Conditions d’utilisation

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 Terms
  5. Delivery and Shipping Conditions
  6. Granting of Usage Rights for Digital Content
  7. Retention of Title
  8. Warranty Liability (Guarantee)
  9. Liability
  10. Redemption of Promotional Vouchers
  11. Redemption of Gift Vouchers
  12. Applicable Law
  13. Jurisdiction
  14. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of wooltastic UG (limited liability) (hereinafter "we/us") apply to all contracts for the delivery of goods that you as a consumer or entrepreneur (hereinafter "you") conclude with us regarding the goods presented by us in our online shop. We hereby object to the inclusion of your own terms and conditions unless we have agreed otherwise with you.

1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated.

1.3 These terms and conditions apply accordingly to contracts for the provision of digital content, unless otherwise regulated. Digital content within the meaning of these terms and conditions means data created and provided in digital form.

1.4 You are considered a consumer within the meaning of these terms and conditions if you conclude a legal transaction for purposes that are predominantly neither attributable to your commercial nor your independent professional activity.

1.5 You are considered an entrepreneur within the meaning of these terms and conditions if you are a natural or legal person or a legally capable partnership acting in the exercise of your commercial or independent professional activity when concluding a legal transaction.

1.6 If your delivery and billing address is in Switzerland or Liechtenstein, the following conditions apply with the provision that MeinEinkauf AG, Fürstenlandstrasse 35, 9000 St. Gallen, Switzerland (hereinafter "MeinEinkauf") becomes your contractual partner instead of us. In this case, we act solely as an intermediary between you and MeinEinkauf and do not become a party to the purchase contract ourselves. You are expressly informed of this in our online shop. MeinEinkauf is responsible for contract processing in this case. We handle correspondence with you on behalf of MeinEinkauf. This also applies to correspondence related to any performance issues, especially when asserting warranty rights by you.

2) Conclusion of Contract

2.1 The product descriptions contained in our online shop do not constitute binding offers on our part but serve to submit a binding offer by you.

2.2 You can submit the offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contract offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 We can accept your offer within five days,

  • by sending you a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by you is decisive, or
  • by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
  • by requesting payment from you after you have placed your order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when the first of the aforementioned alternatives occurs. The deadline for acceptance of your offer begins the day after you submit your offer and ends at the end of the fifth day following the submission of the offer. If we do not accept your offer within the aforementioned period, this is considered a rejection of the offer, meaning you are no longer bound by your declaration of intent.

2.4 If you select a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the PayPal terms of use, which can be viewed at https://www.paypal.com/en/legalhub/paypal/useragreement-full or – if you do not have a PayPal account – under the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/en/legalhub/paypal/privacywax-fullIf you pay using a payment method offered by PayPal selectable during the online ordering process, we hereby declare acceptance of your offer at the moment you click the button that completes the ordering process.

2.5 When ordering through our online order form, we save the contract text after the contract is concluded and send it to you in text form (e.g., email, fax, or letter) after you submit your order. We do not provide any further access to the contract text. If you have created a user account in our online shop before submitting your order, your order data will be archived on our website and can be accessed by you free of charge via your password-protected user account using the corresponding login details.

2.6 Before submitting your order bindingly via our online order form, you can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors can be the zoom function of your browser, which enlarges the display on the screen. You can correct your entries during the electronic ordering process as long as you use the usual keyboard and mouse functions until you click the button that completes the ordering process.

2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact usually take place via email and automated order processing. You must ensure that the email address you provide for order processing is correct so that emails sent by us can be received at this address. In particular, if you use spam filters, you must ensure that all emails sent by us or by third parties commissioned by us for order processing can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in our cancellation policy.

4) Prices and payment terms

4.1 Unless otherwise stated in our product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which we are not responsible for and which you must bear. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfers even if the delivery is not made to a country outside the European Union, but you make the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to you in our online shop.

