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"), 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 stipulated.

1.3 These Terms and Conditions apply accordingly to contracts for the provision of digital content, unless otherwise stipulated. Digital content within the meaning of these Terms and Conditions is data that is created and provided in digital form.

1.4 For the purposes of these Terms and Conditions, you are a consumer if you enter into a legal transaction for purposes that are predominantly neither attributable to your commercial nor your independent professional activity.

1.5 For the purposes of these Terms and Conditions, an entrepreneur is you as a natural or legal person or as a legally capable partnership who, 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 as an invitation to you to submit a binding offer.

2.2 You can submit your offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding offer to purchase the goods in the shopping cart by clicking the button that completes the order 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 the receipt of the order confirmation by you is decisive, or
• by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
• by requesting payment from you after you have placed your order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting your offer begins on the day after you send your offer and ends at the end of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this is considered 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 processing is handled by 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/legalhub/paypal/useragreement-full , or – if you do not have a PayPal account – subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/legalhub/paypal/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 moment you click the button that completes the order process.

2.5 When you submit an offer via our company's online order form, the contract text will be stored by us after the conclusion of the contract and sent to you in text form (e.g., email, fax, or letter) after you submit your order. We will not make the contract text available to you in any other way. If you have created 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 by you via your password-protected user account using the corresponding login details.

2.6 Before submitting your order via our online order form, you can identify any input errors by carefully reading the information displayed on the screen. A useful technical aid for better error detection is your browser's zoom function, which enlarges the screen display. You can correct your entries during the electronic ordering process using standard keyboard and mouse functions until you click the button that completes the order.

2.7 You have several languages ​​available for concluding the contract. The specific language selection will be displayed in the online shop.

2.8 Order processing and communication 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 that address. In particular, if you use spam filters, you must ensure that all emails sent by us or by third parties commissioned by us to process your order 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 withdrawal does not apply to consumers who are not citizens of a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

4.1 Unless otherwise stated in our product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond our control and must be borne by you. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfers even 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 is agreed, payment is due immediately after conclusion of the contract, unless we have agreed a later due date with you.

4.5 When selecting a payment method offered via the "PayPal" payment service, payment processing is handled by PayPal, which may also utilize the services of third-party payment service providers. If we also offer payment methods via PayPal where we extend credit to you in advance (e.g., purchase on account or installment payment), 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, 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 in the event of a negative credit check result. 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 make payments with legally binding effect to PayPal or the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, we remain responsible for general customer inquiries. B. regarding goods, delivery time, shipping, returns, complaints, notices of cancellation and returns or credit notes.

4.6 If you select a payment method offered via the "Ratepay" payment service (e.g., Ratepay invoice, Ratepay prepayment, Ratepay direct debit, Ratepay installment payment), payment processing is handled 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 are listed on our website. You can only make payments to Ratepay with legally binding effect. However, we remain responsible for general customer inquiries (e.g., regarding the goods, delivery time, shipping, returns, complaints, cancellations, and refunds). Furthermore, Ratepay's General Terms and Conditions of Payment apply, which can be accessed here: https://www.ratepay.com/legal-payment-terms/

4.7 When selecting the payment method "Direct Debit via Ratepay," payment processing is handled by Ratepay GmbH, Ritterstr. 12-14, 10969 Berlin (hereinafter "Ratepay"). You grant Ratepay a SEPA direct debit mandate and instruct your bank to honor due direct debits. You are responsible for ensuring sufficient funds are available in your current account. If your current account does not have the required funds, your bank is under no obligation to honor the direct debit. Ratepay reserves the right to conduct a credit check. If payment by direct debit is approved, the payment will be processed by Ratepay, to whom we assign our payment claim. You can only make payments with legally binding effect to Ratepay. We remain responsible for general customer inquiries (e.g., regarding the goods, delivery time, shipping, returns, complaints, cancellations, and refunds). Furthermore, Ratepay's general terms and conditions of payment apply, which can be accessed here: https://www.ratepay.com/legal-payment-terms/#ratepay-lastschrift

4.8 When selecting 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 payment on our behalf. PAYONE GmbH will debit 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 when selecting credit card payment via PAYONE GmbH, we remain responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, cancellations, and refunds.

