0 - Shop Identification
Cape Robin Embroidery
Owner: Angela Gastrow
Tel: 0700-228 53000 (12c im Deutschen Festnetz)
Webseite: www.caperobin.de (pending)
According to §19 UStG (German VAT regulations act) small businesses are not required to show VAT.
1 - General scope
These terms and conditions apply to all contracts, deliveries and other services between Angela Gastrow, trading as "Cape Robin Embroidery", Kaiserstr. 97, 53113 Bonn (thereafter "Seller") regarding illustrated products and/or services in Seller's online shop and a consumer or business person (thereafter "Customer").
Deviating conditions suggested by the Customer do not apply, unless Seller explicitly agrees upon in writing.
A consumer ("Customer") refers to any natural person who enters into a legal transaction for the purpose which is neither attributed to his commercial nor his professional activity.
A business person ("Customer") refers to any natural or legal entity or a partnership with legal capacity, which acts in fulfilment of his/her commercial or freelance activities when concluding the contract.
A partnership with legal capacity refers to any partnership, having legal competence to acquire rights and incur liabilities.
The business relationship between the Seller and the Customer is subjected to the laws of the Federal Republic of Germany excluding the UN sales law.
Jurisdiction is Bonn, where the Customer is a merchant or a legal entity under public law or public legal proprietary.
The contract is available in German and English language. In case of dispute, however, the contract in the German language will prevail.
Written confirmation of information:
The contract, General Terms and Conditions as well as Revocation information and procedure are available to the Customer to store on a durable medium and for printing.
2 - Shop Registration and Login
The offers in our store are freely accessible. To order, however, a registration is needed, to obtain a unique customer number under which all transactions will be recorded.
Customer must ensure that all required personal data is accurate and complete. The customer agrees to treat the personal access confidential and to not make it available to any unauthorized third party.
Upon registration Customer will immediately receive an automated email confirmation. You can now login with your email address and your given password by clicking the button "Anmelden" or "Sign in".
4 - Acceptance of order
Seller offers in her online store mainly self-designed and self- made embroidery patterns of African motifs.
The motifs are available in a downloadable format for digital embroidery machines or as a final product in the form of finished fabrics. Digital formats will be electronically converted to customer needs. End products are not in stock, but are a service, that will be produced individually for each customer.
Deviations and technical changes to the images or descriptions are possible.
The product descriptions in seller's online shop do not constitute binding offers by the Seller, but are intended to submit a binding offer to purchase goods and/or services from the Seller by the Customer.
By clicking the button "Jetzt bestellen" or "Confirm Order" in the final step of the ordering process, the customer gives a legally binding offer to purchase in terms of the goods in the basket.
In conclusion of the contract the customer will be informed by email. This is done in the online shop via the automated order processing. The customer must ensure that the email address he has given to the system is correct so that he can receive emails sent by the ordering process. Should the customer be using any SPAM-filters please ensure that emails from Seller can all be delivered.
Together with the Seller's order confirmation, the order text as well as these General Terms and Conditions, Information on withdrawal and Return policies and a proforma invoice will be sent in order to be able to initiate the payment. The documents are suitable to be stored on a durable medium or printed out.
In cases other than at a purchase via this online shop the Seller will acknowledge acceptance of offer in same manner.
Seller may accept an offer to purchase in writing (letter post) or electronically (email) by sending to Customer the acknowledgement copy of this purchase order within five (5) days. The Seller reserves the right to decline an order.
5 - Production, Delivery Terms and Transfer of Risk
Production of items will strictly only start after all technical, financial and legal queries have been solved and full invoice amount has been paid into the Seller's bank account.
Thereafter production time usually takes 3-5 days, plus time required by external delivery service. Seller does not have any influence of their logistic schedule. Seller's preferred external partners are Deutsche Post und DHL for their reliability, and not unusually deliver next day already.
Customer will be notified when goods have been handed over to the logistics provider.
Delivery will be to the address the Customer has given during order process and acknowledged by Seller in the order confirmation. Should delivery to the customer not be successfull the logistics provider will send the goods back to the Seller, normally after 3 weeks, after contacting the Customer, and where appropriate by providing a pick-up address. In this case any extra fees will be carried by the Customer.
Details of delivery time are not binding. Where non-compliance with a delivery or performance is due to force majeure, labor disputes, unforeseen obstacles or other courses the seller can not be held responsible for, the deadline will be moderately and mutually agreeable extended.
In case of DOWNLOADS: After money has been received we will send you a link to download the file(s) from our server, alternatively we will send you the file(s) by email.
6 - Vouchers
Purchasing Gift vouchers
Gift vouchers are purchased just like any other item in our store. You can pay for them using the stores standard payment method(s). Once purchased the value of the Gift voucher and it had been released by the Seller, it will be added to your own personal Gift Voucher Account.
Where to find the Gift Voucher Account
Please click the link "Shopping Cart" in the upper right corner of you screen. If you have funds in your Gift Voucher Account, you will notice that the amount now shows in the Shopping Cart box, and also provides a link to a page where you can send the Gift Voucher to someone via email. You may redeem you Gift Voucher on checkout when buying a new product.
