Terms & Conditions

§ 1 Area of Coverage
The transaction and delivery will be effected exclusively on the following terms of businessbusiness as amended at the time of the order. Terms of business of the customer, which are contrary to or differ from the following terms of business do not apply. The following terms of business are also exclusively valid if we unconditionally carry out the delivery and service despite being aware of conditions from the customer that are contrary to or differ from the following terms of business.

§ 2 Contracting Party, Language, Applicable Law
The contracting party is Molly & Stitch GmbH, Mageregger Straße 215, 9020 Klagenfurt, Austria. The contract language is German. Austrian law is applicable, excluding UN Convention on Contracts for the International Sale of Goods.

§ 3 Conclusion of Contract
Your order represents an offer for closing a purchase contract with us. When you place an order on MollyandStitch.com, we will send you an e-mail confirming the receipt of your order (order confirmation). This order confirmation does not represent an acceptance of your offer, but should merely inform you that your order has reached us. A purchase contract is only in effect when we have sent you the ordered product and confirm the shipment in a second e-mail (shipment confirmation). There is no purchase contract for products from one and the same order, which are not listed in the shipment confirmation.

§ 4 Agreement on Costs of Returns, Right of Withdrawal and Exemption

Agreement on Cost-Bearing Obligations: If you make use of your right of withdrawal, you must bear the regular costs of the reshipment. Cancellation Policy: Right of Withdrawal: You can revoke your declaration of agreement within 7 days, without indication of reasons, in writing (e.g. letter, e-mail) or – if the item has been delivered before the deadline – by reshipping the item. The deadline begins after the receipt of these instructions in writing, but not before the recipient has received the item. Cancellation Consequences: In the event of a valid revocation of this agreement each party shall return to the respective other party the services or products received and, if applicable, utilized usages (e.g. interest) shall be returned. Should you be entirely or partly unable to return to us the services or products received, or only able to return them in a deteriorated state, you are liable to pay according compensation. This does not apply with respect to goods being handed over in the event that such deterioration is exclusively due to your inspecting the items as you would have been able to do in a retail shop. You may also avoid an obligation for compensation payments if you do not take possession of the item as if you were the owner and if you refrain from doing anything that might adversely affect the value of the item. Transaction: We ask you to return the product preferably in its original packaging or at least in appropriate transport packaging to the following address: Molly & Stitch GmbH, Mageregger Straße 215, A-9020 Klagenfurt, Austria. Exemptions to the Right of Withdrawal: The right to withdrawal for distance contracts does not apply to the shipment of goods that have been custom-made or are clearly tailored to the customer’s personal needs or which, by reason of their quality, are not suited for reshipment.

§ 5 Delivery
Unless agreed upon differently, the delivery is carried out from the Molly & Stitch warehouse to the address provided by the customer. On our website, you will find information on the stock availability of individual products. It should be noted that all information on availability, shipment and delivery of a product is merely estimated information and an approximate value. It does not represent binding or guaranteed shipment or delivery dates, except if the delivery options of a particular product explicitly specify a binding date. In the event that during the processing of your order Molly & Stitch determines that products you have ordered are not available, you will be separately informed per e-mail. In the event that Molly & Stitch, through no fault of its own, is unable to deliver the ordered goods, because the Molly & Stitch distributor does not fulfill their contractual obligations, Molly & Stitch is entitled to rescind the contract with the customer. In this case, the customer will immediately be informed that the ordered product is not available. The legal entitlements of the customer remain intact. In the event that a delivery to the customer is not possible because the customer cannot be reached at the address provided, the customer carries the costs for the unsuccessful delivery.

§ 6 Due Date and Payment, Delay
The customer can pay the purchase price with a credit card. The payment is to be made in the currency that appears on the invoice. If you would like to pay with a credit card, you have to specify the required details on the order form. Molly & Stitch will not commence arranging or delivering the ordered products before your credit card company has cleared your credit card for the payment of the ordered products. The invoice and the ordered products will be sent to the address provided in the order confirmation.

§ 7 Price
All prices include the applicable value added tax within the European Union. Shipping costs are quoted separately. Clients based in non-E.U. countries are responsible for all taxes including and not limited to import duties.

§ 8 Reservation of Proprietary Rights
Until payment has been completed, the delivered goods remain property of Molly & Stitch.

§ 9 Liability for defects
In the event of a defect product, statutory provisions apply. The assignment of the customer’s claims is ruled out. If the subsequent performance takes place during the compensation delivery, the customer is obligated to return the initially delivered goods within 7 days. The reshipment of the defect goods must take place according to statutory provisions. Molly & Stitch reserves the right to assert compensation for damages according to the conditions regulated by law. The statutory period of limitations is two years, counted from the date of delivery. Moreover, Molly & Stitch is liable for the negligent breach of essential aspects, the breach of which endangers attaining the purpose of the contract, or for the breach of obligations whose implementation allows for the proper execution of the contract and the adherence to which you depend on. In this case, Molly & Stitch is only liable for damages that are foreseeable and typical for this type of contract. Molly & Stitch is not liable for the negligent breach of obligations that are not mentioned in the preceding paragraphs. The above-mentioned limitations of liability are not applicable for damage to life, body or health, for defects arising after the acceptance of a guarantee for the quality of the product and for willfully concealed defects. The liability according to the product liability law remains unaffected. To the extent that Molly & Stitch's liability is excluded or limited, this also applies to the personal liability of employees, representatives and auxiliary persons. Molly & Stitch does not take the responsibility of the products for causing injury or death to pets before and once ownership of the goods has been transfered to the Customer.

