General Terms and Conditions

 

§ 1 Contracting parties, conclusion of contract

  1. Quilt around the World GmbH is an Internet platform providing various services for patchworking and quilting to members. In particular, we allow users to post content, access content and to acquire the rights of use for quilting instructions and similar items. Kind and scope of possible use depend on the type of user. Users fall into three groups: anonymous users (free of charge), registered users (free of charge) or members (for a fee). Members fall into commercial and non-commercial members. The term 'user' in the present General Terms and Conditions is meant to include all types of users unless the respective type of user is explicitly mentioned.

  2. Completion of the registration process by the user and activation of the user's account by Quilt around the World means the constitution of a contract between the user and Quilt around the World under the Terms of Use stated hereinafter. The present General Terms and Conditions are part of this contract.

  3. By ordering a fee-based service from us that exceeds the scope of use designated for registered users of our Internet platform, the user enters into another contractual relationship with Quilt around the World that differs from the contract activated by registration. Before finalization of such contract the user will be informed on the respective fee-based service and on the conditions of payment. By confirming his/her order and his/her payment commitment with a click the user will consent to such contractual relationship.

  4. The user's own Terms of Use differing or contrary to these Terms of Use are invalid unless with prior explicit and written consent from Quilt around the World.

 

§ 2 Modification of the Terms of Use

Quilt around the World reserves its right to vary, amend, change and/or modify the conditions of the Terms of Use at all times during the current membership. In such case, Quilt around the World will transmit the modified Terms of Use to the user and will expressly draw the user's attention to the new regulations. Quilt around the World will allow the user reasonable time to make a statement whether he accepts the modified Terms of Use while he continues to use the services provided. The modified Terms of Use shall be understood as accepted if the user does not make a statement within this period.

At the commencement of the time period, Quilt around the World will expressly draw the user's attention to this legal consequence. If the user objects to the modification of these Terms, Quilt around the World is entitled to cancel the contract of use without previous notice at the moment when the modified Terms of Use come into effect for the other users.

 

§ 3 Services offered by Quilt around the World

 

 

 

  1. Quilt around the World provides an Internet platform that is accessible from all around the world and that allows users to come into contact with each other, to communicate, to exchange quilting patterns and quilts among each other and to use each and any of the services offered.

  2. Scope of possible use of the platform depends on the respective type of user. Users fall into anonymous users (free of charge), registered users (free of charge) or non-commercial members (for a fee) and non-commercial members ( for a fee).

     

     

     

     

    1. Scope of services is divided into the following:

    2. Anonymous users are entitled to access particular information sources that are provided by Quilt around the World. Quilt around the World reserves the right to choose these sources at its own discretion.

    3. Registered users are entitled to a passive use of sources, services and applications. Quilt around the World reserves the right to choose these sources and services at its own discretion.

    4. Commercial as well as non-commercial members are entitled to the full scope of active and passive use of the services provided by Quilt around the World.

  3. Quilt around the World provides registered users with travel reports, instructions how to make quilts and similar items, book as well as product reviews and similar editorial contents. Choice of editorial contents that are covered by membership lies with Quilt around the World alone. Insofar, Quilt around the World reserves the right to provide users with particular editorial content in the form of particular fee-based services.

  4. Quilt around the World provides the technical framework for use of the Internet platform for the purposes of the contract.

  5. The user is aware that Quilt around the World renders its service on the basis of complex modern technology.

    1. The user is entitled to use the Quilt around the World Internet platform and its functions only within the limits of availability of the existing communication networks and other technical resources. Quilt around the World assumes no liability whatsoever for unavoidable, unforeseeable and extraordinary events and circumstances that may lead to a lack of availability of the services of Quilt around the World, like e.g. power outages, outage of communication lines from the interconnection point to the Internet, force majeure etc.

 

 

§ 4 Registration

  1. The use of Quilt around the World's Internet platform for the purpose of § 3 of these General Terms and Conditions requires pre-registration as user except for content that is freely accessible for anonymous users (e.g. extracts).

  2. Registration is made by opening a user account and accepting to these General Terms and Conditions. However, Quilt around the World reserves the right to refuse service to anyone.

  3. Natural or legal persons may register as users with Quilt around the World. Legal persons can only be registered by an authorized representative. All users are required to completely and correctly fill out the registration form with their basic personal information (e.g. name, street address (not P.O. Box)). Also, all users are required to keep their data up-to-date at all times. Should there be a change in the personal information after registration, the user is required to correct the information in his/her account immediately.

