General Terms And Conditions

General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts, which you conclude with us as a supplier (cats on appletrees OHG) via the shop.catsonappletrees.de website. Unless otherwise agreed, the inclusion of your own terms and conditions is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "Basket". You can use the corresponding button in the navigation bar to call up the "Basket" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be directed back to the order overview page in our online shop.
Before submitting the order, you have the option here to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order using the "Buy Now" button, you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by email. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Conclusion of the contract for download products

(1) The subject of the contract is the sale of download products (digital content that is not supplied on a physical data carrier).
As soon as the respective download product is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified in the item description.

(2) The contract is concluded via the online shopping cart system as follows:
The download products intended for purchase are placed in the "Basket". You can use the corresponding button in the navigation bar to call up the "Basket" and make changes there at any time. After calling up the "Checkout" page and entering your personal data and the terms of payment, all of the order data are then displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express) as a payment method, you will either be taken to the order overview page in our online shop or you will first be forwarded to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be directed back to the order overview page in our online shop.
Before submitting the order, you have the option here to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order using the "Buy Now" button, you declare legally binding acceptance of the offer, whereby the contract is concluded.

(3) 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 e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 4 Usage License for Download Products

(1) The download products offered are protected by copyright. You will receive a simple license for every download product purchased from us, unless otherwise stated in the respective offer.

(2) The simple user license includes the permission to save and / or print out a copy of the download product for your personal use on your computer or other electronic device.
You are prohibited from making any further copies. You are expressly forbidden to change or edit a file or parts of it and to make it privately or commercially available to third parties in any way.

§ 5 right of retention, reservation of title

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

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or security transfer is not permitted.

b) 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 accrue to you from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) When combining and mixing the reserved goods, 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.

d) We undertake to release the securities to which we 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%. The selection of the securities to be released is up to us.

§ 6 Warranty

(1) The statutory warranty rights exist.

(2) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.

(3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:

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

b) In the event of defects, we guarantee, at our option, repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or the other circumstances. In the case of rework, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

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

- culpably caused damage attributable to us from injury to life, body or health and in the case of other damage caused intentionally or through gross negligence;
- as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for things that have been used for a building in accordance with their normal use and have caused its defectiveness;
- In the case of legal recourse claims that you have against us in connection with warranty rights.

§ 7 Choice of law

(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).

(2) The provisions of the UN Sales Convention expressly do not apply.

§ 8 Commercial use of cats on appletrees motifs / products

(1) All motifs from cats on appletrees are protected by copyright and may not be reproduced in any way without our permission. For any sale of works that are produced with our products (stamps, papers, plot files, embroidery files, templates), the conditions specified in points 1-6 below apply:

1. Only handmade products are allowed to be sold.
2. In the case of stamped works, a maximum of 15 products with the same motif may be sold.
3. In the case of plotter files, a maximum of 5 designed works per file may be sold.
4. Hand-made works may only be sold to end customers.
5. The products must bear a reference to the origin of the motifs used. You can also use our logo stamps - to be found here: https://shop.catsonappletrees.de/Logostempel-cats-on-appletrees
6. Selling in online shops and on virtual marketplaces requires special approval. Please send us examples of your work to info@catsonappletrees.de. This is not a qualitative assessment of your work, but we simply want to have an idea of the extent to which our stamps are part of your designs.

(2) It is forbidden to use motifs from cats on appletrees for the purpose of creating logos or company trademarks.

(3) People who use cats on appletrees products for commercial purposes assume full liability. Accordingly, you agree to indemnify and hold harmless cats on appletrees with regard to all disputes that may arise as a result of their work.

(4) Any failure by cats on appletrees to enforce any of its rights does not constitute a waiver of such rights.

II. Customer information

1. Identity of the seller

cats on appletrees OHG
Bremer Str. 16
01067 Dresden
Germany
Telephone: 035120588305
E-Mail: info@catsonappletrees.de

Amtsgericht Dresden | HRA 11131

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.

2. Information on the formation of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "conclusion of the contract" 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 full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.

4. Essential characteristics of the good or service

The essential characteristics of the goods and / or services can be found in the respective offer.

5. Prices and payment methods

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. If the delivery is made to countries outside the European Union, additional costs for which we are not responsible may arise, such as Duties, taxes, or money transfer fees (bank transfer fees or foreign exchange fees) that you are responsible for.

5.4. Any costs incurred for the money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases in which the delivery takes place in an EU member state, but the payment was initiated outside the European Union.

5.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Terms of delivery

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.

6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.

If you are an entrepreneur, delivery and dispatch are at your own risk.

7. Statutory warranty law

Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).

These terms and conditions and customer information were created by the lawyers of the Händlerbund specializing in IT law and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

8. Commercial use of cats on appletrees motifs / products

All motifs from cats on appletrees are protected by copyright and may not be reproduced in any way without our permission. For any sale of works that are produced with our products (stamps, papers, plot files, embroidery files, templates), the conditions specified in points 1-6 below apply:

It is prohibited to use motifs from cats on appletrees for the purpose of creating logos or company trademarks.

People who use cats on appletrees products for commercial purposes assume full liability. Accordingly, you agree to indemnify and hold harmless cats on appletrees with regard to all disputes that may arise as a result of their work.

Any failure by cats on appletrees to enforce any of their rights does not constitute a waiver of such rights.

last update: 01.01.2021