1.1 These General Terms and Conditions (hereinafter "GTC") of AtelierMB Aktiengesellschaft, trading under "The Bobbin Case" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller regarding the goods presented by the seller in his online shop. We hereby object to the inclusion of the customer's own terms, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of digital content, unless otherwise expressly regulated.
1.3 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly regulated.
1.4 Consumers in the sense of these general terms and conditions is every natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
1.5 Digital content in the sense of these terms and conditions are all data that are not on a physical data medium, which are produced in digital form and provided by the seller under the granting of certain rights of use that are more precisely regulated in these terms and conditions.
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by telephone, fax, email, post or online contact form.
2.3 The seller can accept the customer's offer within five days,
If several of the aforementioned alternatives exist, the contract is concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the submission of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. email , Fax or letter). In addition, the text of the contract is archived on the seller's website and can be called up free of charge by the customer via his password-protected customer account, providing the appropriate login data, provided the customer has created a customer account in the seller's online shop before sending his order.
2.5 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned to process the order can be delivered.
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include VAT. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the seller's online shop.
4.4 If prepayment has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date.
4.5 If you choose the payment method invoice purchase, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves 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, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.6 For all other payment methods, the invoice amount is due immediately. If the debit is not redeemed or the customer objects to the debit, although he is not authorized to do so, the customer must bear the fees incurred by the chargeback of the respective credit institution if he is responsible for this.
5.1 The delivery of goods takes place on the way to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive when processing the transaction.
5.2 If the transport company sends the goods back to the seller, because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller announced the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller's cancellation policy.
5.3 If the customer picks up the goods themselves, he first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can collect the goods from the seller's headquarters in consultation with the seller. In this case, no shipping costs will be charged.
5.4 Digital content is only provided to the customer in electronic form as follows:
5.5 Vouchers are given to the customer as follows:
6.1 Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer the non-exclusive, local and temporally unlimited right to the transferred content private as well as for business purposes.
6.2 Passing on the content to third parties or making copies for third parties outside the scope of these terms and conditions is not permitted unless the seller has agreed to transfer the contractual license to the third party.
6.3 The granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The seller can provisionally allow the contractual content to be used before this point in time. Such a temporary permit does not transfer the rights.
If the seller makes advance payment, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
8.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.
8.2 Deviating from this, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer. However, the limitation period to one year does not apply
8.3 The customer is requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
9.1 Vouchers that can be purchased through the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher results. p>
9.2 Gift vouchers and remaining gift vouchers can be redeemed up to the end of the third year after the year the voucher was purchased. Remaining credit will be credited to the customer by the expiry date.
9.3 gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
9.7 The balance of a gift voucher will not be paid out in cash nor will interest be paid.
9.8 The gift voucher is transferable. The seller can liberate the respective owner 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 ineligibility, incapacity for business or the lack of authorization to represent the respective owner.
10.1 Swiss law applies to all legal relationships between the parties, to the exclusion of the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
10.2 Furthermore, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address at the time of the conclusion of the contract outside the European Union are.
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.