4.4 When selecting a payment method offered through the payment service "PayPal," the payment processing is carried out via PayPal, which may also use the services of third-party payment providers. If we also offer payment methods via PayPal where we advance payment to you (e.g., invoice purchase or installment payment), we assign our payment claim to PayPal or the payment service provider commissioned by PayPal and specifically named to you. Before accepting our assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. We reserve the right to refuse the selected payment method in case of a negative credit check result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, you can only make payments to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, even in the case of assignment of claims, we remain responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credit notes.

4.5 When selecting the payment method "Sofortüberweisung," the payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Sofortüberweisung," you must have an online banking account enabled for participation in "Sofortüberweisung," identify yourself accordingly during the payment process, and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna, and your bank account is debited. More information about the payment method "Sofortüberweisung" can be found on the internet at https://www.klarna.com/sofort/ access.

4.6 When selecting a payment method offered through the payment service "Shopify Payments," the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to you in our online shop. For payment processing, Stripe may use additional payment services, which may be subject to special payment conditions that you will be informed about separately if applicable. More information about "Shopify Payments" can be found on the internet at https://www.shopify.com/legal/terms-payments-en available.

4.7 If you choose a payment method offered via the payment service "Stripe," the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to you in our online shop. For payment processing, Stripe may use other payment services, which may have special payment conditions that you will be informed about separately if applicable. Further information about Stripe is available on the internet at https://stripe.com/en available.

4.8 If you choose a payment method offered via the payment service "Stripe," the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to you in our online shop. For payment processing, Stripe may use other payment services, which may have special payment conditions that you will be informed about separately if applicable. Further information about Stripe is available on the internet at https://stripe.com/en available.

4.9 If you choose a payment method offered via the payment service "Klarna," the payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be viewed here:

https://gute-garne.de/pages/payment-options

4.10 If you choose the payment method invoice purchase, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 30 days from the invoice date without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The invoice purchase payment method requires a successful credit check by Klarna AB. If the invoice purchase payment method is allowed after credit check, the payment processing is done in cooperation with Klarna AB, to whom we assign our payment claim. In this case, you can only make payment to Klarna AB with discharging effect. Otherwise, the General Terms and Conditions of Klarna AB apply, which you can access during the ordering process. We reserve the right to offer the invoice purchase payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, we will inform you of the payment restriction in our payment information in the online shop.

5) Delivery and Shipping Conditions

5.1 If we offer shipping of the goods, delivery will be made within the delivery area specified by us to the delivery address you provide, unless otherwise agreed. The delivery address specified in our order processing is decisive for the transaction.

5.2 If delivery of the goods fails for reasons for which you are responsible, you will bear the reasonable costs incurred by us as a result. This does not apply to the costs of sending if you effectively exercise your right of withdrawal. For return shipping costs, the regulation set out in our cancellation policy applies if you effectively exercise your right of withdrawal.

5.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to you upon delivery of the goods to you or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to you as a consumer as soon as we have delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment if you have commissioned the carrier, freight forwarder, or other person or institution designated to carry out the shipment and we have not previously named this person or institution to you.

5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not our fault and we have concluded a specific coverage transaction with the supplier with due diligence. We will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded to you immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to you as follows:

- by email

5.7 Digital content will be provided to you as follows:

  • by download
  • by email

6) Granting of usage rights for digital content

6.1 Unless otherwise stated in the content description in our online shop, we grant you a non-exclusive, unlimited in time and place right to use the provided content exclusively for private purposes.

6.2 Passing on the content to third parties or creating copies for third parties outside the scope of these terms and conditions is not permitted unless we have agreed to the transfer of the contractual license to the third party.

6.3 If the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when you have fully paid the contractually owed remuneration. We may also provisionally allow use of the contractual content before this time. No transfer of rights takes place through such provisional permission.

7) Retention of title

If we advance payment, we reserve ownership of the delivered goods until full payment of the purchase price owed.

