Terms and conditions
11.06.2010
This is a free translation of our german terms and conditions for your information. Please note that www.Stoff-Schmie.de is based in Berlin. In all legal matters the law of the Federal Republic of Germany and the German terms and conditions are binding, even if the customer is living abroad.
(1) What are the terms and conditions for?
The terms are part of any contract between Becker & Karsten UG (haftungsbeschränkt) and its customers (hereinafter referred to as fabric buyer). Other conditions (except the Terms of Use & Privacy Policy) are not part of the contract. All goods and services are provided by Becker & Karsten UG (haftungsbeschränkt) according to these Terms.
(2) Who is fabric buyer?
Fabric buyer under these conditions are people ordering products offered on this website.
(3) Who is providing this service?
Owner of the website www.Stoff-Schmie.de is:
Becker & Karsten UG (haftungsbeschränkt),
Sandhauser Straße 107,
13505 Berlin,
phone. +49 30 609851961,
mail: kontakt@stoff-schmie.de
represented by Olaf Karsten, Andreas Becker
HRB 120030 (Amtsgericht Berlin Charlottenburg).
(4) What can you order?
www.Stoff-Schmie.de offers custom made fabrics and patterns, which are made to customer specifications or which are clearly tailored to personal needs. This is particularly true for your desired size, desired design and desired quality.
(5) Information on copyright and use rights
www.Stoff-Schmie.de is not the copyright owner of presented fabric designs. Every author of fabric designs has accepted the Terms of Use & Privacy Policy of www.Stoff-Schmie.de. By uploading and storing designs on the servers of www.Stoff-Schmie.de the author gives an unqualified general right for Becker & Karsten UG (haftungsbeschränkt) to use them:
- for printing on fabrics
- for selling printed fabrics
This means we can use your designs in this commercial way.
In the case of freely available, public fabric designs in the gallery on www.Stoff-Schmie.de - the copyright owner gives the customer a right to use the printed fabrics to process and to distribute in their commercial way.
The author / owner of copyrights warrants that it owns all rights to the shared content. This includes any copyrights, patent rights or other rights of third parties.
(6) Registration
In order to buy fabrics on this site, you have to register as a fabric maker. Please note our Privacy Policy according to this. We limit the required information when registering to a minimum. It is therefore necessary that you fill out this information correctly and truthfully. For damages caused by incorrect information in the registry, the fabric buyer is liable.
Furthermore, the fabric buyer is responsible for maintaining the confidentiality of his assigned password. Any third-party unauthorized use is immediately communicated to kontakt@stoff-schmie.de. www.Stoff-Schmie.de is not liable for damages resulting from the unauthorized use of this information by third parties.
(7) Contract
The information provided on our website represent only the solicitation of an offer to buy.
The fabric buyer makes a binding offer to conclude a sales contract by sending the order form on the web. During the order process the fabric buyer has several times the possibility to check their entries for accuracy and correctness.
We, Karsten Becker & UG (limited liability) as a provider of www.Stoff-Schmie.de confirm the buyers receipt of this offer by e-mail (confirmation) and start working.
We reserve the right to decline orders within the legal period of acceptance if the production can not be guaranteed. The customer will be informed in case of a non-availability of the good. A refund of what was already paid by the customer, takes place immediately.
Therefore the order confirmation means no acceptance of the offer, but informs the fabric buyer, that we have taken note of their order.
Only with the delivery of ordered products the contract between buyer und Stoff-Schmie.de is binding for both sides. For this www.Stoff-Schmie.de sends an order and shipping confirmation to the customer (the second official email to the fabric buyer).
(8) How can I return my fabric?
The right of withdrawal according to § 312 para 4 No. 1 BGB does not apply to contracts for the supply of goods that are produced according to customer specifications or which are clearly tailored to your individual needs. This is particularly true for your desired size, desired design and desired quality custom-made fabrics.
In all other cases we have this regular return policy. Notice and information about consumers' right to cancel as defined by § 13 BGB (German Civil Code)
Notice of the right to cancel
You are entitled to cancel your order in writing (e.g. letter, fax, e-mail) within 14 days without giving any reasons or – if the goods have been delivered to you before the end of that period – by returning the goods. The period begins following receipt of this notice in writing, however not before receipt of the goods by the recipient (in the case of recurring delivery of the same type of goods, not before receipt of the first part delivery) and also not before performance of our duties to inform in accordance with article 246 § 2 in conjunction with § 1 Para. 1 and 2 EGBGB (Introductory Law to the German Civil Code) and our duties in accordance with § 312e Para. 1 Sentence 1 BGB in conjunction with article 246 § 3 EGBGB. The cancellation period shall be deemed to be observed if the cancellation or the goods are sent in good time. The cancellation is to be sent to:
Becker & Karsten UG (haftungsbeschränkt)
Sandhauser Strasse 107
13505 Berlin
Germany
or by e-mail to: kontakt@stoff-schmie.de.
