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General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Ulrich and Sagsöz OHG ) via the website upstitch-business.de , unless a change is agreed in writing between the parties. Differing or conflicting terms and conditions are only effective with our express consent.

(2) We only offer our products for sale if you are a natural or legal person or a partnership with legal capacity who, when concluding the legal transaction, is acting in the exercise of their commercial or independent professional activity (entrepreneur). A contract with consumers is excluded.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods . The main characteristics of the goods can be found in the respective offer.

(2) Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) You can submit a binding contract offer (order) by telephone, email, fax or post.

(4) Acceptance of the offer (and thus the conclusion of the contract) takes place immediately when ordering by telephone or at the latest within 5 days by confirmation in text form (e.g. email) in which you are informed of the execution of the order or delivery of the goods is confirmed (order confirmation).
If you have not received a corresponding message within this period, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Individually designed goods

(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or at the latest immediately after conclusion of the contract by email. Our possible specifications regarding file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.

(3) We do not check the transmitted data for accuracy and therefore accept no liability for errors.

(4) If stated in the respective offer, we will send you a correction template, which you must check immediately. If you agree with the draft, release the correction template for execution by countersigning it in text form (e.g. email).
The design work will not be carried out without your approval.
You are responsible for checking the correction template for accuracy and completeness and notifying us of any errors. We assume no liability for errors not complained about.

§ 4 Prices, payment conditions and shipping costs

(1) The prices listed in the respective offers as well as the shipping costs represent net prices. They do not include statutory VAT.

(2) The shipping costs incurred are not included in the purchase price; they are calculated separately unless free shipping is guaranteed. Further details can be found under a correspondingly labeled button on our website or in the respective offer.

(3) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. Unless a different payment deadline is specified for the individual payment methods or on the invoice, the payment claims arising from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if expressly stated in the respective offer or invoice.

§ 5 Delivery conditions

(1) The expected delivery period is stated in the respective offer. Delivery dates and delivery times are only binding if they have been confirmed by us in writing. If you pay in advance by bank transfer, the goods will be dispatched only after receipt of the full purchase price and the shipping costs with us.

(2) If, contrary to expectations, a product you have ordered is not available despite the timely conclusion of an adequate cover transaction for a reason for which we are not responsible, you will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.

(3) Shipping is at your risk. If you wish, shipping will be carried out with appropriate transport insurance, with the resulting costs being borne by you.

(4) Partial deliveries are permitted and can be invoiced by us independently, provided that this does not incur additional costs for shipping.

§ 6 Warranty

(1) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:

- for culpably caused damages attributable to us resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
- if we fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for items that were used for a building in accordance with their normal use and caused its defects;
- in the event of legal recourse claims that you have against us in connection with defect rights.

(2) Only our own information and the manufacturer's product description are deemed to be agreed as to the quality of the item, but not other advertising, public praise and statements made by the manufacturer.

(3) In the event of defects, we will, at our discretion, provide warranty through repair or subsequent delivery. If the defect cannot be remedied, you can either request a reduction in price or withdraw from the contract. The elimination of defects is deemed to have failed after an unsuccessful second attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods.

§ 7 Right of retention, retention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods is transferred.

(3) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale and we accept the assignment. You are still authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

(4) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

(5) We undertake to release the securities to which you are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 8 Choice of law, place of performance, place of jurisdiction

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) Place of performance and place of jurisdiction is our registered office if you are a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.





II. Customer information

1. Identity of the provider

Ulrich and Sagsöz OHG
Commercial ring 8
86922 Eresing
Germany
Telephone: 017643288109
Email: upstitch-studios@gmail.com



2. Information on the conclusion of the contract

The technical steps for concluding the contract and the contract itself are carried out in accordance with Section 2 of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. We do not save the complete contract text. Before sending the order or inquiry, the contract data can be printed out or saved electronically using the browser's print function.

These general terms and conditions and customer information were created by the dealer association's lawyers who specialize in IT law and are constantly checked for legal compliance. Merchant Association Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/dienste/rechtssicherheit/agb-service.

last updated: January 1, 2022