GENERAL TERMS AND CONDITIONS
General terms and conditions of Pilotessa Design, Inh. K. Wötzel Status January 2020
Please note that this is only a translation from German. The German version is the ONLY contractually binding version!
§ Section 1 Scope of application
For the business relationship between Pilotessa Design Inh. Kathrin Wötzel, and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Pilotessa Design does not recognise any deviating conditions of the customer unless Pilotessa Design has expressly agreed to their validity in writing. These terms and conditions of business apply exclusively to orders placed by telephone, in writing, by fax or e-mail, as well as to orders transmitted online via the web shop currently under construction.
The following terms and conditions do not apply to cash sales and personal orders.
If you currently use or will use in the future services offered by Pilotessa Design and its services (e.g. customer-specific products, paintings according to your own motif or personalised photo books), then in addition to these general terms and conditions, the guidelines and terms and conditions of business or use that apply to the respective service will apply. These specific regulations take precedence in the event that they contradict these General Terms and Conditions.
Should these General Terms and Conditions be legally ineffective in whole or in part, the validity of the rest of the contract shall not be affected. In this case, the contracting parties undertake to find a provision that comes closest to the economic purpose of the invalid provision.
§ 2 Conclusion of contract
Your order represents an offer to us to conclude a sales contract. If you place an order with Pilotessa Design, we will first check it and, if necessary, send you a confirmation of receipt of the order.
A sales contract is concluded when we either:
checked your order and confirmed the acceptance of your order by e-mail (in the case of customer-specific orders), or
send an invoice for the desired articles (in case of payment in advance), or
on dispatch of the ordered goods with enclosed invoice (for purchase on account).
In case of conclusion of contract is your contractual partner:
Sales tax identification number according to § 27 a sales tax law:
Pilotessa Design does not offer products for purchase by minors. Also our products for children can only be bought by adults.
§ 3 Right of cancellation, consequences of cancellation, exclusion of cancellation
§ 3.1 Right of cancellation
The consumer has a right of revocation according to § 355 BGB. They have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is 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 goods.
In order to exercise your right of withdrawal, you must
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
§ 3.2 Consequences of cancellation
If you cancel this Agreement, we shall refund to you all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your cancellation of this Agreement. For this refund, 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 refund. We may refuse to make a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without delay and in any event within fourteen days at the latest from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
§ 3.3 Ausschluss des Widerrufs
The right of cancellation does not apply to distance selling contracts
for the delivery of goods, which are manufactured according to customer specifications or
are clearly tailored to personal needs,
for the delivery of audio or video recordings or of software, provided that the
the seal on the data carrier supplied has been broken by the consumer or
-for the delivery of newspapers, magazines and journals
§ 4 Delivery
Unless otherwise agreed, delivery will be made from the office of Pilotessa Design to the delivery address given by the purchaser. Please note that not all products are in stock. If Pilotessa Design discovers during the processing of your order that the products you have ordered are not available, you will be informed separately by e-mail.
If Pilotessa Design, through no fault of its own, is not able to deliver the ordered goods because the supplier of Pilotessa Design does not fulfil its contractual obligations, Pilotessa Design is entitled to withdraw from the contract with the purchaser. In this case the purchaser shall be informed immediately that the ordered product is not available. The statutory claims of the purchaser shall remain unaffected.
If delivery to the purchaser is not possible because the goods delivered do not fit through the purchaser's entrance door, front door or staircase, or because the purchaser cannot be found at the delivery address stated by him, although the purchaser was given reasonable notice of the time of delivery, the purchaser shall bear the costs of the unsuccessful delivery.
§ 5 General delivery times
Unless otherwise announced, the expected delivery periods specified in the order acceptance shall apply. These can be found under the menu item SHIPPING COSTS.
The stated expected delivery times are only valid if the product is available in sufficient quantity. For deliveries of goods made to customer specifications, such as paintings, photo books or other commissioned work, other delivery periods apply, which must be requested personally.
In the event that we are unable to ship within the specified delivery times, you will be informed separately and have the right to withdraw from your order immediately.