How to Send Gift Vouchers
To send a Gift Voucher you need to go to our Send Gift Voucher Page. You can find the link to this page in the Shopping Cart Box in the right hand column of each page.
When you send a Gift Voucher, you need to specify the following:
* name and surname of recipient.
* valid email address of recipient.
* The amount you want to send. (Please note: You may also send part-amount)
* A short message to the recipient if you wish.
Please ensure that you have entered all of the information correctly, although you will be given the opportunity to change this as much as you want before the email is actually sent.
Buying with Gift Vouchers.
If you have funds in your Gift Voucher Account, you can use those funds to purchase other items in our store.
At the checkout stage, an extra box will appear. Ticking this box will apply those funds in your Gift Voucher Account.
Please Note: you will still have to select another payment method if there is not enough in your Gift Voucher Account to cover the cost of your purchase.
If you have more funds in your Gift Voucher Account than the total cost of your purchase the balance will be left in you Gift Voucher Account for the future.
Redeeming Gift Vouchers.
If you receive a Gift Voucher by email it will contain details of who sent you the Gift Voucher, along with possibly a short message from them. The Email will also contain a link to redeem the voucher. You will need to Login or Create an Account before you can redeem the Gift Voucher.
There are various ways you can redeem the voucher:
1. By clicking on the link contained within the email for this express purpose. This will take you to the store's Redeem Voucher page. You will the be requested to create an account or Login, before the Gift Voucher is validated and placed in your Gift Voucher Account ready for you to spend it on whatever you want.
2. During the checkout process, on the same page that you select a payment method there will be a tick box and button to redeem your Gift Voucher balance against that purchase. Type in your voucher code.
When problems occur.
For any queries regarding the Gift Voucher System, please contact the store by email at email@example.com.
In your correspondence please be very specific about the issue. We would need your customer number, gift voucher code, any error messages and your browser version.
7 - Prices and Shipping
All prices are final prices with additional packaging and shipping costs as indicated.
According to 'small business regulation' as defined in §19 Para.1 UStG (German Sales Tax regulation) we do not charge VAT.
Prices subject to change.
Seller will issue an invoice, which will be attached to the shipment.
Shipment will be uninsured. Should the client wish to have it insured please comment in this regard at the end of the order procedure. The invoice amount will increase afterwards accordingly.
Shipping costs within Germany only:
|padded envelope up to||0.100 kg||€||1,80|
|padded envelope of mini parcel up to||0.500 kg||€||2,90|
|mini parcel up to||1.000 kg||€||3,70|
|small parcel up to||2.000 kg||€||5,60|
|parcel up to||5.000 kg||€||7.90|
Please enquire about shipping costs to other countries.
8 - Payment terms
Bank transfer (pre-payment)
cash (before commissioning)
Please refer to Production and Delivery Terms
9 - Revocation instruction (short)
Information about our revocation instructions are subject to separate rules and are to be viewed in the appendix.
10 - Return Policy
Once goods have been shipped we can only accept returns under really serious circumstances.
Each piece is individually manufactured by hand. Minimal changes and adjustments in design and stitch count are not unusual, which are due to software conversions to suit different machine formats. The original format is in PES.
Slight deviations in colours as shown in the product images may occure since we do not have any influence of your monitors configuration and colour perception. We also do reserve our right to change colours subject to availability.
For custom-made articles there is in principle no right of return. Should the need arise the Seller will decide amiably in each case taking into account the overall circumstances.
11 - Warranty
Seller warrants solely to the original end user purchaser ("Customer") that the goods shall conform to Seller' standard specifications in effect on the date of shipment, or to the specifications agreed with Customer, if any. Furthermore, Seller warrants that to its knowledge the goods do not infringe any third party's patents. All other warranties, expressed or implied, with respect to the goods, used alone or in combination with other materials, including but not limited to any implied warranty for fitness or merchantibility for any purpose, are disclaimed. The warranty period is 24 (twentyfour) months.
Information on Care and Cleaning
Under normal wear and tear your embroidery will remain colorful with good workmanshop long after the legal warranty period.
Please pay attention to our care recommendation:
The embroidery coasters should be rinsed with cold water and hair shampoo, dap dry and leave lying flat until completely dry. Use a soft facial brush to nap up the velour backside.
Customer shall examine the conformity of the goods with the specifications and/or samples within 10 (ten) days upon receipt. All claims by the Customer, including, without limitation, claims for alleged defects, damage and shortage, must be made in writing and received by Seller within 10 working days after Customer's receipt of the goods, understanding that in any event, all claims made after the goods have been resolt by the Customer, or have undergone any processing or treatment in any form whatsoever shall be null and void.
Claims concerning defects that could not be discovered within the above time limit despite accurate inspection of the goods must be made in writing and received by Seller within 10 working days from discovery of the defects, and, in any event, not later that 90 days after Customer's discovery of the defects. Failure of Customer to give notice of any claim wihtin the applicable time period specified above shall be deemed an absolute and unconditional waiver for such claim. In case of duly proven defective goods, Seller shall, at its choice, either replace or repair at its own cost such defective goods, or refund the Customer the price paid.