  4. The user is required to choose a secure password, keep the password secret and safe and not to share it with third parties. If the password has been disclosed to third parties, the member must inform Quilt around the World without undue delay either via email or in writing, so that Quilt around the World can take the necessary security steps like e. g. temporarily blocking the user's account until a new password can be set. Users are not allowed to share their account with third parties. The user understands that he/she takes full responsibility for actions of third parties with whom he/she shares the user account. Users are principally liable for each and any action performed from their user’s account.

  5. A user account is non-transferable.

  6. Communication with Quilt around the World will mainly be by e-mail; in particular, invoices and payment reminders will be sent electronically.

 

 

§ 5 Fees

The amount of the fee due depends on the current price list, which is accessible on the platform under Price List. The registration fee becomes due immediately after registration.

 

 

§ 6 Delay in Payment

14 days after maturity the user gets into default of payment. In such case Quilt around the World is entitled to demand default interest, overdue charges and all and any costs caused by the delay in payment as permitted by law. Further, if the user fails to pay the debt, Quilt around the World is entitled to suspend his/her access to the Internet platform after advance warning and setting a deadline of one week.

 

 

§ 7 User's Obligations

 

  1. The user is expected to abide by the law while using the Internet platform of Quilt around the World. Concluding this Agreement the user commits himself/herself to adhere to the current site rules of Quilt around the World. The site rules can be found on the platform under Community Guidelines

  2. The user is permitted to use the sources, services and applications provided by Quilt around the World only for the contractual purposes. Misuse of the platform beyond the dedicated purposes is not allowed and, in particular, the user must not

    • publish content on the Internet platform of Quilt around the World that violates the law, infringes third party rights or offends public morals;

    • systematically read out other users' contact data in order to circulate it to third parties;

    • harass other user’s e. g. by aggressive, obscene, insulting, defamatory or annoying postings or messages (flames);

    • annoy other users by mailing chain letters, junk mails, spam mails and ad mails;

    • use the Internet platform extensively and perpetually for publishing and dissemination of contents that are off-topic or off-purpose in relation to Quilt around the World and that might compromise the appeal of the Internet platform for users;

    • perform any actions that unduly load the system or that lead to system failures;

    • manipulate the look and feel of the Quilt around the World platform in part or entirely, e. g. by suppression or deletion** of ad banners;

    • assume false identities for registering, posting content or messaging; and

    • use the instructions, applications or other editorial contents for commercial purposes without prior consent from Quilt around the World.

  3. Users assume responsibility for the content of their application and for the contents they post on the corresponding forums of the Internet platform of Quilt around the World. The user has to ensure that he/she does not infringe any third party rights by posting contents (texts, pictures, photos, videos, names, trademarks, trade names and the like). The user indemnifies Quilt around the World from and against all claims from third parties that are raised against Quilt around the World referring to a violation of rights committed by the user and being his/her responsibility (e.g. infringement of copyrights or personality rights, unfair competition). As to this, the user meets all the costs arising for legal defense.

  4. Quilt around the World may take all measures as below if there are indications that a user violates the law, third party rights, these GTaC, the site rules or if Quilt around the World has another legitimate interest, in particular, in protection of the other users against fraudulent activities. In particular, Quilt around the World may:

    • issue a warning to users;

    • temporarily suspend the user account;

    • permanently suspend the user account;

    • delete contents.

    In particular, Quilt around the World reserves the right to delete content posted by users if it violates third party rights or if third parties raise claims about a violation of rights or if it violates the conditions of paragraph (1).

  5. Quilt around the World will ban users from the Internet platform of Quilt around the World if the user has given false contact information, shares the user account with third parties, impairs or harasses other users of Quilt around the World or abuses services of Quilt around the World or if there are any other substantial grounds for so doing.

 

§ 8 Penalty for breach of contract

In case of culpable violation of one or several of the duties to refrain from activities as expressly listed under § 7, paragraph (2), the user accepts to pay a suitable penalty. The value of the penalty will be determined by Quilt around the World on a case-by-case basis and can be revised in court when required.

 

§ 9 Granting of rights to use posted contents

  1. When the user posts contents and media on the Quilt around the World Internet platform, he/she grants to Quilt around the World the simple, i.e. non-exclusive right to use and to edit this posted material and to make it available to the public on the web. The granted right of use is limited neither in time nor in place. Since this right of use is not granted exclusively, the user may concede it to other providers as well.

  2. The user will receive no compensation for above right of use granted by him/her. The provisions of articles 32 and 32a of the German Copyright Act remain unaffected.

 

§ 10 Termination

  1. The user can terminate contract of use with Quilt around the World the at will, without reasons or prior notice. In case of termination by the user, the user’s profile will be removed, but the user’s contributions and other contents posted in the forums remain on the Internet platform without linking to his/her profile. In case of termination the user is required to pay Quilt around the World the fees still due for services ordered. By termination the user waives further fee-based services not yet ordered and is not entitled to a refund of the fee paid to Quilt around the World.

