Terms & Conditions

Terms & Conditions

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as the "GTC") of FILATI eCommerce GmbH (hereinafter referred to as "we/us") apply to all contracts for the delivery of goods that you, as a consumer or entrepreneur (hereinafter referred to as „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 GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated in this respect.

1.3 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise stipulated in this respect. Digital content within the meaning of these GTC means 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 independent professional activity.

1.5 You are an entrepreneur within the meaning of these GTC if you are a natural or legal person or a partnership with legal capacity acting, when concluding a legal transaction, in the exercise of your commercial or independent professional activity.

2) Conclusion of the Contract

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

2.2 You can submit the offer using 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 contractual offer with regard to the goods contained in the shopping cart 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 placed your order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when the first of the aforementioned alternatives occurs. The period for accepting your offer begins on the day after you send your offer and ends upon expiry of the fifth day following the sending 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 r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as „PayPal“), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/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/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 acceptance of your offer at the time you click the button that completes the ordering process.

2.5 When you place an order using our online order form, we store the contract text after the contract has been concluded and send it to you in text form (e.g. email, fax or letter) after you have submitted your order. We do not make the contract text accessible beyond this. If you have created a user account in our online shop before submitting your order, your 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 details.

2.6 Before submitting a binding order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of making input errors easier to identify may be your browser's zoom function, 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 generally takes place automatically by email. You must ensure that the email address you provide for order processing is correct so that you can receive the emails sent by us at this address.

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 cancellation policy.

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

4) Prices and Terms of Payment

4.1 Unless otherwise stated in our product description, the prices quoted are total prices including statutory value added tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which we are not responsible and which must be borne by you. These include, for example, costs for transferring money through financial 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 the transfer of funds 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 a later due date with you.

4.5 If you select a payment method offered via the „PayPal“ payment service, payment will be processed via PayPal, which 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 account or payment by instalments), 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 at the agreed payment intervals. In this case, payment with debt-discharging effect can only be made 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 enquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations and submissions of withdrawal or credit notes.

4.6 If you select a payment method offered via the „Apple Pay“ payment service, payment will be processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland („Apple“). The individual payment methods offered via Apple Pay will be communicated to you in our online shop. Apple may use other payment services to process payments, for which special payment terms may apply and of which you may be informed separately. Further information about Apple Pay is available online at https://www.apple.com/de/apple-pay/.

4.7 If you select a payment method offered via the „Google Pay“ payment service, payment will be processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland („Google“). The individual payment methods offered via Google Pay will be communicated to you in our online shop. Google may use other payment services to process payments, for which special payment terms may apply and of which you may be informed separately. Further information about Google Pay is available online at https://pay.google.com/intl/de_de/about/.

4.8 If you select a payment method offered via the "Ratepay" payment service (e.g. Ratepay invoice, Ratepay advance payment, Ratepay direct debit, Ratepay payment by instalments), payment will be processed by Ratepay GmbH, Ritterstr. 12-14, 10969 Berlin (hereinafter referred to as “Ratepay”), to which we assign our claim against you. The specific Ratepay payment methods we offer will be communicated to you on our website. Payment with debt-discharging effect can only be made to Ratepay. However, we remain responsible for general customer enquiries (e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations and submissions of withdrawal or credit notes). In all other respects, Ratepay's General Payment Terms apply and can be accessed here: https://www.ratepay.com/legal-payment-terms/

4.9 If you select the „Direct debit via Ratepay“ payment method, payment will be processed via Ratepay GmbH, Ritterstr. 12-14, 10969 Berlin (hereinafter referred to as „Ratepay“). You grant Ratepay a SEPA direct debit mandate and instruct your financial institution to honour direct debits when due. You must ensure that your current account has sufficient funds. If your current account does not have sufficient funds, the financial institution maintaining the account is under no obligation to honour the debit. Ratepay reserves the right to carry out a credit check. If you are permitted to pay by direct debit, payment will be processed via Ratepay, to which we assign our payment claim. Payment with debt-discharging effect can only be made to Ratepay. Nevertheless, we remain responsible for general customer enquiries (e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations and submissions of withdrawal or credit notes). In all other respects, Ratepay's General Payment Terms apply and can be accessed here: https://www.ratepay.com/legal-payment-terms/#ratepay-lastschrift

4.10 If you select credit card as the 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 we authorise to collect receivables on our behalf. PAYONE GmbH collects the invoice amount from the credit card account specified by you. The credit card will be charged immediately after your order has been submitted in the online shop. Even if credit card payment via PAYONE GmbH is selected, we remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations and submissions of withdrawal or credit notes.

