Conditions of Use

NaehEcke terms and conditions:
Info embroidery files (short version):
The embroidery files / plotter files shown are prefabricated for a frame size of 10x10 or 13x18.
With your order, you will receive your embroidery file in a frame size of your choice in the format of your choice!

Each file (plot or embroidery format) may be used a maximum of 20 times (private or commercial).
- You may not make stickers or iron-ons for sale from plotter files.

All motifs that you can produce from my files must be integrated into another product and must not be sold individually!
This is only reserved for www.NaehEcke.com!

Passing on (selling, swapping, distributing, anything else) of my files / ebooks is prohibited!

It is also prohibited to change (enlarge or reduce embroidery files, omitting parts) of my embroidery patterns / plotter files / ebooks.

Custom-made products (e.g. embroidery files / plotter files or stickers from your own dog, individualized lanyards, etc.) are only made against prepayment!

My crochet patterns / ebooks are for PRIVATE USE only!

When selling the embroidered / plotted articles or sewn works on a website or market, the address of my website www.NaehEcke.com must be clearly indicated in the respective product description.

In your own interest, carry out a test stick / test plot beforehand!

Digital formats are NOT TRANSFERRABLE to other people! (Personal)

With the purchase of the file you only acquire a license to use it.

The owner of the file is and remains NaehEcke.com


§ 1 General, Scope

The following general terms and conditions (GTC) regulate the contractual relationship between www.NaehEcke.com and companies and individuals (customers) who buy goods via our online shop.
The version valid at the time of the conclusion of the contract is decisive.
Conditions that contradict or deviate from our terms and conditions are not recognized by us.
The contract language is German.
 

§ 2 conclusion of contract

The products offered in the online shop represent a non-binding invitation to you (customer) to buy goods (files).
By placing an order using the online order form, you (customer) submit a binding offer to conclude a purchase contract for the goods in the shopping cart by clicking on the “Order with obligation to pay” button.
Relevant are the NaehEcke.com prices in euros excl. Value added tax according to § 19 UStG small business status.
You (customer) will immediately receive an order confirmation and invoice by email.
Order processing and contact are usually carried out by email and automated order processing.

This usually takes place as follows:
- You (customer) select your desired product without obligation from our online catalog by placing this article in the shopping cart by clicking the button "Add to shopping cart".
- You (customer) can view the contents of the shopping cart at any time by clicking the button "shopping cart" or the shopping cart symbol.
- You (customer) can delete the products in the shopping cart at any time by clicking on the trash can symbol next to the number of items displayed.
- As soon as you (customer) have placed all the desired products in the shopping cart, you can continue the order process by clicking the "Checkout" button.
- You (customer) can then either log in with your customer data or register as a new customer by clicking the green button “Next ->” on the right-hand side and create a personal customer account on the next page.
- On the next page in the order process (method of payment) you (customer) can select the billing and delivery address you want as well as the payment method without obligation.
- By clicking on the "Change address" button, you (customer) can change the billing address or use the billing address that has already been saved.
- On this page we refer you (customer) to our general terms and conditions of business and delivery as well as the right of withdrawal for digital goods.
- On the "Check order" page, you (customer) are shown all costs incurred and all details of the order are summarized.
- By clicking on the "Edit" links next to the individual data, you (customer) have the opportunity to correct them again.
- You (customer) can cancel the order process at any time by closing the browser window or by pressing the "Buy" button.
- At this point we refer again to the terms and conditions, the cancellation policy and our data protection declaration.
- The content of the shopping cart on this confirmation page represents a binding offer from NaehEcke.com to purchase the products in the shopping cart.
- By clicking the “Buy” button, you (customer) accept the offer.
- After receipt of the order, the concluded sales contract is immediately confirmed electronically by our webshop to the email address given in the customer account.
- The text of the contract as well as all other data required by you for the execution of the contract are stored by NaehEcke.com and can be viewed by you (customer) at any time in the corresponding customer account on the NaehEcke.com website.
In this respect, we refer to the data protection declaration, terms and conditions and cancellation policy that can be viewed at any time on the NaehEcke.com website.
- You (customer) must ensure that the email address you provided for processing the order is correct, so that emails sent by us can be received at this address.
In particular, when using SPAM filters, you (customer) must ensure that all e-mails we send can be delivered.
§ 3 Customer information: Storage of your order data
Your order with details of the concluded contract (e.g. type of product, price, etc.) will be saved by us.
We will send you the terms and conditions, but you can also access the terms and conditions on our website at any time after the contract has been concluded.
§ 4 Customer information: Correction note
You can correct your entries at any time before submitting the order using the delete button.
We will inform you about further correction options on the way through the ordering process.
You can also completely end the ordering process at any time by closing the browser window.
§ 5 Terms of Payment and Invoicing
We offer the following payment options for deliveries within Germany:
by PayPal (PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp / ua / useragreement-full)
or by bank transfer.
Invoices are only sent by email.
A paper invoice is not due.

