General Trading Conditions

In the following you`ll read the General Trading Conditions:

Christiane Kuhr Wolle & Design
Division Wollstudio 
Manager: Christiane Kuhr
Marktplatz 13
34576 Homberg/ Germany
Tel.: +49 (0)5681 937310
Fax: +49 (0)5662 5540

e-Mail: info@wolleunddesign.info

USt-Ident.Nr.: DE 191923309

This translation of the given german AGBs has to be seen as a pure translation which can have its faults (of the contents and grammaticaly) and the translation is not complete!

http://www.wolleunddesign.info/shop_content.php/coID/3/content/AGB-s 
This ist the link of the comlete German Trading conditions.

We follow the german version and we see this translation just as a little help for customers which can´t speack or read German but what is written here can´t be taken for any legal advice.

1.Ambit an general Terms

1.1

Wollstudio (as a part of Handarbeiten Guderjahn) offers you products for your knitting and crochet work

over our Internet-Shop – mainly knitting-yarn, wool, drapery and knitting-pattern.

The base for all contracts which are made online are these general Trading Conditions.

 1.2

Things which are complemental, abnormal or opposed to the Trading Conditions aren`t an integral part of the contract (even when they are known) – unless their repute is explicit and in written form accepted by Christiane Guderjahn.

1.3

Customers in the sence of the Trading Conditions are on the one hand consumers but one the other hand (scarcest) mercantillists.

Consumers (in the sence of TC) is ever person with which we are conclude a business connection and which act for no intention which could be assign fot their commercial or occuopational agency.

Mercantillist (in the sence of TC) is every natural or artificial person or business partnership which is having legal capacity with which we are conclude a business connection and which acts in exertion of a commercial or independant occuopational agency.

2. Conclusion of a contract

2.1

A contract with a customer is to come about as soon as the customer accomplished the buying and confirmed his/her order.

3. Right of return and consequences

 Consumers got the right of return for the bought products in acquisition to the following points (by adaptability of the contract  instructions).

3.1

The consumer got the right to send the obtained product back at the time of 14 days without giving any reason by the use of a adequate stamped envelope.
Not prepaid envelopes will be rejected. The time limit starts soonest with the receipt of the product and its opening. Only products which can´t be send back (bulky stuff, etc.) can be revoke via a letter, fax or e-mail. To stay in the time limit it´s adequate to send the product or letter in time.

In every case the danger and costs lies on the customers side.

The back sending or letter must go to:

Administration:
Christiane Kuhr
Gustav-Stresemann-Str. 12
34587 Felsberg / Germany
Fax: +49 (0)5662  - 5540
e-mail:info@WolleundDesign.info

3.2

The right of return exists, accordant to § 312 d Abs. 4 BGB, inter alia not for contracts made for the deliveries of magazines or contracts which are enclosed as a form of an auction.

This is also the case for products which were custom-build and for products which are narrowed.

3.3

In case of a restitution the benefits which were made of both sides must be given back (also bonus points, etc.). In any aggravation of the product one can demand a compensation.

This does not apply to products which aggravation is based on a survey which was made in a store.

4. Prices, delivery- and forwarding charges, Conditions of payment

4.1

All prices have to be seen (if it`s not explicit stipulated) as the price for the product and not for the

package, charge, postage ort he assurance.
In case of a forwarding one have to await accessorial charges which highs are given in the concrete offers.

In case of a forwardind via cash on delivery more costs for the customer have to be await, as far as nothing else was agreed on.

4.2

The customer is obligated to pay the full bill in latest 10 days after receiving the demand for payment.

Applicable is the receipt of the amount to Christiane Kuhr.

If one doesn`t act in the given time the customer will be in a default of payment on the part of the seller withou any assertion.
 
4.2.1

A consumer has to interest-bearing a debt in height of five percentage points above the base lending rate.
 
4.2.2

A mercantilist has to interest-bearing a debt in height of eight percentage points above the base lending rate.

Christiane Kuhr reserved to herself verifing a higher damage and its claiming.

4.3

The customer just got the right for an offset, when the pretensions have been legaly established or when Christiane Kuhr accept the offset.
The customer can only use his/her right of retention, when his/her counterclaim is based on the same contractual relationship.
 
5. Conditions of delivery/ dispatch

5.1

The delivery of an article basically takes place (if not explicit stipulated with regular customers) against prepayment – that means the delivery of the products or whose handing over to the customer takes place when received the complete purchase price plus forwarding- and deliery charges to Christiane Kuhr.
For packages which weren´t fetched or which were denied we reserve to ourselves the rigth of taking a represantation allowance in height of fifteen percentage points above the contract price.

