The following General Terms and Conditions (GT&Cs) apply exclusively, even if pattydoo is accessed from outside the Federal Republic of Germany. Other customer GT&Cs do not apply and are not a part of the contract, whether or not pattydoo has explicitly lodged an objection, and even if goods have been delivered.
2. Offer, conclusion of the contract
The offers on pattydoo do not constitute legally binding offers; they are non-binding requests for customers to submit purchase proposals. The purchase agreement does not become legally binding until the customer has clicked the "Buy now" button. Pattydoo is entitled to accept this offer within a period of one week and then send out a confirmation email. The purchase agreement is concluded when this confirmation email is received by the customer.
3. Prices, payment conditions, compensation and withholding
3.1 The prices listed on the product pages are full retail prices and include the applicable sales tax.
3.2 Items purchased from pattydoo are paid via direct debit, PayPal, or credit card. Pattydoo reserves the right to accept other forms of payment in individual cases.
3.3 PayPal is an online payment service from PayPal (Europe) S.à r.l. & Cie, S.C.A. The use of PayPal requires that you have a customer PayPal account in which your bank or credit card information is stored. If you select "PayPal" as your method of payment, you will be redirected to the PayPal site after completing your order. There, you log in to your PayPal account with your email address and the password you provided and then you confirm the payment. You will receive a payment confirmation from PayPal via email. PayPal will debit your customer account for the corresponding purchase price and will transfer this amount to our sales account. You can find further information at www.paypal.com.
3.4 When paying by direct debit, the data is transmitted to (Novalnet AG) using Secure Socket Layer (SSL) encoding technology. The purchase price will be debited from the customer's bank account when the order is accepted. The transmission of the data can take several minutes and may not be interrupted by the customer, e.g. by refreshing the browser page. The customer will be charged for any and all fees incurred due to customer-initiated return debits. A processing fee (usually 10.00 EUR) is charged for incorrect bank information or if an account has insufficient funds. This fee is then passed on to the customer by pattydoo.
3.5 When paying with a credit card (Visa & Mastercard), the data is transmitted to (Novalnet AG) using Secure Socket Layer (SSL) encoding technology. The purchase price will be debited from the customer's account when the order is accepted. The transmission of the data can take several minutes and may not be interrupted by the customer, e.g. by refreshing the browser page. Otherwise, the credit card may be charged twice. pattydoo shall return authorized return payments within 14 days of receiving the notice of the double charge from the customer. The customer will be charged for any and all fees incurred due to customer-initiated chargebacks. A processing fee (usually 35.00 EUR) shall be charged for unjustified credit card chargebacks. This fee is then passed on to the customer by pattydoo.
3.6 The customer is only authorized to offset if the claims are undisputed or legally determined. A withholding of payments by the customer due to counterclaims from other contractual relationships is excluded.
4. Delivery / Download
4.1 The purchased item shall be provided to the customer for download as an eBook (PDF file format). A PDF is a file that is not copy-protected. To this end, pattydoo sends the customer a link via the email address specified by the customer. The link is available to the customer for an unlimited period of time, however, pattydoo reserves the right to deactivate the link after a certain period of time, however, no earlier than one month after it is initially sent. The customer shall therefore be requested to download the files immediately. In addition, the purchased eBook can be found in the customer's account in the menu under: My Orders and can be downloaded there as many times as the customer wishes.
4.2 In order to be able to read the eBooks, the customer must have installed suitable reading software (Adobe Reader, available for Windows and Mac), known as an eBook reader. The available formats for each eBook can be found in the respective product descriptions. Using the eBook reader, the customer can also print out the eBook. The provision of the eBook reader itself is not pattydoo's responsibility. Additional shipping costs will not be incurred. All telecommunications fees incurred for the download shall be paid by the customer.
5. Usage rights
5.1 The items offered by pattydoo are copyright protected and/or protected by commercial property rights.
5.2 By providing the download of a purchased item, pattydoo does not grant the customer any ownership rights. By providing the download, pattydoo grants the customer a basic, non-transferable right to reproduce the item, without sub-licenses, for personal use in the production of the respective textiles. No personal use and thus, commercial and industrial production of the respective textiles is prohibited. Any other use requires prior consent from pattydoo. If you have any commercial use in mind for the purchased item, it is possible upon request to acquire a license for €9.99 from pattydoo. Please direct any queries to firstname.lastname@example.org.
In addition, the customer is not permitted to edit or modify, reproduce, distribute, issue and/or publicly display the item acquired by way of download, with the exception of uses permitted by copyright laws. In particular, the customer is prohibited from making the item publicly accessible on the Internet or on other networks.
6. Cancellation policy/right of withdrawal
Cancellation rights do not apply to pattydoo items. By concluding the contract, the consumer has explicitly agreed and confirmed that he is aware that he shall lose his right to cancel the agreement once the contract execution has begun. In accordance with § 356 Para. 5 of the BGB (German Civil Code), the right of withdrawal from a contract for the delivery of digital content not on a physical data storage device expires once the company has initiated the execution of the agreement.
7.1 If the delivered goods are defective, the customer is entitled to replacement or improvement, withdrawal from the agreement, or a reduction of the purchase price, subject to statutory regulations.
7.2 For consumers, the statute of limitations on warranty claims for the delivered goods is two years from the receipt of the goods. For buyers who are not consumers, the statute of limitations on warranty claims is one year.
7.3 Warranties only apply if they have been explicitly included in the written product description.
8.1 Pattydoo assumes full liability in case of injury to life, body or health. In case of impossibility or delay of fulfillment and in case of violations of significant contractual obligations, pattydoo is also liable in case of negligence; this liability is limited to typical, foreseeable damages. Significant contractual obligations (cardinal obligations) are such contractual obligations which are essential for the correct execution of the agreement; the customer does and should be able to trust that compliance with these obligations is implicit. Typical foreseeable damages are those designated by the protective purpose of the respective violated contractual clause. pattydoo is otherwise not liable in case of minor negligence. The above limitations of liability also apply to any claims against pattydoo's corporate bodies, statutory representatives, and other agents employed in the performance of pattydoo's obligations.
8.2 Currently available technologies cannot guarantee uninterrupted and error-free data communication via the Internet. Therefore, pattydoo is not liable for continuous, uninterrupted availability of its online shop.
9. Contract language, applicable law, jurisdiction
9.1 The contract is concluded exclusively in German. All disputes resulting from the legal relationship between the customer and pattydoo are subject to the laws of the Federal Republic of Germany. For consumers, this choice of law applies as long as the protection granted is not revoked due to mandatory provisions of the laws of the state in which the consumer is domiciled. The UN Sales Convention does not apply.
9.2 If the private end consumer does not reside within the European Union, our registered office is the place of jurisdiction.
Version: September 2014