Terms of service
General terms and conditions of sale
These general terms and conditions apply to all business relationships between
Black Snail Patterns, owned by Rotraut Kohlberger, Kreutererstrasse 56, A-4820 Bad Ischl
(hereinafter Blacksnailpatterns or "we") and consumers and entrepreneurs (hereinafter:
“customers” or “you”) via physical products (e.g. printed patterns) and digital content via the
online shop or local pickup.
The range of goods in our online shop is aimed exclusively at buyers who have reached the
age of 18.
Our deliveries, services and offers are made exclusively based on these General Terms and
Conditions. The general terms and conditions also apply to companies for all future business
relationships, even if they are not expressly agreed again. If you, as an entrepreneur, use
conflicting or supplementary general terms and conditions, these will only become part of
the contract if we have expressly agreed to them.
The contract language is exclusively German.
Conclusion of contract and ordering process
The presentation of the goods in the online shop does not constitute a legally binding
application for the conclusion of a purchase contract, but rather a non-binding invitation to
order goods. You can select the desired product without obligation by clicking on the
shopping cart symbol. The selected products can be removed from the shopping cart at any
time, and the ordering process can be canceled at any time by closing the browser window.
If you would like to buy the products in the shopping cart, you must click on the "Check out /
Checkout" button. You can now choose whether you want to order as a guest, after logging
in or registering as a customer, and then choose the payment method. You can now check
the entries again and change them if necessary. You only place a binding order by clicking on
the "Buy now" button. In the case of digital files, the contract is concluded by providing a
link. The order is only possible if you accept the shop terms and conditions by clicking on the
If we cannot accept your offer, you will be informed that the product is not available, instead
of accepting the order. Any consideration already paid will be reimbursed immediately.
Order on our webshop is possible after registration as a customer, an order is also possible
as a guest. Registration is free.
For the delivery of digital files (downloads), the customer must have Internet access suitable
for such products and provide a valid email address to which the download will be sent.
The prices stated on the product pages include statutory VAT and other price components.
Shipping costs may be added to the stated product prices. You can find more information
about the shipping costs in the offer here (link).
Terms of payment
Payment is only made using the payment methods indicated during the ordering process.
In principle, the following payment methods are available:
a) Credit card: When paying by credit card, the purchase price will be reserved on your credit
card at the time of ordering (authorization). Your credit card account is debited when we
send the goods to you.
b) PayPal: You will be redirected to the website of the online provider PayPal during the
ordering process. To be able to pay the invoice amount via PayPal, you must be registered
there or register first, identify yourself with your access data and confirm the payment order
to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
You'll get more information during the ordering process. The payment transaction is carried
out automatically by PayPal immediately afterward.
c) Direct debit / direct debit: If you pay by direct debit, you may have to bear the costs that
arise as a result of a chargeback of a payment transaction due to insufficient funds in your
account or due to incorrect bank details transmitted by you.
d) Invoice (only for entrepreneurs): The invoice amount is due within 14 days of the invoice
Set-Off/Right of Retention
You are only entitled to set off if your counterclaim has been legally established, is
undisputed or is recognized by us. Postage costs that you have paid for the return of goods
may not be deducted from the invoice amount under your authority. You are only
authorized to exercise a right of retention if your counterclaim is based on the same
When you order physical products from us for delivery outside of the EU, you may be subject
to export restrictions, import duties and taxes, which are levied once the package reaches its
intended destination. Any additional customs clearance fees must be borne by you; we have
no control over these charges. Customs regulations vary widely from country to country, so
you should contact your local customs office for more information. The protection of your
data is important to us and we would like to draw the attention of our international
customers to the fact that cross-border deliveries may be unpacked and inspected by the
Return of goods
If you make use of your right of withdrawal, you have to bear the direct costs of returning
a) Digital files:
Unless otherwise agreed, the goods are delivered by providing a link when purchasing digital
files. This can be pressed by you and starts the download to the storage medium you have
It is the customer's responsibility to provide suitable software that allows the files and
content to be properly opened, edited and printed.
b) Non-Digital Goods:
Unless otherwise agreed, the goods will be delivered from our warehouse to the address you
The goods remain our property until the purchase price has been paid in full.
If the product you ordered is not available from us because we were not supplied correctly
or on time by our reliable supplier through no fault of your own, despite ordering correctly
(congruent hedging transaction), you will receive an email notification immediately. This
releases us from our obligation to perform and we can withdraw from the contract. We will
immediately reimburse you for payments already made.
The following also applies to entrepreneurs: We reserve title to the goods until all claims
from the current business relationship have been settled in full. You may resell the goods in
the ordinary course of business. In this case, you assign to us all claims in the amount of the
invoice amount that accrue to you from the resale. We accept the assignment, but you are
authorized to collect the claims. We may also collect the claims ourselves if you do not meet
your payment obligations.
The following applies to consumers: Please complain about goods with obvious transport
damage immediately upon delivery and contact us. The omission of a complaint or contact
has no consequences for your legal claims and their enforcement, in particular your
warranty rights. You help us to be able to assert our claims against the transport company or
the insurance company.
The following applies to entrepreneurs: The risk of accidental loss and accidental
deterioration passes to you as soon as we have handed over the goods to the transport
Your warranty claims are based on the statutory provisions.
We are fully liable for intent and gross negligence by the statutory provisions.
We are only liable for damage caused by slight negligence if this is based on the breach of a
material contractual obligation, the fulfillment of which is essential for the proper execution
of the contract and on the observance of which you can regularly rely (cardinal obligation).
We are not liable for damage caused by the improper execution of tips and instructions and
the improper implementation of the patterns, improper handling of materials in the
manufacture of clothing, or improper use of textiles made according to the patterns.
Copyright and Use Rights
All digital and non-digital content provided by the seller is protected by copyright.
The customer acquires an unlimited, simple, non-transferable right of use for non-
commercial use only. No exploitation rights are granted to the customer. In particular, he
may not make the acquired titles publicly accessible either digitally or in printed form, in
whole or in part, or pass them on to third parties in any other form. The right to reproduce is
limited to acts of reproduction that are solely for personal use.
We reserve the right to personalize digital content made available for download with visible
and invisible identifiers to make such misuse identifiable and traceable. We reserve the right
to take civil and criminal action against unauthorized use based on this and additional
Alternative Dispute Resolution
The EU Commission provides consumers with a platform for out-of-court online dispute
resolution. The dispute settlement platform can be reached via the external link
http://ec.europa.eu/consumers/odr/. We endeavor to settle any differences of opinion
amicably and point out that we are not obliged to participate in a dispute settlement
Should one or more provisions of these General Terms and Conditions be or become invalid,
this shall not affect the validity of the other provisions.
Austrian law applies exclusively to contracts between us and customers, excluding the UN
sales law and international private law. Mandatory provisions of the country in which you
usually reside remain unaffected by the choice of law.
The place of performance for deliveries and payments is Bad Ischl, the exclusive place of
jurisdiction is – to the extent legally permissible – Bad Ischl. This also applies if the customer
is a consumer and does not reside in the European Union.