Terms and Conditions
General Terms and Conditions
§ 1 Scope
1. All business relations between Cyncopia – Sabine Schulz, Brüggemannstr. 33, 29664 Walsrode, Germany (hereinafter also referred to as "Seller") and the ordering party (hereinafter also referred to as "Buyer") are exclusively subject to our General Terms and Conditions in the version valid at the time of delivery (hereinafter "GTCs").
2 The GTCs of the Seller shall apply exclusively. The Seller does not recognise any conditions of the Buyer that deviate from, supplement, or oppose these conditions; these shall only then become an integral part of the contract if the Seller has expressly agreed to them in writing.
§2 Conclusion of the Contract
1. The representation of goods (hereinafter also referred to as "Files") by the Seller through the website does not represent a binding offer but is considered to be a non-binding invitation to the customer to submit a corresponding offer.
2. By ordering the object of purchase on the web page, the Buyer submits a binding offer to conclude a purchasing contract. The Buyer selects the goods by placing them in the virtual "shopping basket" and clicking on the "Checkout" button. Finally, the order can be transmitted to the Seller by pressing the button "Buy now". The Buyer has the opportunity to, at any time until submitting his order request, inspect the data provided in the context of the order or to cancel the order completely. By submitting the order using the button "Buy now", the offer shall be considered as binding.
3. Immediately after receipt of the order, the Buyer receives an order confirmation by email. Through this, the contract between the Seller and the Buyer comes into being.
4. The content of concluded contracts is stored in the customer account of the Buyer and can be viewed by the Buyer at any time via the menu item "Orders".
§ 3 Prices and payment terms
1. All prices are gross prices including the respectively valid statutory sales tax. There are no delivery and shipping costs for download articles.
2. The prices that are valid at the time of the order shall apply.
3. The following payment methods are available to the Buyer:
The Buyer pays directly during the order process by entering his credit card details.
Payment in advance
If you choose the payment method payment in advance, our bank details will be specified in the order confirmation and the goods are delivered after receipt of payment. This payment service is just available for customer in Germany and Austria.
The Buyer pays the invoice amount via the online provider PayPal. In general, the Buyer must be registered with PayPal or register beforehand, identify himself using his access data, and confirm the payment order to us.
SOFORTÜberweisung [immediate bank transfer]
We also offer SOFORT bank transfer. Through this payment method, we immediately receive the credit transfer. This expedites the entire order process. The Buyer just needs
an account number, bank code, PIN, and TAN. Through the secured payment form by SOFORT GmbH, which is inaccessible to the Seller, SOFORT Überweisung automatically and in real time creates a bank transfer through your online bank account. The purchase amount is transferred instantly and directly into the bank account of the Seller. When choosing the payment type SOFORT Überweisung, a pre-filled form opens at the end of the ordering process. This already contains our bank details. Furthermore, the form already contains the transfer amount and the purpose of the transfer. The Buyer must select the country in which he has his online banking account and the bank code, the same data as when logging-in to an online banking service (account number and PIN). The order is confirmed by entering the TAN code. In principle, every internet user can use Sofort Überweisung as a payment method, as long as he has an activated online banking account with activated PIN/TAN procedure. Please note, however, that the instant bank transfer service is not yet available with some banks. More information on whether your bank supports this service can be found here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/ This payment service is just available for customer in Germany and Austria.
§4 Retention of title
Until the purchase price has been paid in full, the goods remain the property of the Seller.
§ 5 Delivery / Download
1. With payments via PayPal, credit card, and Sofortüberweisung, the files are immediately available for download in the customer account of the Buyer under "Orders" and "Instant downloads". With payment in advance, the files are released for download after receipt of payment during normal business hours.
2. The files are offered for download in electronic form as so-called ZIP files. This includes the embroidery files in the following formats, as well as a PDF information sheet with colour information and illustrations.
3 The following embroidery formats are available: DST, EXP, PES, SEW, JEF, HUS, VIP, VP3, PCS, XXX for commercially embroidery machines with USB-port. The following plot formats are available: SVG, DXF, JPG.
4. The download articles offered are merely files and not finished embroideries or plotter products.
5. The number of stitches specified in the file description may vary slightly depending on the file format. The embroidery files are created and embroidered based on the Madeira Rayon 40 embroidery thread. When using other yarn thicknesses or manufacturers, deviations in the embroidery pattern are possible. It is therefore advisable to test the embroidery on a leftover piece of fabric.
6. Plot files: For multicoloured objects, a separate DFX file with the various colour layers is included. The filigree motifs should not be plotted too small in order to obtain an optimal result.