§ 6 Due date and payment, delay in payment
The customer can pay the purchase price in cash in advance (bank transfer or Paypal) when picking up the goods himself or by bank transfer when purchasing on account (under the conditions stated in § 7). For new customers we only grant a purchase on account in exceptional cases. If the purchaser is in default of payment, Pilotessa Design is entitled to demand interest on arrears at a rate of 5% above the base rate p.a. announced by the European Central Bank. If Pilotessa Design can prove that Pilotessa Design has suffered higher damages caused by default, Pilotessa Design shall be entitled to claim these.
In the case of payment in advance, we request that you transfer the money to the account specified in the order confirmation. When purchasing via PayPal we ask for payment of the full amount to our Paypal address: info(at)pilotessadesign.com
Advance payments from abroad must be free of charges for the recipient. For other payments from abroad we may charge an additional € 15.00 for German bank charges.
Place of performance for delivery and payment is 73230 Kirchheim Teck.
§ 7 Special features for purchase on invoice
Payment on account is only possible for consumers aged 18 and over. The delivery address, the home address and the billing address must be identical and within Germany.
For deliveries abroad, payment on account is only offered in special cases and for known persons / dealers.
For services that are transmitted online (e.g. via download) and for the purchase of vouchers, payment on account is generally not possible.
The invoice amount is due upon receipt of the invoice.
§ 8 Offsetting, retention
The purchaser shall only be entitled to offsetting if his counterclaims have been legally established or are undisputed by Pilotessa Design. Furthermore, he shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 9 Prices
All prices are non-binding. We reserve the right to make price changes, e.g. due to exchange rate fluctuations or increases by upstream suppliers or due to errors. The list prices valid on the day of delivery shall apply. All price quotations are final prices including German value added tax of currently 19%.
In case of separate price quotations for dealers at home and abroad, net prices are shown - as usual. An indication of the type of price quotation is included. In the case of delivery to commercial customers in EU countries, German VAT will not be charged if we are given a valid VAT identification number when the order is placed. For all other deliveries to EU countries the German value added tax will be charged. For deliveries to non-EU countries, the prices are reduced by the value added tax included therein. When importing into non-EU countries additional import duties may be charged. Please contact the customs authority of the country of destination for information on this.
All prices are unpacked ex Kirchheim Teck. Shipping costs are calculated according to value, weight, volume and nature of the goods. Our flat rates for shipping and handling apply only to a coherent delivery and order.
§ 10 Reservation of ownership
The delivered goods remain the property of Pilotessa Design until full payment.
§ 11 Liability for defects
If there is a defect in the purchased item, the statutory provisions shall apply. The assignment of these claims of the customer is excluded.
If the supplementary performance has taken place by way of a replacement delivery, the purchaser is obligated to return the first delivered goods to Pilotessa Design within 30 days at the expense of PIDEWO International. The return of the defective goods must be carried out according to the legal regulations. Pilotessa Design reserves the right to claim damages under the legally regulated conditions.
The period of limitation is twenty-four months, calculated from delivery.
Pilotessa Design shall be liable without limitation insofar as the cause of damage is based on intent or gross negligence. Furthermore Pilotessa Design is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you regularly rely. In this case Pilotessa Design is only liable for foreseeable, typical contractual damage. Pilotessa Design is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability do not apply in the case of injury to life, body and health, for a defect after a guarantee for the quality of the product has been given and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
As far as the liability of Pilotessa Design is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 12 Granting of rights, customer reviews
If the customer decides to write a customer review, the user grants Pilotessa Design an exclusive licence, unlimited in time and place and for the duration of the underlying right, to continue to use the customer review for any purpose, online or offline. Pilotessa Design will endeavour to always name the author as author (unless the author has indicated that he/she wishes to remain anonymous), but reserves the right to shorten or omit this information. Pilotessa Design reserves the right not to display a review on the website or to display it for a limited period of time only, as well as to shorten or change it. Furthermore, the review guidelines apply. Customer reviews only reflect the opinion of the customers. The content does not necessarily reflect the opinion of Pilotessa Design.
§ 13 Collection, processing and use of personal information of our customers
We point out that your personal data will be treated with absolute confidentiality.
You can read our currently valid data protection declaration here.
Sample cancellation form (EN)
(If you want to cancel the contract, please fill out this form and send it back).
By mail to:
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*):
Name of the consumer(s):
address of the consumer(s):
Signature of the consumer(s)
(only for paper messages)
(*) Delete as applicable.