1. Applicability

The general terms of business (the Allgemeine Geschäftsbedingungen or AGB) apply to all transactions conducted on the website www.spinnerei-laden.de between the Spinnerei Betriebsgesellschaft mbH (henceforth referred to as the “Spinnerei”) and you, the end customers. We remind you that we only supply consumers as defined in § 14 BGB. This online store is not for use by commercial buyers or intermediate dealers, who should contact us directly.

For any texts in two languages, the German version is the official version.

 

2. Offer and conclusion of contract

The customer can choose from the Spinnerei’s range of products and transfer their chosen items to the so-called “basket” by pressing the “move to basket” button. Clicking on the “submit order” button constitutes a legally binding application to purchase the products in the basket. Previous to submitting their order, the customer can review and change the data at any time. The application can only be submitted and received once the customer has accepted the conditions of this agreement by clicking on “accept general terms of business”.

 

The Spinnerei will then send the customers an automatic confirmation email, listing the items ordered by the customers. The customer can print this using the “print” function. This automatic confirmation documents that the Spinnerei has received the customer’s order, not that it has accepted it. In the order confirmation, the Spinnerei will remind the end customer of their right to cancel their order. An agreement exists once the Spinnerei has sent a second email declaring its acceptance. The Spinnerei has the right to acknowledge acceptance through conduct from which the intention may be implied – by sending the product, for instance.

 

3. Delivery and product availability

If a product selected by the customer is not in stock at the time of ordering, the Spinnerei must inform the customer. If the product cannot be supplied in the long term, the Spinnerei will inform the customer of this and will not make a declaration of acceptance. In this case, no agreement exists. The unavailability of an item does not justify any legal claim by the person who placed the order.

 

If the product ordered by the customer is only temporarily unavailable, the Spinnerei will also inform the customer of this immediately in the order confirmation. In this case, an agreement exists. If delivery of the item is delayed for more than two weeks, the customer has the right to withdraw from this agreement and to withdraw their consent. In this situation, the Spinnerei also has the right to withdraw from the agreement, in which case it will refund any payment it has already received from the customer.

 

4. Communication and notification

When they place their order (if not before) the person placing the order must provide an address for electronic post (an email address). They guarantee that this address will function from the time the order is placed until the final conclusion of the agreement.

In particular, the customer must ensure that the spam filter and email clients (local and/or with a provider) will allow emails from the Spinnerei Betriebsgesellschaft mbH to get through. The email address given is used as the default for future orders, except in the case of cancellation or notice of a change of address.

 

5. The contracting party

For orders made through the website www.spinnerei-laden.de, the person placing the order is the contracting party:

 

SPINNEREI

Spinnerei Betriebsgesellschaft mbH

Spinnereistrasse 7

04179 Leipzig

Executive director: Tillmann Sauer-Morhard, Dr. Florian Busse

Amtsgericht Leipzig – HRB 23800

Sales tax identification number: DE257 447 039

Telephone: +49 (0)341/ 47 84 141

Fax: +49 (0) 341/ 49 80 375

E-Mail: mail@spinnerei-laden.de

www.spinnerei-laden.de

6. Cancellation rights/ Cancellation policy

An end customer using www.spinnerei-laden.de to place an order has the right to withdraw the declaration of intention they gave in concluding the contract for two weeks afterward without giving reason - beginning (at the earliest) on the day after the product is received, if the customer has already received the cancellation policy in text form at this time. The customer can withdraw by returning the product to the Spinnerei’s address or by writing to the Spinnerei to inform them. The time limit has been complied with if the cancellation notice or the product has been dispatched within the time limit. This right of cancellation does not apply to agreements to supply audio and video recordings or software, if the supplied media storage medium has been unsealed by the purchaser.

 

In the event of cancellation

Any items that can be sent by post are to be sent to the Spinnerei address. We accept any costs and liability for postage. Notwithstanding the above, the customer pays the regular costs of returning the item if the gross retail price of the item to be returned does not exceed 40.00 EUR or if the price is higher than 40.00 EUR but the customer has not paid the full price or a part payment at the time of cancellation. This does not apply if the supplied item was not the item ordered. Products that cannot be sent by post will be picked up directly from the customer.

 

On valid cancellation, the Spinnerei will return any payment already made to the customer. A customer who is unable to return the goods or only returns them partially or in a deteriorated condition must provide compensation, even if the deterioration comes from putting the item to its designated use. The reduction in value may be as much as the total cost of the item. The customer can avoid this liability by not using the goods as if he were the owner and by refraining from any action that would diminish their value.

 

The cancellation notice or returned items should be addressed to:

Spinnerei Betriebsgesellschaft mbH, Spinnereistraße 7, 04179 Leipzig, Germany

Fax: +49 (0) 341/ 49 80 375 / E-Mail: mail@spinnerei-laden.de

 

7. Prices and delivery costs

All prices are in euros, and include the applicable VAT for each country plus delivery costs. The prices that were valid at the time of ordering apply. The amount of the legal sales tax depends on the article ordered.

 

The delivery costs will be listed for the customer in the purchase order form.

 

The products will be sent by post. If the customer wants insured delivery, they must select that option when choosing delivery options in their purchase order form. The added costs attached, to be met by the customer, are listed in the purchase order form.

 

a) Delivery within Germany

Deliveries will take up to 7 days after payment. If the delivery time for a certain product is different, it will be displayed on the relevant product’s page. As soon as the products have been packaged and dispatched, the customer will receive notification of dispatch, again listing the dispatched items.

