Terms & Conditions

Terms & Conditions

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/you"), conclude with us regarding 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 Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.3 These Terms and Conditions apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content, as defined by these Terms and Conditions, is data created and provided in digital form.

1.4 You are a consumer within the meaning of these Terms and Conditions if you conclude a legal transaction for purposes that cannot predominantly be attributed to your commercial or independent professional activity.

1.5 You are an entrepreneur within the meaning of these Terms and Conditions as a natural or legal person or as a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of your commercial or independent professional activity.

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

2.2 You can submit your offer using the online order form integrated into our online shop. After placing the selected items in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer for the items contained in the shopping cart by clicking the button that completes the ordering process.

2.3 We can 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, or
• by delivering the ordered goods to you, whereby receipt of the goods by you is decisive, or
• by requesting payment after placing your order.

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

2.4 If you select a payment method offered by PayPal, payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if you do not have a PayPal account - Subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If you pay using a payment method offered by PayPal that can be selected during the online ordering process, we hereby declare our acceptance of your offer at the time you click the button that completes the ordering process.

2.5 When submitting an offer via our company's online order form, the contract text will be saved by us after the contract has been concluded and sent to you in text form (e.g., email, fax, or letter) after you have submitted your order. We will not make the contract text available to you beyond this time. If you have set up a user account in our online shop before submitting your order, the order data will be archived on our website and can be accessed free of charge via your password-protected user account by entering the corresponding login data.

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

2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact generally take place via 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 third parties commissioned by us to process orders can be delivered.

3.1 Consumers generally have a right of withdrawal.

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

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

4.1 Unless otherwise stated in our product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be 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 you must bear. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers 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 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 on a later due date with you.

4.5 If you select a payment method offered via the "PayPal" payment service, payment processing will be 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 payments to you (e.g., purchase on account or installment payments), we assign our payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our assignment declaration, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. We reserve the right to refuse the selected payment method if the check result is negative. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, you can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, we remain responsible for general customer inquiries, e.g., regarding goods, delivery times, shipping, returns, complaints, cancellation notices and returns, or credit notes.

4.6 If you select a payment method offered via the "Ratepay" payment service (e.g., Ratepay invoice, Ratepay advance payment, Ratepay direct debit, Ratepay installment payment), payment processing will be carried out by Ratepay GmbH, Ritterstr. 12-14, 10969 Berlin (hereinafter "Ratepay"), to which we assign our claim against you. You will be informed on our website which Ratepay payment methods we offer in detail. You can only make payments to Ratepay with debt-discharging effect. However, we remain responsible for general customer inquiries (e.g., regarding goods, delivery times, shipping, returns, complaints, cancellation notices and returns, or credit notes). Otherwise, Ratepay's General Payment Terms and Conditions apply, which can be accessed here: https://www.ratepay.com/legal-payment-terms/

4.7 If you select the payment method "Direct Debit via Ratepay," payment processing will be carried out by Ratepay GmbH, Ritterstr. 12-14, 10969 Berlin (hereinafter "Ratepay"). You grant Ratepay a SEPA direct debit mandate and instruct your bank to collect any due direct debits. You are responsible for ensuring that your current account has sufficient funds. If your current account does not have the required funds, the bank holding the account is not obligated to collect the payment. Ratepay reserves the right to conduct a credit check. If you are permitted to pay by direct debit, the payment will be processed via Ratepay, to which we assign our payment claim. You can only pay Ratepay with debt-discharging effect. We nevertheless remain responsible for general customer inquiries (e.g., regarding goods, delivery times, shipping, returns, complaints, cancellation notices and returns, or credit notes). Otherwise, Ratepay's General Payment Terms and Conditions apply, which can be accessed here: https://www.ratepay.com/legal-payment-terms/#ratepay-lastschrift

4.8 If you select credit card as your payment method, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, Germany, which authorizes us to collect the debt on our behalf. PAYONE GmbH will deduct the invoice amount from your specified credit card account. Your credit card will be charged immediately after you submit your order in the online shop. Even if you select credit card payment via PAYONE GmbH, we remain responsible for general customer inquiries, e.g., regarding goods, delivery times, shipping, returns, complaints, cancellation notices and returns, or credit notes.

