Terms & Conditions

Terms & Conditions

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of FILATI eCommerce GmbH (hereinafter “we/us”) apply to all contracts for the delivery of goods that you, as a consumer or entrepreneur (hereinafter “you”), conclude with us with regard to the goods presented by us in our online shop. We hereby object to the inclusion of your own terms and conditions unless we have agreed otherwise with you.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise provided in this respect.

1.3 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise provided in this respect. Digital content within the meaning of these GTC is data created and provided in digital form.

1.4 You are a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that can predominantly be attributed neither to your commercial nor to your self-employed professional activity.

1.5 You are an entrepreneur within the meaning of these GTC as a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of your commercial or self-employed professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve for the submission of a binding offer by you.

2.2 You can submit the offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, you submit a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that completes the ordering process.

2.3 We may accept your offer within five days,

• by sending you a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by you is decisive in this respect, or
• by delivering the ordered goods to you, whereby receipt of the goods by you is decisive in this respect, or
• by requesting payment from you after you have submitted your order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of your offer begins on the day after your offer is sent and ends upon expiry of the fifth day following dispatch of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed rejection of the offer, with the consequence that you are no longer bound by your declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if you do not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If you pay by means of a payment method offered by PayPal that can be selected during the online ordering process, we hereby declare acceptance of your offer at the time you click the button that completes the ordering process.

2.5 When an offer is submitted via our company’s online order form, the contract text is stored by us after conclusion of the contract and sent to you in text form (e.g. email, fax or letter) after you have sent your order. We do not make the contract text accessible beyond this. If you have created a user account in our online shop before sending your order, the order data will be archived on our website and can be accessed by you free of charge via your password-protected user account by entering the corresponding login data.

2.6 Before submitting the order bindingly via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identifying input errors may be the zoom function of your browser, which enlarges the display on the screen. During the electronic ordering process, you can correct your entries using the usual keyboard and mouse functions until you click the button that completes the ordering process.

2.7 Different languages are available to you for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact usually take place by email and automated order processing. You must ensure that the email address you provide for order processing is correct so that emails sent by us can be received at this address. In particular, when using spam filters, you must ensure that all emails sent by us or by third parties commissioned by us to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in our withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.

4) Prices and payment terms

4.1 Unless otherwise stated in our product description, the prices indicated are total prices that include statutory VAT. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which we are not responsible and which must be borne by you. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise with regard to the money transfer if the delivery is not made to a country outside the European Union but you make the payment from a country outside the European Union.

4.3 The available payment option(s) will be communicated to you in our online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless we have agreed a later due date with you.

4.5 If a payment method offered via the “PayPal” payment service is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If we also offer payment methods via PayPal for which we make advance payment to you (e.g. purchase on invoice or instalment payment), we assign our payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data provided. We reserve the right to refuse you the selected payment method in the event of a negative check result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, you may only make payment to PayPal or to the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of the claim, we remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, withdrawal declarations and returns or credit notes.

4.6 If a payment method offered via the “Ratepay” payment service is selected (e.g. Ratepay invoice, Ratepay advance payment, Ratepay direct debit, Ratepay instalment payment), payment processing is carried out by Ratepay GmbH, Ritterstr. 12-14 10969 Berlin (hereinafter “Ratepay”), to whom we assign our claim against you. The specific Ratepay payment methods we offer will be communicated to you on our website. You may only make payment to Ratepay with debt-discharging effect. However, we remain responsible for general customer enquiries (e.g. regarding the goods, delivery time, dispatch, returns, complaints, withdrawal declarations and returns or credit notes). In all other respects, the General Payment Terms of Ratepay apply and can be accessed here: https://www.ratepay.com/legal-payment-terms/

4.7 If the payment method “direct debit via Ratepay” is selected, payment processing is carried out via Ratepay GmbH, Ritterstr. 12-14 10969 Berlin (hereinafter “Ratepay”). You grant Ratepay a SEPA direct debit mandate and instruct your credit institution to honour due direct debits. You must ensure that your current account has sufficient funds. If your current account does not have the required funds, the account-holding credit institution is not obliged to honour the debit. Ratepay reserves the right to carry out a credit check. If you are permitted to pay by direct debit, payment is processed via Ratepay, to whom we assign our payment claim. You may only make payment to Ratepay with debt-discharging effect. Nevertheless, we remain responsible for general customer enquiries (e.g. regarding the goods, delivery time, dispatch, returns, complaints, withdrawal declarations and returns or credit notes). In all other respects, the General Payment Terms of Ratepay apply and can be accessed here: https://www.ratepay.com/legal-payment-terms/#ratepay-lastschrift

4.8 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payment processing is carried out in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, Germany, which we authorise to collect receivables in our name. PAYONE GmbH debits the invoice amount from the credit card account specified by you. The credit card is charged immediately after you send your order in the online shop. Even when the credit card payment method via PAYONE GmbH is selected, we remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, withdrawal declarations and returns or credit notes.

