General Terms and Conditions

§ 1  Scope

§ 2  Conclusion of Contract

§ 3  Prices

§ 4  Terms of Delivery

§ 5  Terms of Payment

§ 6  Licences

§ 7  Right of Revocation

§ 8  Liability


§ 1 Scope

These terms and conditions apply to all contracts entered into by a consumer (hereinafter “customer”) with the seller Beate Kalauch, Rönneburger Freiheit 30, 21079 Hamburg (hereinafter “Gabrielles Embroidery”) through the online shop www.gabrielles-embroidery.com.

A consumer within these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that may be attributed neither to their commercial nor to their independent vocational activity.


§ 2 Conclusion of Contract

§ 2.1 Product descriptions contained in Gabrielles Embroidery’s online shop are intended for the submission of a binding offer by the customer.  For a binding offer the following steps are necessary:

          1. The product has to be added to the cart by clicking the button [add to cart].

          2. On “Shopping Cart” the customer has to click on the button [checkout] to begin the checkout.

          3. First an account has to be opened or established. The account is essential because the files will be provided there for download.

          4. Then the payment method PayPal has to be confirmed on the site “Choose payment method” by clicking on the button [next].

          5. Finally after having read and accepted

              - the general terms
              - the right of revocation
              - and that the executing of the contract by Gabrielles Embroidery will take place before the period of revocation
                has expired and will therefore cause the loss of the right of revocation

              by clicking the control fields – the binding offer has to be confirmed by clicking the button [confirm purchase].

All products on www.gabrielles-embroidery.com are sold for private use.

§ 2.2 Gabrielles Embroidery can accept the customer’s offer within two days by sending an order confirmation via e-mail or by making the digital content available.


§ 3 Prices

Prices quoted on the website are final prices including the legal German VAT.


§ 4 Terms of delivery

§ 4.1 Delivery takes place by providing the digital files in the account of the buyer.

§ 4.2 Files will be provided directly after the payment has taken place for at least 14 days. Gabrielles Embroidery is not bound to provide the files for a longer period. 

§ 4.3 The customer is responsible for downloading the provided files.


§ 5 Terms of Payment

§ 5.1 Payment can be effected through PayPal.

§ 5.2 If the customer wants pre-payment instead the order confirmation will quote the necessary information as bank account and order number. Payment has to be made within ten days.


§ 6 Licences

By downloading the digital content (“embroidery designs”) the customer gains the right to sew these embroidery designs for his personal use.
The design file may not be distributed in any format, original or edited, or by any method.

You are allowed to edit the design but the edited design file is also copyrighted by GabriellesEmbroidery and may not be distributed, shared or sold.


§ 7 Revocation

§ 7.1 Consumers have the right to declare the revocation of their contractual statement within 14 days.




Revocation

Consumers have a right of rescission in accordance with the following terms; here consumer is any natural person who enters into a legal transaction for a purpose that may be attributed neither to their commercial nor their independent vocational activity.


 

Right of Revocation

 

You may declare the revocation of your contractual statement within fourteen days without giving reasons.


The time limit begins at the day the contract is made. The revocation must be sent to Gabrielles Atelier Beate Kalauch, Rönneburger Freiheit 30, 21079 Hamburg, Tel. ++4940 52982385, Fax ++4940 52982386, E-Mail: info@gabrielles-embroiders.com. You have to declare the revocation unmistakably either by sending a letter, telefax or E-Mail.


The declaration is declared in time as long as it is sent off within the fourteen days period.



Consequences of Revocation

 

In case of a valid revocation, the received payments are to be restituted including the costs of standard delivery. If you have chosen another way of delivery, additional costs are not to be restituted.


Repayments have to be made within fourteen days after the receipt of the revocation.

End of the revocation instruction


§ 7.2 There is no right of revocation for digital goods (e.g. embroidery designs), that are provided for downloads,as soon as the download has taken place.


§ 8 Liability of Defects

The statutory liability applies.

Gabrielles Embroidery will not be liable for any consequential damages resulting from the usage of the embroidery designs.