7. It is the responsibility of the Buyer to have suitable software installed for the proper use of the files.
§6 Right of revocation
If the contract is concluded as a distance-selling contract and our Buyers are consumers, they have a right of revocation when ordering goods or services in accordance with the following provisions. A distance selling contract is present, provided that it is concluded under exclusive use of letters, catalogues, telephone calls, e-mails, and other means of remote communication. Consumers are those natural persons who enter into a contract for a purpose that cannot be predominantly assigned to their commercial or their self-employed professional activity (§ 13 BGB [German Civil Code]).
You have the right to cancel this contract within fourteen days without specifying any reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right to withdraw from the contract, you must inform me
Sabine Schulz - Cyncopia
29664 Walsrode, Germany
by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to revoke this agreement. You can use the attached model cancellation form; however, this it is not obligatory. In the event of an effective withdrawal, the services and any benefits derived (e.g. interest) already received by both parties shall be returned within 14 days. If the received services and benefits cannot or partially not be returned, or only be returned in deteriorated condition, the customer has to pay compensation, if necessary.
Sample cancellation form
If you would like to cancel the contract, please complete this form and return it to us:
To: Sabine Schulz - Cyncopia
29664 Walsrode, Germany
— I/We (*) hereby withdraw from the contract I/we (*) concluded through 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(s) of the consumer(s) (only required for notifications by post or fax)
(*) Delete as applicable
Consequences of cancellation
Should you withdraw from this contract, we shall promptly refund all payments that we have received from you and at the latest within fourteen days from the date on which we received the notification of cancellation from this agreement. For the repayment, we use the same payment method that you used for the original transaction, unless expressly agreed with you otherwise; you will in no case be charged for this repayment. We may withhold the refund until we have received the goods or until you can prove that you have shipped the goods – whichever occurs earlier.
You shall return or transfer the goods to us without delay and in any case within fourteen days from the date on which you notify us of the cancellation of this contract at the latest, using the address specified above. The deadline will be deemed to have been observed if you ship the goods before the fourteen-day deadline has expired.
Exclusion/premature expiry of the right of withdrawal
The Buyer's right of withdrawal expires prematurely if the Seller has started with the performance of the contract, after the Buyer has expressly agreed to the Seller's performance of the contract prior to the end of the revocation period during the order process.
-End of notice of cancellation policy-
§ 7 Rights of use for digital content
1. All offered files (embroidery and plot files) are protected by copyright. The Seller grants the Buyer the simple, non-transferable, and time-unlimited right to use the files. The contents of the files may not be edited or modified.
2. The granting of the rights of use includes the use of the files for private purposes and for commercial purposes as a finished product. Offering the plotted and embroidered products on the Internet in the aforementioned context is only permitted if the Buyer marks the product with the additional notice "designed by cyncopia". The single-colour plotter motifs may only be used as a photo on the Internet with their own watermark and/or logo superimposed on the motif.
3. The content may not be passed on to third parties or duplicated for third parties in a way that goes beyond the aforementioned purposes; it is particularly not allowed to transfer these to third parties for commercial use, unless the Seller has agreed to a transfer of the contractual licence to the third party or to its further use.
4. The plotter file has been created for use with a cutting plotter and must not be used for other purposes.
5. The granting of rights shall take effect, in accordance with Article 158, paragraph 1 BGB after the Buyer has paid the remuneration owed in full.
§ 8 Warranty
1. The Buyer's claims for and rights in respect of defects shall be governed by the statutory provisions.
2. The Buyer is requested to check the goods immediately after downloading for completeness and obvious defects and to inform the Seller of any complaints as soon as possible. The legal warranty claim continues to exist, also if the Buyer, who is a consumer, does not meet it.
§ 9 Limitation of liability
The Seller shall not be liable for slightly negligent breaches of duty, insofar as these do not include damages resulting from injury to life, body, or health or if warranties or claims under the Product Liability Act are affected. Furthermore, the liability for the violation of obligations, the fulfilment of which allows for the proper execution of the contract in the first place and on whose compliance the Buyers may regularly trust, shall remain unaffected. In the case of a sales contract, this in particular includes the Seller's obligation to hand over the object of purchase and to assume the ownership of the object of purchase. The above limitation of liability shall also apply to the persons whose services the Seller requests to fulfil the contractual obligations.
§10 Other provisions
1. If individual provisions of the General Terms and Conditions should be or become (partially) ineffective or contain loopholes, the effectiveness of the other provisions or parts of such provisions shall remain unaffected. Instead of the invalid provisions, the statutory provisions shall apply.
2. Assurances and collateral agreements (changes, supplements, etc.), irrespective of the type of transmission (by telephone, electronically, etc.), require written confirmation from the Seller.
3. The laws of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
4 If the Buyer is an entrepreneur, the place of jurisdiction in the event of disputes about these GTCs, the contract, as well as its fulfilment shall be the registered office of the Seller, at present Walsrode, Germany.
§ 11 Online dispute resolution
The European Commission provides a platform for online dispute resolution (ODR) pursuant to Art. 14 Section 1 ODR-VO, which can be found at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.