5) Delivery and shipping conditions

5.1 If we offer shipping of the goods, delivery will be made within the delivery area specified by us to the delivery address provided by you, unless otherwise agreed. The delivery address specified in our order processing is decisive for the processing of the transaction.

5.2 If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs of outward shipment if you effectively exercise your right of withdrawal. For return shipping costs, the provision made in our withdrawal policy applies if you effectively exercise your right of withdrawal.

5.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to you as soon as we have delivered the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only upon handover of the goods to you or to a person authorised to receive them. By way of derogation from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to you, even if you act as a consumer, as soon as we have delivered the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment, if you have commissioned the forwarding agent, carrier or other person or institution designated to carry out the shipment and we have not previously named this person or institution to you.

5.4 Collection by the customer is not possible for logistical reasons.

5.5 Vouchers are provided to you as follows:

• by download
• by email

5.6 Digital content is provided to you as follows:

• by direct access via our website
• by download
• by email

6) Granting of usage rights for digital content

6.1 Unless otherwise stated in the content description in our online shop, we grant you a non-exclusive right, unlimited in place and time, to use the provided content exclusively for private purposes.

6.2 Passing the content on to third parties or making copies for third parties outside the scope of these GTC is not permitted unless we have consented to the transfer of the contractual licence to the third party.

6.3 Where the contract relates to the one-time provision of digital content, the granting of rights becomes effective only once you have paid the contractually owed remuneration in full. We may provisionally permit use of the contractual content even before this point in time. No transfer of rights takes place through such provisional permission.

7) Retention of title

If we make advance performance, we retain title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply. By way of derogation from this, the following applies to contracts for the delivery of goods:

8.1 If you act as an entrepreneur,

• we have the choice of the type of supplementary performance;
• for new goods, the limitation period for claims for defects is one year from delivery of the goods;
• for used goods, claims for defects are excluded;
• the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

8.2 The limitations of liability and shortened periods regulated above do not apply

• to your claims for damages and reimbursement of expenses,
• in the event that we have fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their usual manner of use and have caused its defectiveness,
• to any existing obligation on our part to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

8.4 If you act as a consumer, you are requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform us of this. If you fail to do so, this has no effect on your statutory or contractual claims for defects.

9) Redemption of promotional vouchers

9.1 Vouchers that we issue free of charge as part of promotional campaigns with a specific validity period and that you cannot purchase (hereinafter “promotional vouchers”) can only be redeemed in our online shop and only during the specified period.

9.2 Promotional vouchers can only be redeemed by you as a consumer.

9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of your promotional voucher.

9.4 Promotional vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

9.5 Only one promotional voucher can be redeemed by you per order.

9.6 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by us.

9.7 If the value of the promotional voucher is insufficient to cover your order, you may choose one of the other payment methods offered by us to settle the difference.

9.8 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

9.9 The promotional voucher will not be refunded if you return the goods paid for wholly or partly with the promotional voucher within the scope of your statutory right of withdrawal.

9.10 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. We are entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

10) Redemption of gift vouchers

10.1 Vouchers that can be purchased via our online shop (hereinafter “gift vouchers”) can only be redeemed in our online shop, unless otherwise stated in the voucher.

10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining balances will be credited to you until the expiry date.

10.3 Gift vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by us may be selected to settle the difference.

10.7 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.

10.8 The gift voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent lack of knowledge of the holder’s lack of entitlement, legal incapacity or lack of authority to represent.

11) Voluntary right of return (for consumers only)

11.1 The voluntary right of return granted below applies exclusively to consumers. Entrepreneurs are not granted a right of return. The right of return also does not apply to consumers who, at the time the contract is concluded, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.

11.2 Consumers may return ordered items within 125 days after receipt of the goods. Gift vouchers, magazines and knitting patterns are excluded from return.

11.3 For consumers with a delivery address in Germany or Austria, the following applies:
- From an invoice amount of € 40.00, a free return label can be requested by email.
- For an invoice amount below € 40.00, a paid return label can be requested by email upon request. In this case, return shipping costs of € 4.50 will be charged.

11.4 After receipt and inspection of the return shipment, the order value (excluding shipping costs) will be refunded either by email voucher code, which can be redeemed for a future order, or, at the consumer’s request, transferred back to the payment method used or to the specified bank account. Any costs incurred by us will be deducted from the refund. This applies in particular if the goods show signs of use, have been returned damaged or incomplete, if labels or original packaging are missing, or if the return shipment was not sufficiently stamped.

12) Applicable law

All legal relationships between you and us are governed by the law of the Republic of Austria, excluding the laws on the international sale of movable goods. If you act as a consumer, this choice of law applies only insofar as the protection granted to you by mandatory provisions of the law of the state in which you have your habitual residence is not withdrawn.

13) Place of jurisdiction

If you act as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office. If your registered office is outside the territory of the Republic of Austria, our registered office is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to your professional or commercial activity. However, in the aforementioned cases, we are in any event entitled to bring proceedings before the court at your registered office.

14) Alternative dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.