Vouchers:
Our vouchers are generally valid for 3 years from the date of issue.
Exception:
sponsored vouchers from events.
A cash payment is not possible.
Otherwise the general terms and conditions apply.
§ 6 Execution of the order
The order will only be executed after receipt of payment at www.NaehEcke.com
In the case of products with individual design elements, the customer receives a proof from www.NaehEcke.com by email before production.
The final production takes place only after written approval by the customer.
§ 7 delivery
The delivery will be made to the delivery address you provided during the ordering process.
§ 8 return costs when exercising the right of withdrawal
If you exercise your statutory right of cancellation (see cancellation policy), you will have to bear the direct costs of returning the goods.

§ 9 Industrial property rights, copyrights and copyright

(1) The protected works of literature, science and art include in particular:
1. Language works, such as written works, speeches and computer programs;
2. works of music;
3. pantomime works including works of dance art;
4. Works of fine arts, including works of architecture and applied art, and drafts of such works;
5. Photographic works including works that are created similar to photographic works;
6. Cinematographic works including works that are created similarly to cinematographic works;
7. Representations of a scientific or technical nature, such as drawings, plans, maps, sketches, tables and plastic representations.

(2) Works within the meaning of this law are only personal spiritual creations.
Graphics: graphics, logos, etc. are protected as works of fine art.
(3) We are not obliged to pay compensation to you if the distribution or use of the goods purchased from us violates the rights of third parties, in particular copyrights, trademarks or patent rights and the like.

This applies in particular to the photos, images, graphics, brand logos and texts you provided for production.
It is your responsibility to ensure that you are in possession of the copying and reproduction rights for the documents submitted.

The customer releases NaehEcke.com from all claims by third parties due to legal violations.

We reserve all rights (copyright) for services provided by us, in particular graphic drafts, layouts, etc.
With the remuneration for this work, you only pay for the work performed yourself, but not for the intellectual property rights, in particular not the right to further reproduction.
The copyright can be transferred to you for a fee if this has been agreed in writing.
In this case, the rights only become your property when the agreed fee has been paid.

(4) Should third parties assert property rights against the buyer in relation to the embroidery pattern files / plotter files or the embroidery / plottings made with them, he will inform www.NaehEcke.com of this immediately in writing.
We are not obliged to pay damages to the customer if the distribution or use of the goods purchased from us violates the rights of third parties, in particular copyrights, trademarks or patent rights and the like.
You release us from all claims by third parties due to a related violation of the law.

§ 10 place of jurisdiction
All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The validity of UN purchasing law is excluded.
§ 11 Severability Clause
Should any provision of these terms and conditions be or become invalid or unenforceable, the remaining provisions of these terms and conditions shall remain unaffected by this, unless the omission of individual clauses would disadvantage one of the contracting parties so unreasonably that they can no longer be expected to adhere to the contract .