Consequences of cancellation
In case of an effective cancellation, the any goods or payments received by either party are to be returned and any benefits that may have been obtained (e.g. interest) are to be repaid. If you are partly or wholly unable to return the goods to us or only in a deteriorated condition, you must compensate us accordingly. This does not apply to the delivered goods if the deterioration in their condition is solely due to your checking them – as you would be able to in a shop. Otherwise, you can avoid the obligation to pay compensation for any deterioration resulting from proper intended use of the goods by not using them as if they were your property and by avoiding any activity which could adversely affect their value. Goods which can be sent as a parcel are to be returned at our risk. You have to pay the costs of the return if the delivered goods are as ordered and if the price of the goods to be returned does not exceed 40 euro or, if the price of the goods is higher, if you have not yet paid for the goods or made a contractually agreed partial payment by the time of the cancellation. Otherwise the return is free of charge for you. Goods which cannot be sent as a parcel will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. For you the period begins when you send your notice of cancellation or the goods, for us it begins on receipt.
End of the notice of the right to cancel
(9) Prices and delivery costs
All prices are intended for private customers and include a VAT of 19% within the European Union (EU). Out of the EU we show net prices to the customers.
The shipping costs depend on location and selected shipping method. Currently, the following shipping costs:
- in Germany
o a general delivery charge of 3.95 €
o only coupon delivery/fabric swatch: 1.95 €
- in Europe (EU) for example Austria
o only coupon delivery/fabric swatch: 1.95 €
o up to 10€ order value: 3.95 €
o from 10€ order value: 5.95 € + 5% of order value
- in the rest of the world like for example Switzerland
o only coupon deslivery/fabric swatch: 1.95 €
o up to 10€ order value: 3.95 €
o from 10€ order value: 5.95 € + 10% of order value
Due to legal regulations of the country you can have additional costs at the delivery location in the form of VAT and import duties. These are paid by the consignee of the goods themselves.
(10) Payment
We offer you several options for payment, either by Paypal or bank transfer. Some services provided by third parties (for example Paypal). The transaction itself, subject to the terms of the relevant service providers. You can always pay in advance. The amount is then paid into the account of Becker & Karsten UG (haftungsbeschränkt), Postbank Berlin, IBAN: DE26100100100007850100, BIC: PBNKDEFF.
(11) When is your product shipped?
We ship the fabrics normally after 20 working days from the date of payment in our account. On any different delivery times due to delays in production, we inform you directly. Deliveries to other countries vary by country.
(12) Retention of title
The goods remain the property of Becker & Karsten UG (haftungsbeschränkt) until you have paid in full.
(13) Warranty
Specifications, drawings, pictures, technical data, weight, dimensions and performance specifications contained in brochures, catalogs, circulars, advertisements or price lists only are of an informational nature. www.Stoff-Schmie.de does not guarantee the accuracy of this information. Regarding the nature and scope of delivery only the information contained in the order and shipping confirmation information is crucial.
A warranty for the fading and the water resistance of printed material over time is not given by us.
(14) What other deviations may occur to the fabrics?
In the processing of pure natural fibers and mixtures can always occur a number of unforeseen deviations.
These variations in size, weight, material composition, design and trimming of the product may differ slightly but not significantly from the advertised products.
These arise, for example by steaming, washing and ironing of the fabrics after printing. Intake values for the laundering of up to 6% depending on the nature of the fabric are possible.
Another technology-related variation can affect the colors of the print products. Colors on monitors are different from produced colors on fabrics. The conversion of RGB / CMYK colors to Lab is only one reason for this.
This difference and the natural whiteness of cotton fibers or cellulose fibers in viscose is not even considered. Black and white printed materials can get through the technical production process a slightly tint.
The customer acknowledges that there may be minor deviations of the delivered goods to the descriptions and information in our written or electronic documents due to technical production processes.
Complaints, credits and spare prints are excluded in this regard as these have technical reasons, no error conditions.
(15) Ineffectiveness of individual provisions
If any provision of these Terms and Conditions be or become invalid, then the validity of other provisions will remain.
Note: Of course we only want happy customers. If, once a circumstance arise, which clouded your happiness, just contact us. We are sure to find a solution that you can smile again.
Call us: +49 30 609851961
Or mail: kontakt@stoff-schmie.de
