General Terms and Conditions with Customer Information

Overview

1. Scope of Application
2. Offers and Descriptions of Services
3. Conclusion of Contract
4. Prices and Shipping Costs
5. Delivery, Product Availability
6. Payment Terms
7. Retention of Title
8. Warranty and Guarantee
9. Liability
10. Right of Withdrawal
11. Storage of the Contract Text
12. Final Provisions

1. Scope of Application
1.1. These Terms and Conditions apply exclusively to the business relationship between [Creative Cotton e.U., Owner: Michael Januska, Adelheid-Popp-Gasse 16/1A, 1220 Vienna] (hereinafter referred to as the “Seller”) and the customer (hereinafter referred to as the “Customer”) in their version valid at the time of the order.

1.2 You can reach our customer service for questions, complaints and objections on weekdays from [9:00 UHR] to [18:00 UHR] by telephone at [0043 6767820607] and by e-mail at [office@creativecotton .de].

1.3. A “consumer” in the sense of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither for their commercial nor their self-employed professional activity (§ 13 BGB).

1.4. Deviating conditions of the customer will not be recognized unless the seller has expressly agreed to their validity.

2. Offers and Descriptions of Services
The presentation of products in the online shop does not constitute a legally binding offer but an invitation to submit an order. Descriptions of services in catalogs and on the Seller’s website do not constitute a warranty or guarantee. All offers are valid “while supplies last,” unless otherwise stated for the products. Errors are reserved.

3. ordering process and conclusion of contract
3.1 The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart via the button [in den Warenkorb]. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then proceed to complete the order process within the shopping cart by clicking on [Weiter zur Kasse].

3.2 By clicking on [zahlungspflichtig bestellen], the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).

3.3. The Seller will send the customer an automatic acknowledgment of receipt by email, in which the customer’s order is listed again and can be printed out using the “Print” function. The automatic acknowledgment of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the offer. The contract is concluded when the seller ships the ordered product to the customer within two days, delivers it, or confirms the shipment within two days by a second email, explicit order confirmation, or sending of the invoice.

4. Prices and Shipping Costs
4.1. All prices listed on the Seller’s website include the applicable statutory VAT.

4.2. In addition to the listed prices, the Seller charges shipping costs for delivery to many countries. Delivery within the EU is free. For customers in Switzerland, the prices are shown without VAT and shipping costs . For deliveries to Switzerland, a shipping flat rate of 6.99 Euro per order is charged. Any applicable taxes and customs duties are to be borne by the customer. Prices for our customers from Switzerland are shown without VAT and shipping fees.

A flat shipping fee of 6.99 euros per order is charged for shipments to Switzerland. All taxes and customs duties are borne by the customers.

5. Delivery, Product Availability

5.1. If delivery of the goods fails due to the fault of the customer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.

5.2. If the ordered product is not available and the seller is unable to obtain it from their supplier through no fault of their own, they may withdraw from the contract. In this case, the seller will inform the customer immediately and may suggest a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, any payments made will be refunded immediately.

5.3. Customers will be informed about delivery times and delivery restrictions (e.g., limitations to certain countries) on a separate information page or within the respective product description.

6. Payment Terms
6.1. The customer can choose from the available payment options before completing the order process. Customers will be informed about the available payment methods on a separate information page.

6.2. If payment by invoice is possible, the payment must be made within 10 days after receipt of the goods and the invoice. For all other payment methods, payment is due in advance without any deductions.

6.3. If third parties are engaged in processing the payment, e.g., PayPal, their terms and conditions apply.

6.4. If the due date for payment is determined by the calendar, the customer is in default by missing the date. In this case, the customer must pay statutory default interest.

6.5. The customer’s obligation to pay default interest does not exclude the seller from claiming further damages caused by the delay.

6.6. The customer is only entitled to set-off if their counterclaims have been legally established or are acknowledged by the seller. The customer may exercise a right of retention only if the claims arise from the same contractual relationship.

7. Retention of Title
Until full payment has been made, the delivered goods remain the property of the seller.

8. Warranty and Guarantee
8.1. The warranty is governed by the statutory provisions.

9. Liability
9.1. The seller’s liability for damages is subject to the following exclusions and limitations, irrespective of other statutory requirements.

9.2. The seller is fully liable if the cause of the damage is due to intent or gross negligence.

9.3. Furthermore, the seller is liable for the slight negligence in the violation of essential obligations, the fulfillment of which is necessary for the proper execution of the contract and upon which the customer regularly relies. However, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slight negligence in the violation of other obligations than those mentioned in the previous sentences.

9.4. The above liability limitations do not apply in case of injury to life, body, and health, for defects after assuming a warranty for the quality of the product, and in cases of fraudulent concealment of defects. Liability under the Product Liability Act remains unaffected.

9.5. To the extent the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and other assistants.

10. Right of Withdrawal

The customer has the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which the customer or a third party designated by them, who is not the carrier, took possession of the goods.

To exercise the right of withdrawal, the customer must contact us ([Creative Cotton e.U. , owner: Michael Januska, Adelheid-Popp-Gasse 16/1A 1220 Vienna], telephone number: [0043 6767820607], E-Mail: [office@creativecotton .de]) by means of a clear statement (e.g. a letter sent by post or e-mail) of his decision to withdraw from this contract.

To exercise the right of withdrawal, the customer must notify the seller of their decision to withdraw from the contract before the withdrawal period has expired.

Consequences of Withdrawal

If the customer withdraws from the contract, we will reimburse all payments received from the customer, including delivery costs (except for additional costs arising from the customer choosing a delivery method other than the cheapest standard delivery offered by us), without delay and no later than fourteen days from the day we are informed of the withdrawal from this contract. For this reimbursement, we will use the same payment method the customer used for the original transaction unless expressly agreed otherwise with the customer; in no case will the customer incur any charges for this reimbursement.

We may refuse the reimbursement until we have received the goods back or the customer has provided evidence that they have sent the goods back, whichever is earlier.

The customer must return the goods without delay and in any event within fourteen days from the day they notify us of the withdrawal from this contract. The period is met if the customer sends the goods back before the period of fourteen days has expired.

The seller shall bear the costs of the return shipment, provided the goods are unused and in as-new condition.

11. Storage of the Contract Text
11.1. The customer can print the contract text before submitting the order to the seller by using the print function of their browser in the final step of the ordering process.11. Speicherung des Vertragstextes
11.1. Der Kunde kann den Vertragstext vor der Abgabe der Bestellung an den Verkäufer ausdrucken, indem er im letzten Schritt der Bestellung die Druckfunktion seines Browsers nutzt.

11.2. The seller will also send the customer an order confirmation with all order details to the email address provided by them. With the order confirmation, and at the latest with the delivery of the goods, the customer will also receive a copy of the terms and conditions, the cancellation policy, and information on shipping costs, delivery, and payment conditions. If the customer has registered in our shop, they can view their placed orders in their profile area. Furthermore, we store the contract text but do not make it publicly accessible on the internet.
12. Final Provisions
12.1. The place of jurisdiction and performance is the seller’s location if the customer is a merchant, a legal entity under public law, or a special fund under public law. For consumers, the statutory jurisdiction applies.

12.2. The contract language is German.

12.3 Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. If an obligation exists, we will participate in dispute resolution.