§ 10 Force Majeure
In the event that we are prevented from fulfilling our obligations due to a force majeure or other circumstances beyond our control, we assume no liability. If cases of force majeure or other circumstances beyond our control lead to a delay, we will fulfil our obligations as soon as this is reasonably possible under the circumstance.

§ 11 Anonymous data collection
You can visit our website without giving any details about yourself. We do not store personal data in this context. In order to improve our offer, we only evaluate statistical data, which do not allow any conclusions to be drawn about your person.

§ 12 Collection and processing when using the contact form
When using the contact form, we collect personal data (individual data on the personal or factual circumstances of a particular or identifiable natural person) only in the extent provided by you. We only use your e-mail address to process your request. Your data will be deleted if you have not agreed to further processing and use.

§ 13 Collection, processing and use of personal data
We collect personal data (individual details about the personal or factual circumstances of a particular or identifiable natural person) only in the extent provided by you. Your personal data will be processed and used to fulfill your order and to process your inquiries. After complete processing of the contract, all personal data will be stored first, taking account of tax and commercial storage periods and then deleted after expiration of the deadline if you have not agreed to the further processing and use.

§ 14 Transfer of personal data
Your data will not be passed on to third parties without your explicit consent. Exempt from this are only our service partners, which we need to process the contractual relationship. In these cases, we strictly observe the provisions of the Federal Data Protection Act. The amount of data transmission is limited to a minimum.

§ 15 Cookies
Our website uses at several locations so-called cookies. Cookies are small text files which are stored on your computer and which your browser saves. They are designed to make our offer more user-friendly, more effective and safer. Furthermore, cookies enable our systems to recognize your browser and provide you with services. Cookies do not contain personal data.

§ 16 Use the remarketing or "similar audiences" feature of Google Inc.
The provider uses the remarketing or "similar audiences" feature of Google Inc. ("Google") on the Web site. By using this feature, the advertiser can target the visitors of the website with targeted advertising by showing personalized, content-related advertising ads to visitors to the advertiser's website when they visit other websites on the Google Display Network. Google uses cookies to perform the analysis of the website usage, which is the basis for the creation of the interest-related advertising advertisements. Google stores a small file with a number in the browsers of the visitors of the website. This number is used to record visits to the website and anonymous data on the use of the website. There is no storage of personal data of visitors to the website. Visit another Google Display Network page to see advertising insights that are highly likely to take previously-invoked product and information areas into account. You can permanently disable the use of cookies by Google by following the link below and downloading and installing the plug-in provided there: https://www.google.com/settings/ads/plugin?hl=en Alternatively, you can disable the use of third-party cookies by calling the network advertising initiative's (Network Advertising Initiative) deactivation page at http://www.networkadvertising.org/choices/ and redirecting the additional information on the opt-out. For more information about Google's remarketing and Google's privacy policy, visit http://www.google.com/privacy/ads/

§ 17 Use Google Adwords Conversion Tracking
We're using Google AdWords online advertising and Google AdWords's conversion tracking. Google Conversion Tracking is an analysis service provided by Google Inc. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA, "Google"). When you click a Google-served ad, a conversion tracking cookie is placed on your computer. These cookies have a limited validity, contain no personal data and are therefore not used for personal identification. If you visit certain Internet pages of our website and the cookie has not expired, Google and we recognize that you have clicked on the ad and forwarded to this page. Each Google AdWords customer receives a different cookie. There is therefore no way that cookies can be tracked through the AdWords website. The information obtained through the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. Customers can see the total number of users who clicked on their ad and were redirected to a conversion tracking tag. However, they do not receive any information that allows users to be personally identified. If you do not want to participate in the tracking, you can disagree with this usage by preventing the installation of the cookies by means of an appropriate setting of your browser software (deactivation option). They are not included in the conversion tracking statistics. For more information and Google's privacy policy, please visit: Http://www.google.com/policies/privacy/

§ 18 Use Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses so-called "cookies", text files which are stored on your computer and which allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is generally transferred to a Google server in the USA and stored there. However, in the case of the activation of IP anonymisation on this website, your IP address will be abbreviated by Google within the Member States of the European Union or in other Contracting States of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the US and abbreviated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide other services related to website usage and internet usage against the website operator. The IP address provided by your browser as part of Google Analytics will not be merged with other Google data. You can prevent cookies from being saved by setting your browser software accordingly; However, we would like to point out that in this case you may not be able to fully utilize all the functions of this website. In addition, you can prevent Google from collecting and processing the data (including your IP address) related to your use of the website (including your IP address), as well as the processing of this data by Google, by downloading the browser plug-in available under the following link And install [http://tools.google.com/dlpage/gaoptout?hl=en].

§ 19 Use of Facebook plugins
These pages use plugins from the social network facebook.com operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). If you call Internet pages with such a plug-in, we connect to the Facebook servers and display the plug-in to your browser on the website. This will send to the Facebook server which of our Internet pages you have visited. If you are logged into Facebook as a member, Facebook assigns this information to your personal Facebook user account. When using the plug-in features (e.g., clicking the "Like" button, submitting a comment), this information is also mapped to your Facebook account, which can only be prevented by logging out before using the plugin. If you do not want Facebook to map the collected information directly to your Facebook profile, you must either log out to Facebook before you visit our site, or use Facebookprovided add-on for your browser http://webgraph.com / Resources / facebookblocker /. This will block the loading of the Facebook plugins. For more information on how Facebook collects, uses, and protects your privacy, see the Facebook privacy policy.

§ 20 Access, rectification, blocking and deletion of data
You have the right at all times to free information about your stored data as well as the right to rectification, deletion or blocking. Contact us on request. The contact details can be found in our imprint.

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