General Terms and Conditions (GTC)
1. Operator of the online shop / Contract partner
Purchase contracts concluded in this online shop are agreed upon with wolltraum.ch Ltd. Aegetholzstrasse 19, 9443 CH-Widnau SG (”Wolltraum”), operator of the online shop http://www.wolltraum.com.
2.1. The present General Terms and Conditions (hereinafter called “GTC”) apply to all contracts agreed between you as the customer and us as the operator of the online shop http://www.wolltraum.com (hereinafter called ”we” or “Wolltraum”). When starting the order process, you acknowledge the GTC in the version applicable at the time of your order.
2.2. We only sell our goods in standard retail quantities. The offer in this online shop is aimed exclusively at adults with legal capacity. Products ordered in the online shop http://www.wolltraum.com will be delivered internationally, but not to customers with delivery address in Switzerland and Liechtenstein. Customers with delivery address in Switzerland and Liechtenstein must order their products in the online shop on http://www.wolltraum.ch.
2.3 Contract terms to the contrary, including any terms that you declare to be applicable at the time of accepting the contract, only apply if and to the extent that we have accepted them explicitly and in writing.
3. Contract conclusion
3.1. The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue.
3.2. You will be guided in the online shop through the ordering process step-by-step and it is always indicated which information must be mandatorily provided. A binding order is only triggered once you have entered all of the data required for contract performance, have acknowledged the General Terms and Conditions and have clicked on the button “Order and Pay”. Until you click this button, you can add products to your basket non-bindingly. When you send the order, this is treated as your offer to us to conclude a contract.
3.3. Once you have submitted your order, you will be sent an automatically generated confirmation of receipt for your order by email. This contains the data for your order and these General Terms and Conditions, which you can save and print. A contract is not yet agreed based on this confirmation of receipt; the confirmation of receipt merely documents that we have received your order.
3.4. The contract is concluded once we confirm that we accept it. We accept the contract by confirming via email that the goods have left our warehouse (confirmation of dispatch). Orders will be processed and dispatched as soon as possible. Normally, this takes between 1-3 days.
3.5 The contract is only agreed for the items explicitly listed in our confirmation of dispatch. The scope of performance is limited to these listed items.
4. Prices, dispatch and delivery
4.1. The prices are stated in US dollar. The indicated prices are exclusive any additional local taxes and customs.
4.2 Delivery costs are added to the stated product prices depending on the respective order value. In addition, we will inform you of any delivery costs that you must pay in the context of the order process.
4.3 If we do not receive sufficient supplies even though we have submitted orders to this effect with reliable suppliers, and this is not our fault, we are relieved from our duty to perform and can withdraw from the contract. We will inform you immediately if an item is not available and reimburse you for any payments made if we have to withdraw from the contract.
4.4 Our service is an obligation to send, and is performed when the goods are handed over to the carrier. After dispatch, risk of incidental deterioration of the goods and of incident loss of the goods is transferred to you. We are not responsible for misconduct on the part of the carrier.
4.5 The delivery times provided in our online shop or our order confirmation are calculated from the time that the order is sent – assuming that a contract has been agreed. International deliveries may take up to one week.
5. Instruction on withdrawal
5.1. Consumers have the following right of withdrawal:
You have the right to withdraw from the contract within seven (7) days without providing any reasons if the ordered products are unused and still in our original packing.
The withdrawal period is seven (7) days from the date on which you or a third party appointed by you, who is not the carrier, have/has taken ownership of the last ordered item.
In order to exercise your right of withdrawal, you must inform us (wolltraum.ch Ltd., Aegetholzstrasse 19, 9443 CH-Widnau SG, email@example.com, Tel.: +4176 530 67 44 or +4171/722 69 33) of your decision to withdraw from the contract in an unequivocal declaration (e.g. a letter sent by post or an email). You can also use the attached template withdrawal form for this purpose, but this is not a requirement.
In order to meet the withdrawal deadline, it is sufficient for you to send the notification that you wish to exercise your right of withdrawal before the expiration of the withdrawal period.
