date.

10.3 Gift vouchers can only be redeemed before completing the order process. Subsequent redemption is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

10.6 If the value of the gift voucher is not sufficient to cover the order, the difference can be settled using one of the other payment methods offered by the Seller.

10.7 The balance of a gift voucher is neither paid out in cash nor bears interest.

10.8 The gift voucher is transferable. The Seller can make payments with discharging effect to the respective holder redeeming the gift voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or lack of authorization of the respective holder.

11) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12) Code of Conduct

The Seller has submitted to the following code(s) of conduct:

• Händlerbund Code of Conduct

13) Alternative Dispute Resolution

13.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for out-of-court settlements of disputes arising from online purchase or service contracts involving a consumer.

13.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.