GENERAL TERMS AND CONDITIONS
of Maja Dobelsek, owner and creator of www.bodyfitsewingpatterns.com
Webergasse 5, 9000 St. Gallen, Switzerland
As at 30. Oktober 2018
You acknowledge and agree that you have a duty to read this agreement before you use the website and order any sewing patterns. Your use of the website and/or sewing patterns constitutes your manifestation of assent to and acceptance of these general terms and conditions. If you do not agree to these terms and conditions, you are expressly prohibited from using the website and/or sewing patterns. You warrant and agree that you have the right, power, and legal capacity to enter into, agree to and adhere to these terms and conditions.
Maja Dobelsek does not warrant or guarantee that compliance with these terms and conditions will be sufficient to comply with your obligations hereunder, under applicable law or with third party rights. Given the global nature of the internet, you agree to comply with all laws and rules where you reside or where you use the website and/or sewing patterns. The website is operated worldwide and Maja Dobelsek makes no representation that her website and/or sewing patterns are appropriate, lawful, or available for use in your location. Maja Dobelsek does not offer her website and/or sewing patterns where prohibited by law.
A. General, and Contract Conclusion
§ 1 Scope
(1) These Terms and Conditions apply to the online offer of Maja Dobelsek (hereinafter called: the Owner) on www.bodyfitsewingpatterns.com (hereinafter called: Website). This is a website on which you can order custom made to measure PDF Sewing patterns in return for a charge.
§ 2 Contract Conclusion
(1) The product presentation on our Website presents available sewing patterns, which can be bought made to measure at different terms and at different prices and which do not constitute a binding application for a contract conclusion.
(3) After we have received your order, we will send you an automatically generated email with your login data to confirm that we have received your order (order confirmation) and that the agreed contract is effective. We will send you a custom made to measure sewing pattern with written PDF sewing instructions per E-Mail in the next 48 hours.
§ 3 Login Data
(1) To enable you free access to online sewing related content, a user account must be opened. It consists of your email address and a password (“Login Data”).
(2) A user account can only be opened if a current email address is entered. This email address is then also used for communication with the Owner, and you agree that the Owner may contact you by any available means, including, but not limited to, by email. You warrant that your data used to open his user account are correct and complete.
(3) You warrant that you will treat the Login Data confidentially. You are without exception prohibited from passing on the login data to third parties and/or to provide third parties with access to your profile by avoiding transfer of the login data. You acknowledge and agree that you alone are responsible for, and the Owner will not be held liable for, any costs or fees incurred through use of your Login Data.
(4) You must refrain from any activities that might impact and/or put excessive strain on website operations and the underlying technical infrastructure. In particular, these include:
- using software, scripts or databases in conjunction with the use of this website;
- blocking, overwriting, modifying or copying data and/or other content, unless this is required for the proper use of the Website.
- framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly or displaying publicly the Website or the sewing patterns.
- Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website.
- Circumventing the Owners technological or security protection mechanisms.
- Using a script, robot, spider, scraper, or other automated technology to access the Website.
- Attempting to gain access to the private data or personal information of a user of the Website or a third party.
- Posting or transmitting content or using the Website and/or sewing patterns in a manner that violates any law, statute, regulation, or ordinance, or treaty, whether local, state, provincial, national, or international.
Temporary restrictions may be applied to an account if suspicious activity patterns are recognized.
§ 4 Availability of the Platform
(1) The Owner aims to run the Website without errors. This is, of course, limited to the services which the Owner can influence.
(2) The Owner is at liberty to restrict access to the Website, either in full or in part, including access to online sewing instructions, temporarily or permanently, due to servicing, capacity issues and other events beyond its realm of influence.
§ 5 Rights and Duties when a purchasing Contract is concluded
(1) After a purchase of selected sewing pattern was concluded, you are entitled to receive the agreed made to measure digital PDF sewing pattern and written PDF sewing instructions for that same sewing pattern per E-Mail. You are entitled to download and save them on your personal end device.
(2) The Owner is free to make the purchasing of specific sewing pattern dependent on specific conditions.
B. Other Provisions
§ 6 Payment Terms
(1) Payment is by credit card or PayPal in the currency displayed in the checkout procedure. Your credit card details (card type, credit card number, expiration date and cardholder name) or invoicing details can be sent to the Owner via the internet.
