1 SCOPE OF APPLICATION

1. For the business relationship between Yarn Me Up (owner: Johanna Schütz, Steingasse 2, 91077 Hetzles, hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer"), the following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively in the version valid at the time of the order.

2. You can reach our customer service for questions, complaints and objections by e-mail at info@yarnmeup.com.

3. A consumer in the sense of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).

4. These GTC shall apply accordingly to contracts for the delivery of digital content, unless otherwise expressly stipulated.

5. Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.

6. Digital contents in the sense of these GTC are all data not located on a physical data carrier, which are produced in digital form and provided by the seller under the granting of certain rights of use regulated in more detail in these GTC.​

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2 CONTRACTING PARTIES, CONCLUSION OF THE CONTRACT, CORRECTION OPTIONS

1. The purchasing contract is concluded with Yarn Me Up.

2. By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not represent an acceptance of the application.

3. The German and English languages are available for the conclusion of the contract.

4. The order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller can be delivered.

 

3 RIGHT OF REVOCATION

1. Consumers are generally entitled to a right of revocation.

2. More detailed information on the right of revocation can be found in the seller's revocation policy.

3. The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.

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4 APPLICATION AS A TEST-KNITTER

1. We offer you the opportunity to apply as a test knitter ("tester") for Yarn Me Up. The use of the services advertised at www.yarnmeup.com does not necessarily require the application as a tester; our services are therefore also available without the application.

2. To apply as a tester, you must electronically fill out the application form available on our website. For this purpose, you have to provide in particular your first name, an email address and your Instagram account handle. You must provide the data required for the application completely and truthfully. The application is free of charge.

3. When applying as a tester, you must agree to the validity of these T&Cs. You can delete your application at any time by sending an e-mail to info@yarnmeup.com or by using the contact form on the website. The application alone does not constitute any obligation with regard to the testing of instructions offered by us.

4. If your personal information changes, you are responsible for updating it. All changes can be made by sending an e-mail after the application to info@yarnmeup.com or by using the contact form of the website.

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5 PRICES AND TERMS OF PAYMENT

1. Unless otherwise stated in the Seller's product description, the prices quoted are total prices. Sales tax is not shown, as the seller is a small entrepreneur in the sense of the UStG. Any additional delivery and shipping costs will be indicated separately in the respective product description.

2. In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or 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 the customer makes the payment from a country outside the European Union.

3. The payment option(s) will be communicated to the Customer in the Seller's online store.

4. If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

5. If payment is made by means of a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 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/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms of Payment without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

6. If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the Provider assigns its payment claim. The secupay AG collects the invoice amount from the specified credit card account of the customer. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card shall be charged immediately after the customer's order has been sent in the online store. Even if the credit card payment method is selected, the provider shall remain responsible via secupay AG for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes.

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6 DELIVERY CONDITIONS

1. We deliver free of shipping costs.

2. Unfortunately, self-collection of the goods is not possible. 

3. Digital content is provided to the customer exclusively in electronic form as follows:
   - via download

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7 GRANTING OF RIGHTS OF USE FOR DIGITAL CONTENT

1. Unless otherwise stated in the description in the Seller's online store, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the ceded content exclusively for private purposes.

2. The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC shall not be permitted unless the Seller has agreed to a transfer of the contractual license to the third party.

3. The granting of rights shall only become effective when the Customer has paid the contractually owed remuneration in full. The Seller may provisionally permit the use of the contractual content even before this point in time. Such provisional permission does not constitute a transfer of rights.

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8 RETENTION OF TITLE

1. The goods remain our property until full payment.

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9 WARRANTIES AND GUARANTEES

1. Liability for defects
   The statutory liability law for defects shall apply.

2. Warranties and customer service
   Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online store.

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10 APPLICABLE LAW

1. The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

2. Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

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11 LIABILITY

​For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

• ​​in case of injury to life, body or health,

• in case of intentional or grossly negligent breach of duty,

• in the case of warranty promises, insofar as agreed, or

• insofar as the scope of application of the Product Liability Act is opened.

​In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. 

Otherwise, claims for damages are excluded.

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CONTENTS AND LINKS

We make every effort to ensure that the information and links contained on this website are accurate, complete and up to date. All contents are created with due diligence and to the best of our knowledge. However, we cannot guarantee the accuracy, completeness and timeliness of the content. As a service provider, we are responsible for our own content on these pages in accordance with § 7 paragraph 1 TMG under the general laws. According to § 8 to 10 TMG, we are not obligated to monitor transmitted or stored foreign information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under the general laws remain unaffected. However, liability in this regard is only possible from the point in time at which a concrete infringement of the law becomes known. If we become aware of any such infringements, we will remove the relevant content immediately.

Insofar as we refer to third party websites on the website by means of hyperlinks, we cannot accept any liability for the ongoing topicality, correctness and completeness of the linked content, as this content lies outside our area of responsibility and we have no influence on its future design.

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12 COPYRIGHTS AND OTHER COMMERCIAL PROPERTY RIGHTS

1. The information and other content provided by us is owned by us or by persons who have granted us a license to do so. We grant you the limited, non-transferable, non-sublicensable, personal, non-exclusive, revocable right to use our website in accordance with these TOS.

2. The information and other content published on our website is subject to German copyright and ancillary copyright law. Any use not permitted by German copyright and ancillary copyright law requires our prior written consent. This applies in particular to the copying, editing, translation, storage, processing or reproduction of content or entire pages.

3. The display of this website in external frames is only permitted with written permission.

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13 CANCELLATION POLICY & CANCELLATION FORM

Consumers are entitled to a right of revocation according to the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity:

 

CANCELLATION POLICY

Right of Withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

In the case of contracts for the delivery of goods, the withdrawal period shall be fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.

In the case of contracts for the delivery of data that is not on a physical medium and is produced and made available in digital form (digital content), the withdrawal period shall be fourteen days from the day on which the contract is concluded.

To exercise your right of withdrawal, you must inform us (Johanna Schütz, Yarn Me Up, Steingasse 2, 91077 Hetzles, Germany, Phone: 017672792505, E-Mail: info@yarnmeup.com) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

In the case of contracts for the supply of goods, we may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

The right of withdrawal expires prematurely for contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

The right of withdrawal expires prematurely for contracts for the delivery of digital content if we have started the execution of the contract after you have expressly agreed that we start the execution of the contract before the expiry of the withdrawal period and you have confirmed your knowledge to us that you lose your right of withdrawal by your agreement with the start of the execution of the contract.

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Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back).

• To Johanna Schütz, Steingasse 2, 91077 Hetzles, Germany, info@yarnmeup.com

•  I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*):

• Ordered on (*)/received on (*):

• Name of the consumer(s):

• Address of the consumer(s):

• Signature of consumer(s) (only in case of paper communication):

• Date(s):

 

(*) Delete where not applicable.

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14 DATA PROTECTION NOTICE

The protection of your personal data is an important concern for us. For more information, please refer to our privacy policy, which is available under the privacy policy of this website.

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 15 FINAL REGULATIONS 

1. Contractual language is German.

2. The European Commission provides a platform for online dispute resolution, which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.