Seller' liability shall be expressly limited to the purchase price of the quantity of goods in respect of which any claim is made. Furthermore under no circumstances shall Seller be liable for special, incidental, indirect or consequential damages (including but not limited to loss of profits, revenues, etc) incurred by Customer or any third party. Where mandatory provisions of the law so provide, Seller's liability for duly proven damages due to Seller's gross negligence or wilful misconduct shall not be limited.
Please pay attention to our care and cleaning recommendation. With regards to such occurences, Customer acknowledges that Seller is in no way responsible for the use of Seller's product by Customer. The Customer acknowledges that Seller cannot anticipate all conditions under which Seller's products may be used, and therefore Customer agrees to conduct its own tests to termine the safety and suitability of Seller' products for Customer's purposes. Any information provided by Seller is withouth warranties, either express or implied, and Customer agrees to indemnify and save Seller harmless of and from any and all los, cost (including, without limitation, reasonable attorneys' fees) and claims arising out of, or in connection with, Seller's product.
LIMITATION OF DAMAGES with the use of the embroidery file(s):
Please note: The embroidery files have been developed on a digital home applicance and tested only on suitable fabric.
Under no circumstances shall the Seller be liable for any consequential damages (including damages to machines, business interruption, loss of profits, etc.) arising out of the use or loss of use of the design file(s), even if the Seller has been advised of the possiblity of such damages.
Excuse of Non-Performance
No liability shall result from delay in performance or non-perfomrance by Seller cause by circumstances beyond its control, including, without limitation, force majeur, fire, flood, explosions, riots, wars, terrorism, perils of the sea, labour troubles, machinery breakages, Government actions or prohibitions, shortages of raw materials or energy at reasonable cost, and/or traffic stoppages.
12 - Retention of goods
The goods remain our property until fully paid.
13 - Contract Translations
The German version of these General Terms and Conditions shall prevail over any translation.
14 - Right of use (license)
All embroidery designs offered for sale on this website were designed and developed by Angela Gastrow.
When you make a purchase of an embroidery design and it has been made available to you by means of downloading it from our server or by being send to you via email, you do not acquire ownership of the design.
With the download provision Angela Gastrow grants the client a limited, not transferable and not re-sellable licence to use the design for manufacturing and refining of textiles for personal use. The design remains the property of Angela Gastrow.
The license allows you to sew the design, and use the result in following manners: personal use, gifts and donations to charity.
Not personal use and, therefore, prohibited are in particular commercial and industrial textile manufacturing using the design.
This license prohibits resale, trading, sharing, and distributing the embroidery file.
The design file may not be distributed in any format, or by any method. Your are prohibited from emailing designs to friends, and dealers.
If you need to do that, please ask first. Send an email to firstname.lastname@example.org and tell us why you need to send the design elsewhere.
You are allowed to edit the design in any manner that you choose, but the edited design file is also copyrighted by Angela Gastrow, t/a Cape Robin Embroideries, and may not be distributed, shared, exhibited, or sold.
An imitation of the work is not permitted.
In the event a professional embroidery service provider being commissioned for a specific embroidery task, same copyright rules apply. On completion of job order the service provider has to handed over all embroidery files and delete them from all his electronic systems. Storing and re-use of the design files are not permitted.
In order to adequately protect her copyrights Angela Gastrow reserves the right to take legal action against infringement and unauthorized or illegal use of the embroidery files.
15 - Miscellaneous
Compliance with Laws
Customer agrees that it shall be its responsibility to comply with all applicable laws and regulations relating to the products it orders from Seller.
Enforcement of rights
Failure by Seller or Customer to enforce any right which it may have in any instances shall not be deemed to be a waiver of any right it may have in any other instances.
Whenever possible, each provision of these General Terms and Conditions shall be interpreted in such a manner as to be effective and valid under applicable law. The determination by any court of competent jurisdiction that one or more of the sections or provisions of these General Terms and Conditions are unenforceable shall not invalidate the General Terms and Conditions, and the decision of such court shall be given effect so as to limit to the extent possible the sections or provisions which are deemed unenforceable.
Customer shall not assign its rights or delegate its performance hereunder without the prior written consent of Seller.
15 - Applicable Law and Jurisdiction
All purchases by Customer from Seller shall be governed by, and construed in accordance with, the law of the place of the Seller's registered office, excluding application of the UN Convention on Contracts for the International Sale of Goods. Any dispute arising out of, or in connection with the purchase of goods by Customer shall be submitted to the courts having jurisdiction at the place of Seller's registered office, without prejudice to Seller's right to take action at the place of the Customer's registered office.
Governing law is solely the laws of the Federal Repbulic of Germany, excluding UN-laws. Governing laws of Client's country of residence remain unaffected.
Court of jurisdiction is Bonn.
16 - Copyright
All embroidery designs, images and finished embroidery work shown and offered for sale on this website are originally created, developed and designed by Angela Gastrow and are protected by international copyright law.