Terms and Conditions

Terms and Conditions

 

1. Scope of application, legal language

 

The services and products from www.strickmich-club.de are supplied by Strickmich! e.K., Dorfstr. 2, 23824 Damsdorf. The legal language for all contracts and agreements is German. By using the site and purchasing any product you agree to the German AGB. These Terms and Conditions are an unofficial translation for information purposes, only the German AGB are legally binding.

 

2. Subject matter of the contract

Subject matter of the contract for “Strickmich! Club” is the sale of goods as part of a subscription. The subscription consists of 4 shipments which will be delivered during the course of one year. The first shipment will arrive not before January of the Club year. Each shipment contains one new knitting pattern designed by Martina Behm as well as matching handcrafted yarn as skein. The contract does not entitle the customer to a specific type, color of yarn nor to a specific dyer. All claims and sales on the webpage are subject to availability. Strickmich! Club reserves the right to exchange the yarn of a dyer that has been introduced with another yarn from another dyer. The subscription will run for one year and will not renew itself automatically. The shipments can not be purchased separately.

 

3. Contracting party

3.1 The purchasing contract is formed with Strickmich! e.K., Dorfstr. 2, 23824 Damsdorf („Strickmich! Club“ hereafter)

3.2. You can reach us with questions by email at: info(at)strickmich- club.de.

 

4. Ordering, closure of contract

4.1 All offers on the Strickmich! Club website are non-binding and do not constitute offers in the legal sense. They are rather a request for the customer to make an offer to Strickmich! Club to purchase products. You may place the desired product into the shopping basket and modify your order any time before submitting it by using the provided buttons and correction links. By selecting to accept our AGB as well as clicking on the button „complete payment" you will make a binding offer to form a contract regarding the subscription. After the order process you will receive an automatic email that confirms the receipt of your order.

The time of closure of contract depends on the paypamen method used.

Pre-Payment: We will confirm the contract with an email containing the payment information within two days.

PayPal Plus: You will be re-directed to the payment site of PayPal. There, you can enter your payment information and effect payment. The contract will be confirmed this way.

4.2 All offers are subject to availability. The number of subscriptions is highly limited due to the craft dyed yarns. If an ordered subscription should not be available, Strickmich! Club will inform the customer and if applicable will refund all payments.

4.10 If a customer does not receive a confirmation of membership within 14 days of his offer and complete payment, he is no longer bound to his offer. If applicable, his payments will be returned in this case.

 

4.11 The ordering process as well as all other communication with the subscribers is conducted via email, some automated. The customer has to assure that the email submitted in the sign-up is correct and able to receive emails from Strickmich! Club. In particular, SPAM filters might have to be adjusted.

 

4.12 The information submitted in the sign-up will be stored electronically and only used to fulfill the contract. The AGB (terms and conditions) can always be viewed on our website. The order details as well as the AGB will also be sent to you in your order confirmation email. Only German is the official and binding contract language.

 

5. Right of withdrawal / Widerrufsbelehrung / Right of cancellation by Strickmich! Club

5.1. If you are not satisfied with your surprise package, please contact us at info(at)strickmich-club.de

5.2 As a European consumer, you have the right to withdraw from the contract by German law. The official instruction follows (in German as required by law):

 

Beginning of withdrawal instruction

 

Right of withdrawal (consumers only!)

As consumer in the E.U., you have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (Strickmich! Shop, Dorfstr. 2g, 23824 Damsdorf, Germany Tel.: +49 4323 4029 642, Email: info(at)strickmich-shop.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

You are also liable for the cost of any digital content that was deliverded before the Withdrawal notice if you have explicitly agreed to the download being delivered to your account before the end of the withdrawal period. 

Muster-Widerrufsformular

 

(Wenn Sie den Vertrag widerrufen wollen, dann füllen Sie bitte dieses Formular aus und senden Sie es zurück.)

An: Strickmich! Club, Dr. Peter L. Steck, Dorfstr. 2g, 23824 Damsdorf, Fax Nr. 04323 4029 643

 

– Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über den Kauf der folgenden Waren (*)/ die Erbringung der folgenden Dienstleistung (*)

 

-Bestellt am (*)/erhalten am (*)

-Name des/der Verbraucher(s)

-Anschrift des/der Verbraucher(s)

 

– Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier)

– Datum

_______________

 

(*) Unzutreffendes streichen.

 

Ende des Muster-Widerrufsformulars

 

End of the withdrawal instructions and form

 

5.3 Strickmich! Club reserves the right to cancel the contract and subscription for an important reason before the beginning as well as during the subscription time. One important reason could be a significant disturbance in the supply chain that threatens fulfillment of the Club. This also applies when packages cannot be delivered to the subscriber by the shipping company. Acts of the subscriber that negatively effects the Club or the experience of other Club subscribers also constitutes an important reason for Strickmich! Club to cancel an individual contract. This also applies to customers infringing copyright by copying, passing-on or posting the knitting patterns and design instructions on the internet. In case of the Strickmich! Club cancelling a subscription the customers payments will be refunded. If the subscription is cancelled after shipments have already been made, the payments will be refunded proportionately: For each outstanding shipment one fourth of the subscription cost will be refunded. The customer has no claim to any compensation exceeding the subscription cost.

 

 6. Price, Shipping Cost, Ownership

6.1 The offered price for the Strickmich! Club subscription is a final price and contains all German taxes where applicable. Shipping and packaging cost is included in the Strickmich! Club price as well.

6.2. Single orders of products not included in the Club may require payment of shipping. Please refer to the shipping cost page as well as the individual product details.

