General Terms and Conditions for Users on www.crazypatterns.net
Date: April 17, 2018
1.1 We, AISYS, SIA (hereinafter: AISYS), offer you needlework and craft templates and other content to download in digital form (hereinafter: templates), which you may download as a registered user. These General Terms and Conditions (hereafter: terms and conditions) apply to all your orders with us. They regulate the legal relationship between you and us.
1.2 Our offer is exclusively aimed at private individuals of adult age.
1.3 For the sake of better readability, we use the male form in these terms and conditions without any inference of value to be perceived herein. In particular, users and authors are to be understood as those of both male and female gender.
2.1 In order to download digital templates, you must register as a user and we must agree to the registration.
2.2 You must have unlimited legal capacity to register and use our offer.
2.3 Multiple registrations of one person are only permitted with our specific approval.
2.4 Registration is free.
2.6 Your data to be provided in the registration process is complete and truthful and always up to date.
2.7 The password you choose must be secure, for example, through the use of additional special characters.
2.9 The request will be sent to us. You will then be sent a confirmation to your registered email address during the registration process. In this confirmation email you will find a link to confirm your email address. Only upon the confirmation of your email address is your registration considered complete and a contract is established between you and us for the use of the offers on www.crazypatterns.net.
2.10 Upon completed registration you will gain access to your user account.
2.11 You can always inform us that you would like to close your user account with us. We will close your account as soon as all open business transactions are settled. If there are any remaining funds left on your credit account, please use these first, as they cannot be paid out. The details can be found below under point 8.
3. Your obligations
3.1 You are obliged to keep your access data confidential, not to pass it on to third parties, store it in a manner so that it is not accessible to third parties.
3.2 You are liable for all activities that are carried out using your account, insofar as you may be held responsible for them, for example, because you did not keep your access data secret.
3.3 If you discover that your account is being misappropriated by third parties, you are obliged to inform us immediately.
3.4 You are responsible for the storage and backup of downloads on your devices. The provision of downloads by us does not represent any permanent backup.
4.1 By clicking the button "Buy", a contract is concluded between you and us. The confirmation email sent by us after completing the order process is not a prerequisite for the conclusion of the contract.
5. Technical requirements
5.1 Please make sure that on your side the technical and actual conditions for the successful download of the templates are in place. Similarly, it is up to you to have suitable software available that will allow you to properly open, manage, save (and, especially, back up) and print files and content.
6. Customer support
6.1 We provide customer support for technical problems with the templates. For this we provide you with a help page and a contact form. You can also contact us via the email address email@example.com. This does not constitute a legal entitlement to customer support.
6.2 For questions related to the reworking of the templates, please contact the respective author.
7. Prices/payment conditions
7.1 We offer you some of the templates free of charge, some for a fee. The prices result from the respective product details. All prices quoted include the respectively valid value-added tax, if applicable.
7.2 Since we offer our products exclusively to private buyers, we are neither obliged to invoice nor issue invoices.
8. Credit account
8.1 With your registration as a user, you will automatically be provided with a credit account with us. You have the option to deposit predetermined or self-determined amounts of money as a prepayment amount to this account. The deposit of a prepayment amount on your credit account cannot be refunded, so choose the deposit amount with care. When using the prepayment/credit on purchases you will receive an additional price saving of 5% on the amount to be paid, which also applies to already reduced offers.
8.2 If you shutdown your user account with us, your credit account will also be automatically shutdown. We therefore ask you to use your remaining balance before the shutdown, since it cannot be paid out.
9. Payment methods
We accept the following payment methods:
9.1 Billing via credit account with 5% price saving
We offer the possibility of offsetting your credit account with the advantage of a price reduction of 5% on the amount to be paid. In this case, on one of the other methods of payment offered, you pay a prepayment amount, which is credited to your credit balance as a credit. You can only initiate a billing process if there are already sufficient funds available. The deposit process itself is not a payment method for your purchases.
The deposited prepayment amount can only be charged via our website via the payment method provided by purchase. If the value of the credit balance is insufficient to cover your desired order, it must be paid into your prepaid credit account prior to purchase.
The credit account can not be used in combination with other payment methods.
The existing balance is not transferable to other persons or other accounts of the same person. Further details are described above under Point 8 of these terms and conditions.
9.2 Bank transfer
When selecting the bank transfer payment method we will give you our bank details and the reference to provide. Please transfer the exact invoice amount providing the reference. Please use the reference for payments, otherwise there may be delays in payment allocation.
