Terms and conditions
1) Scope of application
1.1 These Terms and Conditions of Business (hereinafter referred to as “General Terms and Conditions”) of MEZ Needlecrafts GmbH (hereinafter “Licensor”) shall apply to all contracts for the delivery of data not made on a physical medium, A consumer or entrepreneur (hereinafter “licensee”) with the licensor with regard to the digital content presented by the licensor in his online shop. This is without prejudice to the inclusion of the licensee’s own conditions, unless otherwise agreed.
1.2 The subject matter of the contract is the provision of the digital content offered by the licensor to the licensee in electronic form, granting certain rights of use more precisely defined in these terms and conditions.
1.3 Consumers within the meaning of these General Terms and Conditions shall be any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneurs within the meaning of these General Terms and Conditions is a natural or legal person or a legal person who is a legal person in the exercise of his commercial or independent professional activity when a legal transaction is concluded.
2) Transfer of the contents
The contents are only available in electronic form by e-mail or by download from the website of the licensor.
3) Granting of usage rights
3.1 The licensor grants the licensee the right to use the content for private purposes only to the private use of the contents of the content, which is not exclusive to the licensee.
3.2 Any transfer of the content to third parties or the making of copies for third parties outside the scope of these General Terms and Conditions is not permitted unless the Licensor has consented to the transfer of the contractual license to the third party.
3.3 The granting of rights shall take effect only if the licensee has paid the contractually agreed remuneration in full. The licensor may also provisionally allow the use of the contents of the contract even before this date. A transition of rights does not take place by such provisional permission.
4) Liability for defects
The statutory liability for defects shall apply.
5) Applicable law
5.1 The law of the Federal Republic of Germany applies to all legal relations of the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
5.2 If the licensee acts as a merchant, a legal person of public law or a public special fund with registered office in the territory of the Federal Republic of Germany, exclusive jurisdiction for all disputes arising from this contract is the place of business of the licensor. If the licensee is domiciled outside the territory of the Federal Republic of Germany, the place of business of the licensor is exclusive jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the licensee. The licensor is, however, in any case entitled to call the court at the registered office of the licensee.
6) Alternative dispute settlement
6.1 The EU Commission provides an online dispute resolution platform at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a point of departure for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
6.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer sacking agency.