  2. Termination must be in writing (by letter or email). An unambiguous authentication and protection against misuse requires the user to indicate user name and the e-mail address used in the profile in the termination notice.

     

    Notice of termination must be addressed to:

     

    Quilt around the World GmbH

    Groß-Nabas-Strasse 3

    81827 Muenchen

    Germany

     

    info@quilt-around-the-world.com

     

  3. Quilt around the World may terminate the contract of use at will by giving notice at least one month before the end of the month. In this case, usage fees paid in excess will be refunded pro-rata-temporis. Excluded from refunds are usage times that were provided by Quilt around the World for free.

  4. Quilt around the World may terminate the contract without prior notice if there are substantial grounds for doing so, a substantial ground being in particular if the user

    • grossly and perpetually violates his/her contractual duties;

    • culpably and grossly violates the law while using Quilt around the World.

  5. Should there be substantial grounds entitling Quilt around the World to terminate the contract without prior notice, Quilt around the World may also suspend the user account and deny him/her a new account. Further, in cases of contract termination due to substantial grounds, usage fees paid in excess will not be refunded.

  6. Quilt around the World is also entitled but not obligated to terminate the contract and to delete the user account if the user did not log in to Quilt around the World for more than one year.

 

 

§ 11 Liability

 

  1. Quilt around the World is liable in cases of wrongful intent or gross negligence in accordance with legal regulations. Damage claims for slightly negligent violation of substantial contractual duties are, however, limited to losses foreseeable and typical for this kind of contract. This limitation of liability is not applicable to cases of injury to life, body or health. Quilt around the World is to the same extent liable for fault of agents and vicarious agents.

  2. Quilt around the World will not assume liability for a misuse of the contents provided. There might be a possibility that users will misuse the services of Quilt around the World in a way that is illegal and subject to criminal prosecution despite its being forbidden. For such illegal use contrary to contract, liability by Quilt around the World is excluded. If users themselves make data and contents accessible to other users or third parties and if the latter misuse the data and contents, Quilt around the World will assume no liability, either. Further, Quilt around the World shall be liable neither for the real identity of the individual members nor for the correctness of the information given by them.

 

 

§ 12 User’s right to cancel

  1. In his capacity as consumer (each and any natural person acting for purposes that are outside his/her trade, business or profession) the user may cancel his/ her entering into contract without reasons and within two weeks from completion of the registry process. Notice of cancellation must be in writing (e.g. letter, email) and addressed to Quilt around the World. Cancellation period commences at the earliest upon receipt of this instruction in text form but not prior to receipt of the confirmation email from Quilt around the World. The effective date of cancellation is the date of dispatch.

  2. The cancellation must be addressed to:

     

    Quilt Around The World GmbH

    Groß-Nabas-Strasse 3

    81827 Muenchen

    Germany

     

    or

     

    info@quilt-around-the-world.com

  3. In the event of an effective cancellation, the performances received by both parties are to be granted back and advantages achieved from use and enjoyment, if applicable, are to be returned. In case of a cancellation Quilt around the World will delete the registry information entered.

  4. The right to cancel is voided prematurely if the user gives his/her express consent to be serviced by Quilt around the World under this contract prior to the end of the cancellation period or if the user himself/herself initiates the service. This will be the case if the user logs in to Quilt around the World after receipt of the confirmation email.

  5. Irrespective of the right to cancel, the user can also terminate the contract of use at will according to § 10.

 

 

§ 13 Data privacy statement

Pursuant to section 33 of the German Federal Data Protection Act (BDSG), section 13 of the German Electronic Media Act (TMG) and to legal provisions of the same tenor, users are herewith informed that Quilt around the World processes users' data in machine-readable form for services that result from the contract.

Where Quilt around the World commissions third parties for rendering the services proffered, Quilt around the World shall be entitled to disclose the users' data if this is necessary to carry out the services for the purpose of the contract.

 

 

§ 14 Miscellaneous

 

  1. These General Terms and Conditions are solely governed by German law, excluding international private law and the UN Sales Convention. This does not apply to intellectual property rights.

  2. If any provision of these General Terms and Conditions is or should become inoperative, the other provisions of these GTaC will remain in full force and effect.

  3. If the user is a merchant, a legal person of the public law or a public fund, or if the user has no general place of jurisdiction in Germany, the competent court at the registered seat of Quilt around the World shall have jurisdiction for all disputes arising from this contract. Quilt around the World shall, however, also be entitled to file suit against the user at his/her general place of jurisdiction.