5.2 Consequences of the withdrawal
If you withdraw from this contract, we must reimburse you for all payments that we have received from you, including the delivery costs immediately and at the latest within seven (7) days from the date on which we received the notification of your withdrawal from this contract. We will use the same payment method for this repayment that you used in your original transaction, except where we explicitly agreed on a different payment method with you; we will not charge you a fee for this repayment. We can refuse to make a repayment until we have received back the goods or you have provided evidence that you have returned the goods, whichever is earlier.
You must return or transfer the goods immediately and in any case at the latest within seven (7) days from the date when you informed us that you wish to withdraw from this contract, to us.
The deadline is deemed to have been met if you send the goods before the period of seven (7) days expires. We shall bear the costs of returning the goods. You must only compensate for any reduction in the value of the goods if the goods reduced in value because you handled them in a way that was not required to check the quality, features.
Template withdrawal form
(If you would like to withdraw from the contract, please complete this form and return it to us.)
– To wolltraum.ch Ltd., Aegetholzstrasse 19, 9443 CH-Widnau SG, firstname.lastname@example.org
- I/we (*) hereby wish to withdraw from the contract concluded by me/us (*) regarding the purchase of the following goods(*)/ the provision of the following service (*):
- Ordered on(*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer/s (only for paper version)
(*) Cross out if not applicable
6. Retention of title
6.1 We retain ownership of the delivered goods in all cases until we have received full payment.
7. Payment methods
7.1. For orders in our online shop, you can use the payment methods offered there. Currently, we only accept for international deliveries payment via Paypal.
8. Obligation to examine the goods and report defects
8.1 GENERALLY, ANY IMPLIED OR EXPRESS WARRANTIES FOR THE PROPER MERCHANTABILITY OR PROPER FITNESS OF A PARTICULAR PURPOSE ARE EXCLUDED, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW. HOWEVER, THE FOLLOWING LIMITED WARRANTY IS PROVIDED FOR THE PRODUCT ITSELF, BUT NOT FOR THE PACKAGING AS WELL AS THE CONTENT AND INFORMATION MADE AVAILABLE THROUGH http://WWW.WOLLTRAUM.COM OR ANY OTHER SERVICES PROVIDED BY US. It is warranted that the products on http://www.wolltraum.com may be used for the purpose of knitting clothes. This limited warranty does, however, not include any implied or express warranty regarding the proper length / volume, colour and material of the product for the knitting of a specific clothing or other object. It is also not warranted that the result of the knitting, which is made by you, will fit your purposes. It is furthermore not warranted and any liability is excluded for that purpose that the products may be used for any other purposes than knitting.
8.2 You must examine the delivered products as soon as this is possible according to the usual business processes and inform us of any defects in the sense of article 8.1 above immediately (email@example.com). If you fail to do so, the products are deemed to have been approved. Approval is deemed to have been given to the extent that you do not report a defect to us by email within 8 days of delivery.
8.3 You must inform us (firstname.lastname@example.org) of any defects, which could not be identified during the check pursuant to the previous section, as soon as you discover them. Otherwise, the ordered products are deemed to have been approved in relation to these defects.
8.4 The defective product must be returned together with a copy of the invoice and a detailed description of the defect. The respective return address label is always provided upon delivery. We will bear any costs of transport incurred.
8.5 Upon notification of a defect, we have the option to correct the defect either through supplementary performance, i.e. defect correction (rectification) or delivery of a defect-free item (replacement). Products returned by customers become our property again.
8.6 If supplementary performance fails, you may withdraw from the contract. This does not apply in the case of insignificant defects. A right to a price reduction is excluded. This exclusion of liability also covers all claims competing with warranty rights, such as from the contract, tort, rescission of the contract due to error, etc.