(2) If you pay by credit card, your credit card account is debited with the amount owed at the time of concluding the order.
§ 7 Copyright/Limited License Terms
(1) You understand and agree that Maja Dobelsek is the owner, or licensee, of all rights in and to the Website and its associated content and to the Sewing patterns, including but not limited to all intellectual property and any other property or proprietary rights.
The Website and the sewing patterns are protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the sewing patterns and/or the Website for any purposes not explicitly stated in this Agreement, absent separate written agreement signed by Maja Dobelsek.
(2) Maja Dobelsek is the owner of all trademark, trade name, and/or service mark rights, whether registered or under common law, of all its marks, including, without limitation, Bodyfit sewing patterns and its Logo. You are hereby prohibited from using the trademarks, service marks, design marks, and logos of the Owner, or any colorable imitation thereof, or any mark not owned or licensed by you, as an indicator of source, as a part of a domain name, or in any way that is likely to cause confusion without the prior written consent of the Owner. All trademarks, images, copyrights or rights of publicity displayed in connection with your use of the Website and/or Sewing patterns are the property of their respective owners.
(3) The Website, the sewing patterns, sewing instructions and related materials, including but not limited to any text, videos, names, marks, graphics, photos, images, sounds, music, scripts and interactive features, as well as its associated data and services generated by us, is the property of, owned by and licensed through the Owner. The Owner grants you a limited, non-exclusive, royalty free, non-sublicensable, non- transferrable, and non-assignable license to use your made to measure sewing pattern, PDF sewing instructions to be used for non-commercial, personal purposes. You and/or participant may not grant sub-licenses. At any time, only one person with the same ID and password may access the account on the Website, unless expressly agreed otherwise.
(4) The Owner grants you a simple, non-exclusive right of use the sewing patterns sent to you after the purchase. The right of use entitles you to download the PDF sewing patterns from your E-Mail for personal use. You are entitled to save the contents of a PDF Sewing pattern on data carriers, view them on a screen based on these data carriers and to print them out for own purposes, and, if necessary, to copy them.
(5) Any use exceeding this is only permissible after the Owner has given its prior written consent. Without the prior written consent of the Owner, sewing patterns and sewing instructions may not be copied in full or as excerpts, may not be forwarded to third parties electronically or otherwise made accessible to them, distributed, sold, published or used for business.
§ 8 Legal Disclaimer
(1) the Owner provides the sewing patterns and/or the Website on an as-is basis and without warranty of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, quality, fitness for a particular purpose, non- infringement, or accuracy. You acknowledge and agree that you use the sewing patterns at your own risk and that the Owner will not be held liable for any defects, errors, omissions, bugs, or downtime and especially not for any costs related to damaged fabrics or sewing supply. You agree that you are solely responsible for the accuracy of your measurements that you submit to the Website.
Any attempt by the Owner to modify the website and/or sewing patterns and/or sewing instructions will not be deemed to be a waiver of this limitation of liability. The Owner will not be held liable for any third-party content contained within the website or any third party links or advertising accessible through the website.
(2) The Owner will not be held liable for any damages, including without limitation consequential damages, incidental damages, punitive damages, special damages, exemplary damages, indirect damages, lost profits, lost savings, business interruption, or lost information arising out of the use, whether proper or improper, of the website and/or sewing patterns, even if you have been advised of the possibility of such damages. The Owner does not assume responsibility for any error in, omission of, interruption of, deletion of, defect in, destruction of, unauthorized access to, or alteration of any sewing pattern and/or sewing instructions. You bear the sole responsibility to protect and backup your own data, network, hardware, systems, servers, software, computers, phones, and security.
(3) Under any circumstances, you acknowledge and agree that the Owner`s maximum liability under this agreement will be limited to the amount that you paid for the sewing pattern. The limitations, exclusions, and disclaimers listed in this section will apply to the maximum extent permitted by law, even if any remedy fails of its essential purpose.
§ 9 Contract Term
(1) The made to measure PDF sewing pattern with its written PDF sewing instructions will be sent a single time to the E-Mail address provided by the customer.
(2) The registration on the Website may grant access to restricted online sewing related content including sewing videos. Access to this content is not a consequence of purchasing a sewing pattern and may or may not be granted. The Owner has the right to give or take the access to this online content at any time and without explanations.
§ 10 User Generated Content
(1) User Generated Content is virtual data including images and personal information of the users which is provided by the users and published on our Website. The users send their content to our E-Mail address or upload it directly to the Website.