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

5.2 If delivery of the goods fails for reasons attributable to you, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of the initial shipment if you effectively exercise your right of withdrawal. For return shipping costs, the provisions set forth in our cancellation policy apply if you effectively exercise your right of withdrawal.

5.3 If you are acting as a business, the risk of accidental loss or damage to the goods sold passes to you as soon as we have handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If you are acting as a consumer, the risk of accidental loss or damage to the goods sold generally only passes to you upon delivery of the goods to you or an authorized recipient. Notwithstanding the above, if you are acting as a consumer, the risk of accidental loss or damage to the goods sold also passes to you as soon as we have handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, provided that you have commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment and we have not previously informed you of this person or entity.

5.4 Self-collection is not possible for logistical reasons.

5.5 Vouchers will be provided to you as follows:

• per Download
• by email

5.6 Digital content will be provided to you as follows:

• via direct access through our website
• per Download
• by email

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

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

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

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

Unless otherwise stipulated in the following provisions, the regulations governing statutory warranty rights apply. However, the following applies to contracts for the supply of goods:

8.1 If you are acting 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 restart if a replacement delivery is made under the warranty for defects.

8.2 The aforementioned limitations of liability and reductions of time limits do not apply.

• for your claims for damages and reimbursement of expenses,
• in the event that we have fraudulently concealed the defect,
• for goods which, according to their usual purpose, have been used for a building and have caused its defectiveness,
• for any existing obligation on our part to provide updates for digital products, in the case of contracts for the supply 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 are acting as a consumer, you are requested to report any delivered goods with obvious transport damage to the delivery person and to inform us of this. Failure to do so will not affect your statutory or contractual warranty rights.

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 referred to as "promotional vouchers") can only be redeemed in our online shop and only within 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, provided that a corresponding restriction is stated in the content of your promotional voucher.

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

9.5 Only one promotional voucher can be redeemed per order.

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

9.7 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.

9.8 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

9.9 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.

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

10.1 Vouchers that can be purchased via our online shop (hereinafter referred to as "gift vouchers") can only be redeemed in our online shop, unless otherwise stated on the voucher.

10.2 Gift vouchers and remaining balances on gift vouchers are redeemable until the end of the third year following the year of purchase. Remaining balances will be credited to you until the expiry date.

10.3 Gift vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used to purchase goods and not to purchase other gift vouchers.

10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by us can be chosen to pay the difference.

10.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.

10.8 The gift voucher is transferable. The seller may fulfill their obligations by providing the service 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 lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

11.1 The voluntary right of return granted below applies exclusively to consumers. Businesses are not granted a right of return. Furthermore, the right of return does not apply to consumers who are not citizens of a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are located outside the European Union at the time of conclusion of the contract.

11.2 Consumers can return ordered items within 125 days of receiving the goods. Gift vouchers, magazines, and knitting patterns are excluded from returns.

11.3 For consumers with a delivery address in Germany or Austria:
- For invoices over €40.00, a free return label can be requested via email.
- For invoices under €40.00, a return label can be requested via email for a fee. In this case, return shipping costs of €4.50 will be charged.

11.4 After receipt and inspection of the returned item, the order value (excluding shipping costs) will be refunded either via an email voucher code, which can be redeemed with a future order, or, at the consumer's request, by bank transfer to the original payment method or 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, were returned damaged or incomplete, if labels or original packaging are missing, or if the return shipment was not sufficiently prepaid.

All legal relations between you and us are governed by the laws of the Republic of Austria, excluding the laws on the international sale of goods. If you are acting as a consumer, this choice of law applies only to the extent that it does not deprive you of the protection afforded to you by mandatory provisions of the law of the country 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, and are domiciled 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, provided that the contract or claims arising from the contract can be attributed to your professional or commercial activities. In the aforementioned cases, however, we are entitled in any event to bring an action before the court at your registered office.

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