In case of a denial of acceptance of an cash on delivery mailing we`ll assess the C.O.D. charge as well as a representation allowance in height of fifteen percentage points above the contract price.

5.2

Deliveries in small parts are acceptable as far as they are reasonable towards the customer.

 
5.3.1

By mercantilists the risks of an accidental loss or an accidental aggravation of the bought items descends with the committal to themselves or to a person who is permittet to take the package.

5.3.2

By customers the risks of an accidental loss or an accidental aggravation of the bought itmes descends to the customer with the delivery of the goods.
 

5.4

The customer insures that he/she sent us his/her complete address.

Should it come to some accessorial charges because of a wrong address the customer must displace the

6. Notification of Damages in Transit

6.1

In case of damages in transit the customer is bound to announce it to Christiane Kuhr immediately.
The customer has to support Christiane Guderjahn in the assertion of possible pretensions obverse a transport company or a transit insurance.

 6.2

The customer insures to report the transport company immediately about a damage ( when it can be seen on the surface of the package) or loss of the package – the packing must be kept.

When the damage can´t be seen on the surface the customer has to report it in time of seven days to Christiane Kuhr or the transport company.

7. Service, Warrantee and Guarantee

7.1

Possible requests and/or complaint of every form must be send to the given address of Christiane Kuhr.
 
7.2

The presentation of the products over an Internet-Shop has to be seen as a pure service description and never as a guarantee for the quality of the products.

The given guarantee made by third persons (e.g. a guarantee made by the manufacturer) stays intact.

More precisled information one can find in the several product description.

 7.3

In case of any deficiencies the customer just got the right of demanding accordant to the legal arrangements. Consumers can coose between a amendment or a compensation delivery.

Christiane Kuhr stays authorised to deny the choosen form of the demanding if it is only possible with a much higher payment for Christiane Kuhr and the other form of demanding isn´t detrimental fort he consumer.
Opposite to mercantilists Christiane Kuhr first chooses a demanding (amendmend or compensation delivery).

 
7.4

The customer haven´t got the right to abolish deficiencies on their own or let them abolish with the help of other persons.

Products which have been repaired won´t be compensated.

7.5

When the demanding is abortive the customer could (at one´s own option) abate the aging, cancel the contract or demand a compensation.

If the customer chooses compensation or if he makes futile expenditures effective count the liability limitations after cypher eight (this TC)

7.6

The pretensions of consumers becomes time-barred within two years after the  delivery of the package.

The pretensions of mercantilists becomes time-barred within one year after the delivery of the package.

 
7.7

No warrantee is given in the case disadvantages which originate from improper use or treatment of the article.  

 
7.8

Apparent deficiencies have to become known by mercantilists in time of two weeks after receipt the package (written to the given address) – otherwise the assertion of the pretensions are excluded.

To stay in time the timely dispatch of the notice of defect is ample.

8. Liability

8.1.

After the lawful terms Christiane Guderjahn is absolutely liable for disadvanatages which result from injuries of life, of the body, or of the health which base on a deliberate or careless breach of duty or on malice of Christiane Kuhr.

8.3

In case of a easy careless injury of inessential contractual obligation Christiane Kuhr is not liable opposite to mercantilists-

Opposite to consumers the liability is limited to the normal average-damage.

8.4

A advantage liability is without any regard to the nature of the effective made claim excluded.

9. Final Provisions

9.1

It ist he right of germany which counts.

By consumers which doesn´t sign a contract for job-related or commercial aims counts this desicion just in so far, as not the award protect state of the consumer abstract it.

9.2

The terms of the UN Convention on Contracts fot the International sale of goods aren´t adaptive.

9.3

If the customer is businessman, judicial person of the puplic right or of the puplic-juristic serarate estate is the exclusive jurisdiction for all conflicts – which arise out of this contract – the place of business of Christiane Kuhr.

This also is the case when the customer doesn´t got an jurisdiction in Germany or when his/her address is not know at the time of the commencement of action.

Opional is Christiane Kuhr authorised to place the court in a jurisdiction of her choice.

9.4.

This translation of the given german AGBs has to be seen as a pure translation which can have its faults (of the contents and grammaticaly) and the translation is not complete!

We follow the german version and we see this translation just as a little help for customers which can´t speack or read german but what is written here can´t be taken for any legal advice.