(2) The Owner makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. You warrant that any User Generated Content that you submit to and through the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, contain defamatory material or other tortious material, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international. You expressly acknowledge that you interact with and share information with other users at your sole risk. You agree that any interaction with others through the Website will not defraud, impersonate another, or harass any third party or otherwise violate local, state, provincial, national, or international law, statute, ordinance, treaty, or regulation.
(3) Section 230 of the Communications Decency Act: You acknowledge and agree that the Owner is an interactive computer service provider under Section 230 of the CommunicationsDecencyAct.47U.S.C.§230. The Owner may allow users to submit content to the Website and the Website may contain links to third party websites that it does not control. The Owner has no duty to monitor content submitted to the Website, including User Generated Content, but it may, within its sole discretion, edit, remove, refuse, or manage the content submitted to the Website without notice to the submitting party and for any reason, such as that which might be offensive, harmful, or threatening to the safety of others, or otherwise in violation of the terms of this Agreement. You agree that the Owner will not be considered an information content provider and the Owner will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
(1) The Owner may amend or add to the provisions of these Terms and Conditions at any time.
§ 12 COPPA Compliance
(1) The Website and/or sewing patterns and/or sewing instructions are not aimed to persons under the age of eighteen (18) and the Owner will not knowingly collect personally identifiable information from children under the age of thirteen (13) absent the requirements set forth in these Terms and Conditions. If the Owner inadvertently collects personally identifiable information, the Owner will delete the personally identifiable information in accordance with its security protocols, upon notice.
§ 13 Indemnification
(1) You agree to indemnify, hold harmless, and defend the Owner from and against any and all claims, demands, causes of action, debts, liabilities, damages, costs, or expenses, including costs and reasonable attorney’s fees, arising out of or in relation to your use of the Website and/or sewing patterns, your violation of a term or provision of these Terms and Conditions, or your violation of the rights of a third party. You agree that your obligation to hold harmless, defend, and indemnify the Owner will survive the termination or failure of these Terms and Conditions and your use of the Website and/or of the sewing patterns. You acknowledge and agree that your obligation to defend the Owner will not provide you with the right to control the Owners defense and you expressly agree that the Owner has the right to direct and control its defense regardless of your obligation to defend the Owner.
§ 14 Final Provisions
(1) If you are an entrepreneur, legal person under public law or public law special assets, the exclusive jurisdiction, including venue, for all disputes arising under or in connection with these Terms and Conditions or related to any matter which is the subject of these Terms and Conditions between you and the Owner shall be Sankt Gallen, Switzerland, with the Owner reserving the right, at its sole and absolute discretion, to assert claims against you at your place of business. You acknowledge and agree that you are subject to the exclusive jurisdiction in Sankt Gallen, Switzerland based upon your use of the Website and/or of the sewing patterns. The parties agree that, to the extent permitted, the provisions of the Uniform Computer Information Transactions Act, the Electronic Signatures in Global and National Commerce Act, the Uniform Electronic Transactions Act, the U.N. Convention on Contracts for the International Sale of Goods, any federal or state statutory adoptions or equivalents of the aforementioned Acts and Convention, and any other state or federal laws related to electronic contracts, electronic signatures, or electronic records shall not apply to this Agreement.
(2) Deviations from the present General Terms and Conditions are only valid if they are agreed in writing.
(3) You and the Owner agree that any cause of action arising out of or in connection with this agreement or related to the Website and/or Sewing patterns provided under this agreement must commence within one year after the cause of action accrued. Failure to assert said cause of action within one year will permanently bar any and all relief.
(4) You will only be permitted to pursue claims against the Owner on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and you will only be permitted to seek relief (including monteary, injunctive, and declaratory relief) on an individual basis.
(5) If the contract contains invalid provisions, this shall not affect the validity of the contract as a whole.
(6) The services are exclusively provided based on these General Terms and Conditions. The Owner hereby objects to any inclusion of your General Terms and Conditions contrary to our General Terms and Conditions.
(8) You agree that any and all disputes arising under or in connection with these terms and conditions or related to any matter which is the subject of these terms and conditions, including, without limitation, your use of the Website and/or of the Sewing patterns, whether sounding in contract, tort or otherwise, shall be governed by and interpreted exclusively in accordance with substantive swiss law.