6.3 When shipping to countries outside the European Union, there might be additional costs for local taxes and customs or exchange fees etc. Strickmich! Club is not responsible for any such fees, they are to be paid by the customer. Please inform yourself about the regulations within your country.

6.4 The products remain the property of Strickmich! Club until all payments have been received.

6.5 Each Club member (customer) is responsible to keep their shipping address correct and up-to-date by informing info(at)strickmich-club.de of any changes. Any return or shipping fees that are caused by a wrong shipping address are to be covered by the customer.

 

7. Payment Terms

7.1. Payment for the subscription has to be made in full before the start of the subscription and for the whole year.

7.2. The following payment methods are accepted: Money transfer (SEPA) to our bank account and Paypal. Via PayPal payment can also be made by credit card, bank deduction as well as invoice. By using PayPal you also accept their terms and conditions which can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.

7.3. Payment by money transfer is free of charge from our end, please note that your bank may charge you a transfer fee. 

 

8. Warranties

8.1 You are entitled only to warranties under German law subject to the following paragraphs 2 to 4 (in German).

 

8.2. Ansprüche des Kunden auf Schadensersatz sind ausgeschlossen. Hiervon ausgenommen sind Schadensersatzansprüche des Kunden aus der Verletzung des Lebens, des Körpers, der Gesundheit oder aus der Verletzung wesentlicher Vertragspflichten (Kardinalpflichten) sowie die Haftung für sonstige Schäden, die auf einer vorsätzlichen oder grob fahrlässigen Pflichtverletzung von Strickmich! Club, seiner gesetzlichen Vertreter oder Erfüllungsgehilfen beruhen. Wesentliche Vertragspflichten sind solche, deren Erfüllung zur Erreichung des Ziels des Vertrags notwendig ist.

 

8.3. Bei der Verletzung wesentlicher Vertragspflichten haftet Strickmich! Club nur auf den vertragstypischen, vorhersehbaren Schaden, wenn dieser einfach fahrlässig verursacht wurde, es sei denn, es handelt sich um Schadensersatzansprüche des Kunden aus einer Verletzung des Lebens, des Körpers oder der Gesundheit.

 

8.4. Die Einschränkungen der Absätze 2 und 3 gelten auch zugunsten von Vertretern und Erfüllungsgehilfen von Strickmich! Club, wenn Ansprüche direkt gegen diese geltend gemacht werden.

 

9. Copyright of the Knitting patterns

9.1 All the knitting instructions and patterns contained in the Strickmich! Club are protected under international copyright and commercial property rights. The distribution within the Strickmich! Club is by sales license to Strickmich! e.K., all copyrights remain with Martina Behm.

9.2 The subscribers of the Club do not acquire any property rights to the patterns, they just acquire the non-exclusive right to use the pattern for knitting the respective knitting product solely for their personal use. Any commercial use of the pattern or the respective knitting product is not allowed. Particularly it is not allowed to adapt, exploit, copy, distribute, expose or make the pattern available via internet, even an imitation is not allowed.

 

10. Urheberrechte und gewerbliche Schutzrechte

All copyright, design right, brand or picture rights as well as all other commercial property rights of the products, services and or websites and their content belong to Strickmich! Club, or defined third parties. A use beyond the concessions made here requires explicit permission by Strickmich! Club

 

11. Games and sweepstakes

 

Strickmich! Club may hold sweepstakes and raffles online as part of the Club experience. The participation is voluntary and only open to active Strickmich! Club members. There will be no additional cost to participate in the sweepstakes for Club members. The winners in these competitions might be determined by random drawing or jury decision. In any case, the decisions are final and there is no legal recourse allowed.

 

12. Privacy

Your privacy is very important to us. Please refer to our dedicated privacy and data protection page for details.

 

13. Liability for the content / Liability for links

 

The content of Strickmich! Club was created with great care. We accept no liability for the correctness, completeness and timeliness of the content. We also accept no liability for content/links of other Websites as long as we have no possibility to influence their content. It is always the respective provider or operator liable for their own content. Third-party websites have been examined with great care and to the best of our knowledge prior to establishing links to such; at this time, legal violations have not been noticeable. A permanent control of the contents of the linked sites, however, without concrete evidence of a violation of the law, is not reasonable. In the event that we refer to sites with content that gives cause for complaint, please inform us. External links are clearly marked; in any case of injury of rights these links will be removed immediately. All copyrights, design patents, trademarks and other intellectual property rights in the offered goods, services and / or the Website or its contents are with Martina Behm, or with a third party. Any use without explicit permission is not allowed.

 

14. Miscellaneous

14.1. This contract and all disputes arising with Strickmich! Club is governed by German Law. UN-purchase law / CISG is explicitly excluded.

14.3 Even if some regulations of the German AGB might be void, the remaining regulations of the AGB remain valid.

14.4 The European Commission is providing an online platform to handle disputes. You may access it at https://webgate.ec.europa.eu/odr/

14.5 Für Verbraucherstreitigkeiten mit uns (Online Händler mit Sitz in Schleswig-Holstein) ist die Verbraucherstreitbeilegungsstelle "Online-Schlichter" zuständig. Wir sind freiwillig bereit, an dem Streitbeilegungsverfahren bei der Verbraucherstreitschlichtungsstelle teilzunehmen. Die Streitbeilegungsstelle hat ihren Sitz hier: Online-Schlichter, Zentrum für Europäischen Verbraucherschutz e.V., Bahnhofsplatz 3, 77694 Kehl, Internet: www.online-schlichter.de