5) Delivery and Shipping Terms

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

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 to the costs of outbound delivery if you validly exercise your right of withdrawal. If you validly exercise your right of withdrawal, the provision regarding return shipping costs set out in our cancellation policy applies.

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 goods 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 to you only when the goods are handed over to you or to a person authorised to receive them. Notwithstanding the foregoing, even if you act as a consumer, the risk of accidental loss and accidental deterioration of the goods sold passes to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment if you commissioned the forwarding agent, carrier or other person or institution designated to carry out the shipment and we did not previously name that person or institution to you.

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

5.5 Digital content will be made available to you as follows:

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

5.6 Vouchers will be made available to you as follows:

• by download
• by email

6) Granting of Rights of Use for Digital Content

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

6.2 Passing the content on to third parties or making copies for third parties is not permitted unless we have consented to the transfer to the third party of the licence that is the subject of the contract.

6.3 Insofar as the contract concerns the one-time provision of digital content, the granting of rights shall only become effective once you have paid the contractually owed remuneration in full. We may provisionally permit use of the content that is the subject of the contract even before this time. No transfer of rights takes place as a result of such provisional permission.

7) Retention of Title

If we make advance delivery, we retain title to the goods delivered 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. Notwithstanding the foregoing, the following applies to contracts for the delivery of goods:

8.1 If you act as an entrepreneur,

• we may choose the type of subsequent performance;
• for new goods, the limitation period for claims for defects is one year from delivery of the goods;
• claims for defects are excluded for used goods;
• the limitation period does not recommence if a replacement delivery is made under the liability for defects.

8.2 The limitations of liability and reductions of time limits stipulated above do not apply

• to your claims for damages and reimbursement of expenses,
• if we fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their customary manner of use and have caused the building to be defective,
• to any 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 statutory right of recourse remain unaffected.

8.4 If you act as a consumer, you are requested to complain to the delivery agent about goods delivered with obvious transport damage and to inform us accordingly. If you fail to do so, this will have no effect whatsoever 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 period of validity and that cannot be purchased by you (hereinafter referred to as "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 arises from the content of your Promotional Voucher.

9.4 Promotional Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

9.5 Only one Promotional Voucher can be redeemed by you per order.

9.6 If our Promotional Voucher relates to a specific value rather than a percentage discount, the value of your goods must be at least equal to the amount of the Promotional Voucher. We will not refund any remaining balance.

9.7 If the value of the Promotional Voucher is insufficient to cover your order, you can select one of the other payment methods offered by us to pay the difference.

9.8 The balance of a Promotional Voucher will neither be paid out in cash nor bear interest.

9.9 The Promotional Voucher will not be refunded if you return goods paid for in whole or in part with the Promotional Voucher under your statutory right of withdrawal.

9.10 The Promotional Voucher is intended solely 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 substantive entitlement of the respective voucher holder.

10) Redemption of Gift Vouchers

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 can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

10.3 Gift Vouchers can only be used to purchase goods and not to purchase additional Gift Vouchers.

10.4 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by us can be selected to pay the difference.

10.5 The balance of a Gift Voucher will neither be paid out in cash nor bear interest.

10.6 The Gift Voucher is transferable. The seller may render performance with debt-discharging effect to the respective holder who redeems the Gift Voucher in the seller's online shop. This does not apply if the seller is aware, or is grossly negligent in being unaware, that the respective holder is not entitled, lacks legal capacity or lacks authority to represent.

11) Voluntary Right of Return (Consumers Only)

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

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

11.3 The following applies to consumers with a delivery address in Germany or Austria:
- For an invoice amount of € 40.00 or more, a free returns label can be requested by email.
- For an invoice amount below € 40.00, a returns label subject to a charge can be requested by email. In this case, return shipping costs of € 4.50 will be charged.

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

12) Applicable Law

All legal relationships between us are governed by the law of the Republic of Austria, to the exclusion of the laws governing the international sale of movable goods. If you act as a consumer, this choice of law applies only insofar as it does not deprive you of the protection afforded by mandatory provisions of the law of the country in which you have your habitual residence.

13) Place of Jurisdiction

If you are a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Republic of Austria, our registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract. If your registered office is outside the territory of the Republic of Austria, our registered office shall be 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.