 

b) Deliveries abroad

Deliveries to countries within Europe will take up to 20 days.

Deliveries to countries outside Europe may vary widely depending on the destination country and the type of postage. Delivery may take up to 30 days.

 

c) Delivery costs

Please see our current list of prices for delivery costs. (Delivery costs.pdf)

 

All the abovementioned information on estimated delivery times is non-binding unless an explicitly binding agreement exists between you the customer and the Spinnerei.

 

8. Terms of payment

The invoiced amount for the order is due immediately after the conclusion of the contract. If the payment is not made (or not made in full) within two weeks, we have the right to cancel your order.

Payments and transfers can be made to the following account, stating the order number and the name of the person placing the order:

 

Spinnerei Betriebsgesellschaft mbH

Account number: 140 268 402

Bank sort code: 860 700 24

Deutsche Bank AG, Leipzig

BIC: DEUT DE DBLEG

IBAN: DE58 8607 0024 0140 2684 02

 

We accept payment by credit card or WorldPay, advance payment or PayPal.

 

a) Paying by credit card/ WorldPay

The Spinnerei accepts VISA, EURO-/MASTERCARD and American Express. The customer provides their card number, their card security code and the card’s expiry date. * For Visa and EURO/MASTERCARD, the card security code is on the back of the credit card. It is a three-digit number code following the 16-digit card number. For American Express, the card security code is a 4-digit number code on the front of the card and above the credit card number.

In the invoicing process, the customer’s card account will be charged with the invoiced amount.
 

b) Advance payment

The Spinnerei sends the customer its bank details in the order confirmation email. Once the amount has been transferred to the account, the items will be dispatched. Please make the payment only after receiving the order confirmation!

c) Payment using PayPal

PayPal is an online payment service offered by the firm PayPal (Europe) S.à r.l. & Cie, S.C.A, providing a real-time payment solution.
To be able to use PayPal, the customer needs to have a PayPal account. Users can entrust their bank or credit card details to this account, so that these do not have to be provided for every purchase. Using PayPal, the customer can pay easily, by giving their email address and password. The amount will be charged directly to his or her account, and he or she will be sent an order confirmation by email.
See www.paypal.de for further information.

 

d) Late payment

If the customer is late in paying, the Spinnerei reserves the right to charge interest at the statutory rates. The customer’s obligation to pay interest does not exclude the Spinnerei from claiming for any further losses caused by the delay.

 

9. Reservation of property rights

The delivered items remain the property of the Spinnerei Betriebsgesellschaft mbH until they have been paid for in full.

 

10. Liability for material defects/warranty

If the package is clearly damaged, the person who placed the order must make a complaint to the delivery service immediately, and inform the Spinnerei Betriebsgesellschaft mbH.

 

The Spinnerei is liable for any product defects under the relevant legal regulations, and specifically §§ 434 ff BGB.

 

11. Liability

Compensation claims on the part of the customer are excluded. Exempt from this rule are claims for damages due to injury to life and limb or health, or in case of gross violation of contractual duties (cardinal obligations), as well as liability for other damages based on deliberate or gross negligence by the Spinnerei, its legal representatives or assistants. Cardinal obligations are those whose performance is necessary to achieve the object of the agreement.

 

In case of any violation of the contractual obligations, the Spinnerei is only liable for the damages that are foreseeable and typical for the contract – provided that this is caused by simple negligence. Exceptions include claims by the customer for damages due to injury to life and limb or to health.

 

The restrictions mentioned in paragraphs 1 and 2 also apply in favour of the legal representatives and assistants of the Spinnerei if claims are asserted directly against them.

 

The regulations of Germany’s Produkthaftungsgesetz (product liability law) are unaffected.

 

12. On data handling

The Spinnerei receives data from customers in processing their orders. This is done in compliance with Germany’s Bundesdatenschutzgesetz and Teledienstdatenschutzgesetz (the federal data protection act and the teleservice data protection law). Unless the customer gives prior consent, the Spinnerei only collects, processes, or uses the inventory or usage data of customers insofar as these are needed to fulfil the contractual relationship and for the use and invoicing of teleservices.

 

The Spinnerei will not use customers’ data for the purposes of advertising, marketing research or opinion polls without their prior consent.

 

Customers will be able to review, change or delete their saved data at any time using the “My Account” button.

 

13. Picture rights

All picture rights are owned by the Spinnerei Betriebsgesellschaft mbH and its partners. Use of these without express permission is prohibited.

 

14. Final provision

The laws of the Federal Republic of Germany shall apply to agreements between the Spinnerei and the customer, excluding UN purchase law.

 

If the contracting party is a registered merchant or a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the terms of the contract will be Leipzig.

 

The contract remains binding with respect to its remaining parts even if individual points are legally ineffective. In case of a conflict with the Terms and Conditions for Contract and Purchase for customers, only the Spinnerei’s General Terms of Business shall apply.

15. Text of agreement

The text of the contract will be stored on our internal system. You will be able to view the General Terms of Business on this site at any time. The order data and the General Terms of Business will be sent to you by email. After you have completed your order, your order details will no longer be accessible on the Internet for security reasons.

 

The customer’s General Terms of Business only apply insofar as an express previous written agreement has been issued by the Spinnerei Betriebsgesellschaft mbH.