Note: If within 7 working days no receipt of payment can be found on our account, we ask for your understanding that we may cancel the order request addressed to us.
9.3 Payment via PayPal credit
After submitting the order, you will be redirected to PayPal. The purchase is made there by clicking on the button "Pay with Paypal".
Note: To make the payment via PayPal, you need a PayPal account. Registration: www.paypal.com
PayPal - Customer Service: Mon-Fri: 08.30 a.m. - 7.00 p.m., Tel: 0800 723 4570
Only € (Euro) is accepted as currency.
9.4 Credit card via PayPal
After ordering in our shop, you choose PayPal as the payment method, even if you do not have a PayPal account. At the point where you would log in to an existing PayPal account, click on the "Do not have a PayPal account?" Button. Please then enter your data without registration and only once for this purchase, and choose "Payment by credit card".
9.5 Direct debit via PayPal
After ordering in our shop choose PayPal as a payment method, even if you do not have a PayPal account. At the point where you would log in to an existing PayPal account, click the "Do not have a PayPal account?" button. Please then enter your data without registration and only once for this purchase, and choose "Payment by direct debit".
9.6 Sofortüberweisung (Instant transfer)
Sofortüberweisung is a TÜV-certified online payment system based on proven online banking with PIN/TAN entry for the safe and quick processing of your payment. After completion of the order, you transfer the invoice amount by entering your bank details on our account. As access data for Sofortüberweisung you need:
- Your bank sort code
- Your account number
- Your access data for login at your bank (direct banking number or account number depending on the bank)
- Your PIN number, which you also use at your bank
- Your TAN, which has been assigned to you through your bank
9.7 Credit card via Braintree
After ordering in our shop you choose credit card as a payment method and transfer the invoice amount by entering your credit card details on our account. After clicking on the button "Pay Now" your credit card account will be charged. For payment by credit card the following data must be entered:
- Card number
- Expiry date
- Test number
10. Cancellation policy for downloads
10.1 Right of withdrawal
You have the right to withdraw from the contract within fourteen days without providing reasons. The revocation period is fourteen days from the date of the contract's conclusion. To exercise your right of revocation, you must contact us (AISYS, SIA, email: firstname.lastname@example.org) by means of a clear statement (e.g. a letter sent by post or email) about your decision to cancel the contract. You can use the attached sample withdrawal form, which is, however, not required. To maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
10.2 Consequences of the withdrawal
If you withdraw from the contract, we must repay you all payments that we have received from you without delay and at the latest within fourteen days from the date on which the notification of your withdrawal from the contract has reached us. We will transfer this repayment to your bank account or - at your express wish - back to your PayPal account. In no case will you be charged for this repayment.
10.3 Withdrawal form
You can download a sample withdrawal form here:
SAMPLE WITHDRAWAL FORM
10.4 Exclusion of the right of withdrawal after execution of the contract
All orders of digital content are binding, insofar as you have expressly given your consent to the execution of the contract, that is, that you have approved the execution of the download and have confirmed that you have knowledge of the expiry of the right of withdrawal by the start of the execution of the contract. Thus you have the right to cancel your order up to 14 days after the conclusion of the contract as long as you have not expressly given your consent to the execution of the contract and started the download; after having expressly given consent to the execution of the contract and the beginning of the download, withdrawal is no longer possible.
If you can not complete a download, please contact our customer support (email@example.com). You bear the entire risk of loss after purchase and loss of the digital content you download, including loss due to computer or hard drive failure.
End of withdrawal instructions
11. Provision of the download
11.1 The sending of a link for download to the email address specified by you and the provision of a download to your account takes place upon payment:
- via credit account,
- via PayPal-credit and credit card via Paypal,
- with immediate transfer
- with credit card via Braintree
within 1 day after payment.
11.2 By bank transfer and by PayPal with direct debit, the transmission of a link to the download to the specified email address and the provision of the download on your account takes place within 7 days after payment.
11.3 If the last day of the seven-day period falls on a Saturday, Sunday or a general public holiday recognized at the place of delivery, the next working day shall replace such a day.
11.4 The provision of the download does not represent a permanent backup of your purchases. Please save the purchased templates on your own device.
12. Copyright, right of use
12.1 You may only use the templates acquired through us for your own non-commercial purposes and you are not entitled to make them available to third parties on the internet or in any other way, even in excerpts.