P R Ä A M B E L EMBROIDERY FILES / plotter files
1) www.NaehEcke.com markets embroidery design files / plotter files for use in embroidery machines and plotters.
The embroidery design files / plotter files are offered to commercial and private customers for a fee in the form of, among other things, copyrighted embroidery designs or plotter file formats.

www.NaehEcke.com offers products from the field of handicraft and would like to use the embroidery pattern files / plotter files in the context of its trade for the production of products by embroidering / plotting the embroidery / plotting on various carrier materials such as bags.
2) These conditions apply to the acquisition of embroidery design files / plotter files for exclusively private use or for exclusively commercial use of small series of max. 20 pieces per embroidery motif.
For others, separate license conditions apply.
License number = invoice number + article number + consecutive number (to be kept available on request)
3) Rights of use in relation to the embroidery design files / plotter files and / or the brand are granted exclusively in accordance with these general terms and conditions.

Other contractual regulations, in particular the general terms and conditions of www.NaehEcke.com, do not apply, even without this being expressly excluded.
If types of use are not regulated in these terms and conditions, these are not part of the rights of use granted.
§ 1
Subject of the contract
1) The rights of use granted to the buyer for an embroidery pattern file / plotter file refer to the specific design series which the buyer has acquired.

§ 2
Usage rights
1) www.NaehEcke.com grants the buyer a non-exclusive, non-transferable, time-unlimited, spatially and content-restricted simple right of use to the purchased embroidery pattern file / plotter file, the work within the Federal Republic of Germany, Austria and Switzerland, worldwide etc. to use in his company for his own purposes in accordance with this contract.
This means that the buyer is entitled to manufacture products from the handicraft area based on the work.

Exceptions to this are embroidery patterns and plotter files specially produced by www.NaehEcke.com for the buyer.
(Custom-made products such as animal portraits and all other embroidery or plotter files that we produce exclusively on behalf of the customer and specifically for the customer are NOT TRANSFERABLE!)

If our customers pass on the motifs specially made for them to other people, this is no longer compatible with our offer and the price must be adjusted accordingly.
2) The buyer is free to a limited extent in the context of the manufacture of the product on the basis of the embroidery design files / plotter files.
When using, however, it should be noted that the embroidery patterns / plotter files are only used in the original, i.e. digitally unchanged and in original size (for embroidery patterns) on any carrier material (e.g. bags, pillows, other textiles, etc.) and may then be sold as end products .
3) Among other things, the buyer is not entitled to reproduce, publish, distribute, resell, allow third parties to use, edit or in any form the embroidery pattern file / plotter file or patterns embroidered / plotted from it in parts or in full change, especially not through the use of technical aids.
The creation and / or sale of prints is also not permitted.
You are not allowed to make stickers or iron-on transfers from plotter files for sale.
These are only reserved for www.NaehEcke.com!
4) The use of the embroidery design files / plotter files is done personally by the buyer or his employees.
It is not permitted to allow third parties to use it
- also not to use these for the manufacture of their own products, unless this was expressly permitted in writing by www.NaehEcke.com following a request from the buyer.
The embroidery pattern file / plotter file may otherwise only be used to manufacture products personally by the buyer.
Custom-made products (animal portraits and all other embroidery or plotter files) that we produce exclusively on behalf of the customer and especially for the customer are NOT TRANSFERABLE!
If our customers pass on the motifs specially made for them to other people, this is no longer compatible with our offer and the price must be adjusted accordingly.
 
This offer is only valid for private and small businesses (100 uses of the motif), other company names please request a separate offer!
5) The buyer sells the products manufactured on the basis of the embroidery pattern file / plotter file exclusively in his own name or under brands that are exclusively his property or are used by him.
However, the buyer will provide the corresponding sales presentation in his online shop / web offer for each of these products, easily recognizable for the potential buyer, with the following note: "Embroidery motif / embroidery file / plotter file from www.NaehEcke.com / article" Clues.
6) www.NaehEcke.com reserves the right to point out a presentation of the products that it considers to be detrimental to the brand and to request the buyer not to use the above notice or to reposition it in the future.
Use of the product images from NaehEcke.com:
The customer may use the product images from NaehEcke.com unchanged on their pages for presentation, WITH the logo over Eck NaehEcke.
7) The products created on the basis of the embroidery design files / plotter files are to be offered at least at prices that an average buyer usually also applies for his own products. Special promotions, special prices and discount promotions or the like are permitted within the usual framework.
8) www.NaehEcke.com can revoke the granting of usage rights at any time for an important reason.
An important reason exists in particular if the buyer does not comply with the terms of use and does not immediately omit to do so even after a written warning with a threat of revocation by www.NaehEcke.com.
If the rights of use are revoked, the buyer will immediately surrender or irrevocably delete the embroidery design files / plotter files and any other copies made and insure this.