The following applies to all international customers, except customers in the USA:
9.1 If a material contractual obligation, whose performance makes the proper performance of the contract possible in the first place and on the performance of which the contractual party can regularly rely (cardinal obligation), is violated by us, our legal representatives or agents, based on simple negligence, the amount of liability is limited to the damage that is foreseeable at the time of contract conclusion and that is typically to be expected.
9.2 Otherwise, these GTC conclusively specify all cases of contract violations and their legal consequences, as well as all claims by you regardless of their legal reason. Other claims asserted by you – regardless of their legal reason – are excluded, except for the cases mentioned under 9.3. We, our agents and any assistants, are not liable for damages beyond those to the items themselves, and particularly not for consequential damages, lost profits or other financial losses.
9.3 The restriction in 9.2 above does not apply
• in the case of a loss of life, bodily harm or damage to health
• in the case of an intentional or grossly negligent violence of duty
• in the case of guarantee undertakings, if agreed
• to the extent that the provisions of the Product Liability Act are applicable.
The following applies to customers resident in the USA:
9.4 OUR SERVICES, OUR PRODUCTS DISPLAYED AND SOLD THROUGH THIS ONLINE SHOP AND ALL INFORMATION, CONTENT, MATERIALS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH http://WWW.WOLLTRAUM.COM ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE http://WWW.WOLLTRAUM.COM AND THE ONLINE SHOP OPERATED ON THAT WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH http://WWW.WOLLTRAUM.COM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF http://WWW.WOLLTRAUM.COM AND THE USE OF PRODUCTS SOLD AND SERVICES PROVIDED THROUGH THAT WEBSITE BY US IS AT YOUR SOLE RISK.
9.5 TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT OUR SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH http://WWW.WOLLTRAUM.COM OR ELECTRONIC COMMUNICATIONS SENT BY US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9.6 WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH http://WWW.WOLLTRAUM.COM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
10. Data protection
10.1 The collection and processing of your personal data by us is set out in the Privacy Statement. This forms an integral part of these GTC. The Privacy Statement can be accessed via http://www.wolltraum.com/j/privacy
11. Applicable law and jurisdiction
The following applies to all international customers, except customers in the USA:
11.1 These General Terms and Conditions and any Purchase Contract concluded on the online shop http://www.wolltraum.com are governed by Swiss law exclusively. This choice of law does not only cover contractual questions, but also tort questions and any other legal issues that might arise out of or in connection with this General Terms and Conditions, the Purchase Contract concluded on http://www.wolltraum.com or any products and services made available on our online shop. Application of the UN Convention on Contracts for the International Sale of Goods is excluded.
11.2 The relevant competent court of Widnau is responsible for any disputes resulting from or in connection with these General Terms and Conditions and purchase contracts concluded on http://www.wolltraum.com. The relevant court is not only competent to deal with contractual issues, but also with tort and any other claims that might arise out of or in connection with these General Terms and Conditions, purchase contracts concluded on http://www.wolltraum.com, and the products and services made available on http://www.wolltraum.com.
The following applies to customers resident in the USA:
11.3 The choice of law is Swiss law exclusively as described in article 11.1.
11.4 Any disputes arising out of or in connection with these General Terms and Conditions and purchase contracts concluded on http://www.wolltraum.com are settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The place of arbitration shall be New York, USA. The language of arbitration shall be English. The arbitrator is / the arbitrators are not only competent to deal with contractual issues, but also with tort and any other claims that might arise of or in connection with these General Terms and Conditions, purchase contracts concluded on http://www.wolltraum.com, and the products and services made available on http://www.wolltraum.com.
(1) Your personal data, insofar as these are necessary for this contractual relationship (inventory data) in terms of its establishment, organization of content and modifications, are used exclusively for fulfilling the contract. For goods to be delivered, for instance, your name and address must be relayed to the supplier of the goods.
(2) Without your explicit consent or a legal basis, your personal data are not passed on to third parties outside the scope of fulfilling this contract. After completion of the contract, your data are blocked against further use. After expiry of deadlines as per tax-related and commercial regulations, these data are deleted unless you have expressly consented to their further use.
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