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

5.2 If delivery of the goods fails for reasons for which you are responsible, you will bear the reasonable costs incurred by us as a result. This does not apply to the costs of delivery if you effectively exercise your right of withdrawal. If you effectively exercise your right of withdrawal, the provisions in our cancellation policy apply to the return shipping costs.

5.3 If you are acting as a business owner, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If you are acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to you upon delivery of the goods to you or an authorized person. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to you, even if you are acting as a consumer, as soon as we have delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, provided that you have commissioned the freight forwarder, 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 We reserve the right to withdraw from the contract in the event of incorrect or improper delivery to us. This only applies if the non-delivery is not our responsibility and we have concluded a specific hedging transaction with the supplier with due care. We will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, you will be informed immediately, and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to you as follows:

• via download
• by email

5.7 Digital content is provided to you as follows:

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

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

6.2 The transfer of the content to third parties or the creation of copies for third parties outside the scope of these Terms and Conditions is not permitted unless we have agreed to a transfer of the contractual license to the third party.

6.3 To the extent that the contract relates to the one-time provision of digital content, the grant of rights will only become effective once you have paid the contractually owed remuneration in full. We may also provisionally permit the use of the contractual content before this point in time. Such provisional permission does not constitute a transfer of rights.

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

Unless otherwise stipulated in the following provisions, the statutory liability for defects applies. 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 subsequent performance;
• For new goods, the limitation period for warranty claims is one year from delivery of the goods;
• For used goods, warranty rights are excluded;
• The limitation period does not begin again if a replacement delivery is made within the scope of the liability for defects.

8.2 The limitations of liability and deadline reductions set out above do not apply.

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

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

8.4 If you are a consumer, you are requested to complain to the delivery company about any goods delivered with obvious transport damage and to notify us of this. Failure to do so will have no effect on your statutory or contractual claims for defects.

The seller is liable to you for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

9.1 We are liable without limitation for any legal reason.

• in case of intent or gross negligence,
• in case of intentional or negligent injury to life, body or health,
• based on a guarantee promise, unless otherwise agreed,
• due to mandatory liability such as under the Product Liability Act.

9.2 If we negligently breach a material contractual obligation, liability is limited to the typical, foreseeable damages under the contract, unless we are subject to unlimited liability in accordance with the preceding paragraph. Material contractual obligations are obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance you can regularly rely.

9.3 Otherwise, we exclude liability.

9.4 The above liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.

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

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

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

10.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

10.5 You can only redeem one promotional voucher per order.

10.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded.

10.7 If the value of the promotional voucher is not sufficient to cover your order, you can choose one of the other payment methods we offer to pay the difference.

10.8 The balance of a promotional voucher will not be paid out in cash or bear interest.

10.9 The promotional voucher will not be refunded if you return the goods paid for in whole or in part with the promotional voucher within the scope of your statutory right of withdrawal.

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

11.1 Vouchers that can be purchased through our online shop (hereinafter "gift vouchers") can only be redeemed in our online shop, unless otherwise stated in the voucher.

11.2 Gift vouchers and any remaining balance on gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to your account until the expiration date.

11.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, you can choose one of the other payment methods we offer to settle the difference.

11.7 The balance of a gift voucher will not be paid out in cash or accrue interest.

11.8 The gift voucher is transferable. The seller can discharge the buyer's liability by making a payment 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 ignorance of the respective holder's ineligibility, legal incapacity, or lack of authority to represent.

12.1 Ordered items can be returned within 125 days of receipt. Magazines and knitting patterns are excluded from returns.

12.2 For customers with a delivery address in Germany or Austria:
- For invoice amounts of €40.00 or more, a free return label can be requested by email.
- For invoices under €40.00, you can request a return label via email upon request. In this case, a return shipping fee of €3.50 will be charged.

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

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

If you are a merchant, a legal entity under public law, or a special fund under public law with your 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 you are based 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. In the above cases, however, we are entitled in any case to bring the case before the court at your registered office.

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