12.2 However, you have the option of contacting the respective author directly in order to be able to transfer further rights of use directly from him in individual cases. If you have to pay fees, you would have to pay them directly to the respective author, who would be responsible for invoicing in this context.
13. Warranty, liability
13.1 We take the utmost care in selecting the authors who independently upload the templates together with the product description and product images. Nevertheless, we can not guarantee that the templates, product descriptions and product images are suitable and correct for your specific needs. You choose the templates at your own responsibility and use them independently. In particular, you must pay attention to whether the product made by you with the templates is suitable for infants under the age of 3 years and whether the materials you have used for it may be harmful to any person's health (e.g. allergies). Our liability for the incorrect use of the templates is excluded.
13.2 Claims by you for damages are excluded. Exceptions to this are claims for damages from you for injury to life, limb, or health or due to the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
13.3 In the event of a breach of essential contractual obligations, we shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages by you for an injury to life, limb or health.
13.4 The limitations of paragraphs 2 and 3 also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
13.5 The limitations of liability arising from paragraphs 2 and 3 shall not apply if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods. The same applies if you have concluded an agreement with us about the nature of the item. The provisions of the Product Liability Act remain unaffected.
14.1 When using crazypatterns.net you must stick to the good customs and the general good netiquette of the internet.
14.2 Your interaction with other users and authors must always be impeccable. Insults, improper statements, public denunciation and the like are to be omitted.
14.3 Your reviews of the downloaded templates are to be only truthful and factual, they must not contain any abusive criticism. Only the downloaded templates that have already been reworked are to be evaluated. An inappropriate use of the rating system is expressly prohibited.
14.4 You may not publish any third-party content in public areas such as in the forum or the comment feature. Third-party content includes, for example, pictures and excerpts from templates where you have no distribution rights. Even links that lead to pages outside crazypatterns.net are not allowed.
15. Measures for failures
15.1 If we have concrete evidence of misconduct, we reserve the right to take action. Until the facts are fully elucidated, we can, among other things:
- caution and demand the misconduct to be stopped immediately,
- modify or delete content, ratings, comments or posts,
- temporarily restrict or suspend accounts or terminate without notice.
We reserve the right to appropriate and suitable measures. Statutory claims on our part due to misconduct remain unaffected by these measures.
15.2 As soon as we become aware of a misconduct or a suspicion is made to us, we will inform the affected user about this. This user will receive a reasonable period to respond.
16. Applicable law, contract language
16.1 Exclusively the law of the Republic of Latvia applies to the exclusion of international private law and the UN sales law. The statutory provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer has his habitual residence as a consumer remain unaffected.
16.2 The contract language is German.
16.3 Translations of these terms and conditions, which may exist on crazypatterns.net, are not binding; only the German version is definitive.
16.4 The unrestricted and digital domiciliary right lies with us.
17. Platform of the European Commission for online dispute resolution
17.1 The EU Commission provides a platform for online dispute resolution for consumers on the following website: http://ec.europa.eu/consumers/odr
17.2 We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
18. Severability clause, change reservation
18.1 If any provision of these terms and conditions is or becomes invalid, the remaining provisions remain unaffected.
18.2 We are entitled to unilaterally amend these GTC - insofar as they have been introduced into the contractual relationship with you - insofar as this is necessary for the elimination of subsequently arising equivalence problems or for adaptation to changed legal or technical conditions or for other reasons.
18.3 The GTC must therefore be read again before each conclusion of the contract. In the event of a change, the GTC now applicable to your order may not be retrievable at a later date. Therefore store them on your device.
18.4 In the event of a change to the previous GTC, you will receive the new version of the GTC to the email address specified upon registration, indicating that these GTC will become part of the contract if you do not object within four weeks of receipt. You will be reminded of the option to object upon the announcement of the new version of the GTC.
18.5 If you do not expressly object to us by email at firstname.lastname@example.org within the four-week period, your consent to the validity of the new GTC shall be deemed granted.
18.6 If you object to the validity of the new GTC on time, we will shutdown your user account after the completion of all current business transactions, unless you are also an author. In this case, the corresponding provisions in our GTC for authors apply.
Mihoelsa iela 66-15
represented by its CEO: Aleksandrs Tarvids
Registry Office: Latvijas Republikas Uzņēmumu Reģistrs
Registration number: 41503038887