8) Warranty for defects (guarantee)

Unless otherwise provided in the following regulations, the provisions of statutory warranty apply. Deviating from this, in contracts for the delivery of goods:

8.1 If you act as an entrepreneur,

  • we have the choice of the type of subsequent performance;
  • the limitation period for defect rights for new goods is one year from delivery of the goods;
  • the rights to defects are excluded for used goods;
  • the limitation period does not start anew if a replacement delivery is made within the scope of the warranty.

8.2 The above-regulated limitations of liability and shortening of periods do not apply

  • for your claims for damages and reimbursement of expenses,
  • in the event that we have fraudulently concealed the defect,
  • for goods that have been used in accordance with their usual manner of use for a building and have caused its defectiveness,
  • for any possible obligation on our part to provide updates for digital products, in contracts for the delivery of goods with digital elements.

8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

8.4 If you act as a merchant within the meaning of § 1 HGB, the commercial duty to inspect and give notice of defects according to § 377 HGB applies to you. If you fail to comply with the notification obligations regulated there, the goods are deemed approved.

8.5 If you act as a consumer, you are requested to report delivered goods with obvious transport damage to the carrier and inform us accordingly. Failure to do so has no effect on your statutory or contractual warranty claims.

9) Liability

The seller is liable to you for all contractual, quasi-contractual, and statutory, including tortious claims for damages and reimbursement of expenses as follows:

9.1 We are fully liable on any legal grounds

  • in case of intent or gross negligence,
  • in case of intentional or negligent injury to life, body, or health,
  • due to a warranty promise, unless otherwise regulated in this regard,
  • due to mandatory liability such as under the Product Liability Act.

9.2 If we negligently breach a material contractual obligation, liability is limited to the typical, foreseeable damage under the contract, unless we are liable without limitation according to the above clause. Material contractual obligations are obligations that the contract imposes on us according to its content to achieve the contract's purpose, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely.

9.3 Otherwise, our liability is excluded.

9.4 The above liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.

10) Redemption of Promotional Vouchers

10.1 Vouchers that we issue free of charge as part of promotional campaigns with a specific validity period and that you cannot purchase (hereinafter "promotional vouchers") can only be redeemed in our online shop and only within the specified period.

10.2 Promotional vouchers can only be redeemed by you as a consumer.

10.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of your promotional voucher.

10.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

10.5 Only one promotional voucher can be redeemed per order.

10.6 If our promotional voucher refers to a specific value and not a percentage discount, your order value must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by us.

10.7 If the value of the promotional voucher is not sufficient to cover your order, you can choose one of the other payment methods we offer to pay the difference.

10.8 The balance of a promotional voucher will neither be paid out in cash nor bear interest.

10.9 The promotional voucher will not be refunded if you return the goods paid for in whole or in part with the promotional voucher within your statutory right of withdrawal.

10.10 The promotional voucher is transferable. We can fulfill the obligation with liberating effect to the respective holder who redeems the promotional voucher in our online shop. This does not apply if we have knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity, or lack of representation authority of the respective holder.

11) Redemption of Gift Vouchers

11.1 Vouchers that can be purchased through our online shop (hereinafter "gift vouchers") can only be redeemed in our online shop, unless otherwise stated on the voucher.

11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of purchase. Remaining balances will be credited to you until the expiration date.

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

11.4 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

11.5 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by us can be chosen to pay the difference.

11.6 The balance of a gift voucher will neither be paid out in cash nor bear interest.

11.7 The gift voucher is transferable. The seller can fulfill its obligation by rendering performance to the respective holder who redeems the gift voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity, or lack of power of representation of the respective holder.

12) Applicable Law

For all legal relationships between us, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. If you act as a consumer, this choice of law applies only insofar as the protection granted to you by mandatory provisions of the law of the state in which you have your habitual residence is not withdrawn.

13) Place of Jurisdiction

If you act as a merchant, legal entity under public law, or special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. If your registered office is outside the territory of the Federal Republic of Germany, our place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to your professional or commercial activity. However, in the aforementioned cases, we are in any case entitled to bring an action before the court at your place of business.

14) Alternative Dispute Resolution

We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.