§ 3
Material and legal defects
1) The selection of the materials to be used (embroidery thread, etc.) and the responsibility for the implementation of the work are the sole responsibility of the buyer.
www.NaehEcke.com assumes no liability and no guarantee in this regard - unless this is based on willful or grossly negligent misconduct on the part of www.NaehEcke.com, in particular with regard to an implementation that deviates from the embroidery design file / plotter file (not permitted).
www.NaehEcke.com makes no statement and assumes no responsibility with regard to the suitability of the product based on the work or the use of the materials chosen by the buyer. This also applies to any infringement of third party rights (including copyrights, trademarks and designs) due to the specific use of the product manufactured by the buyer on the basis of the work.
2) The responsibility for ensuring that the applicable statutory provisions are complied with with regard to the manufactured products lies solely with the buyer.
www.NaehEcke.com points out that in the context of the sale of toys, dog harnesses, etc. legal regulations apply which must be observed. The buyer is encouraged to inform himself before selling the products.

§ 4
liability
1) The unlimited liability of www.NaehEcke.com is limited to intent and gross negligence, as well as in cases of injury to life, limb or health. In the case of simple negligence, only direct, foreseeable and contract-typical damage will be reimbursed. Lost profit will not be replaced.
2) www.NaehEcke.com assumes no liability for loss of or damage to the digital goods sent (embroidery files, plotter files).
The buyer is responsible for a sufficient data backup!
§ 5
Statute of limitations
1) Claims of the buyer due to material or legal defects expire within one year from the availability of the embroidery design files. The statutory limitation periods apply if the handover of the embroidery design files to a third party can be requested due to a legal defect.
2) A limitation period of one year from the start of the statutory limitation period applies to other claims of the buyer arising from a contract as well as from a contractual obligation (Section 311 (2) BGB). The claims become statute-barred at the latest with the expiry of the statutory maximum periods (Section 199 Paragraphs 3 and 4 BGB).
§ 6
Usage period and contract termination
1) The rights of use for the respective work are granted for the use of 20 embroideries / plots without any time limit, starting with the purchase of the respective file for private or commercial use by the buyer.
Exceptions to this are embroidery patterns specially made for the buyer by www.NaehEcke.com. Here, the file is used 100 times (other company names ask for a separate offer!)
2) The right to use and exploit the work, as well as the exploitation, distribution and publication of the products on the basis of the work in accordance with this contract ends with the expiry of the 20th embroidery / plotting in accordance with section 1) above, without any particular termination on the part of www. NaehEcke.com needs.
Exceptions to this are embroidery patterns specially made for the buyer by www.NaehEcke.com. Here, the file is used 100 times (other company names ask for a separate offer!)
3) An extension of the use takes place only on the basis of an extension of the usage rights of the embroidery pattern or plotter file files, which www.NaehEcke.com can offer the buyer at the end of the usage.
The buyer will inform www.NaehEcke.com about this in good time before it expires.
Exceptions to this are embroidery patterns specially produced for the buyer by www.NaehEcke.com.
§ 7
Final provisions
1) This contract contains the only regulation of the legal relationship between the parties. There are no other agreements and / or side agreements. Changes to this contract must be made in writing. This also applies to the written form clause.

2) Should a provision of this contract be ineffective, this does not affect the effectiveness of the rest of the contract. In this case, the parties agree to replace the ineffective clause with an effective clause which, within the framework of what is legally permissible and economically reasonable, comes closest to the ideas of the parties.

3) This contract is subject to German law. The place of jurisdiction for all disputes relating to this contract is Worms. The application of the UN sales law is expressly excluded.

"The European Commission will soon provide a platform for online dispute resolution (OS)."
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=DE

End of the general terms and conditions

06/2021