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Terms & Conditions

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Last updated: September 2026

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§ 1 Scope and Seller Information

(1) These Terms & Conditions apply to all contracts concluded through the online shop at www.janinagold.com/shop between

Janina Gold
Karwendelstr. 1
82194 Gröbenzell
Germany

Email: hello@janinagold.com
Phone: +49 (0)15758293353

– hereinafter referred to as the "Seller" – and her customers.

(2) The product range includes, in particular, digital sewing patterns and e-books, as well as clothing, headpieces, accessories, and other physical products where offered.

(3) For the purposes of these Terms & Conditions, customers may be either consumers or business customers.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or independent professional activity.

A business customer is a natural or legal person, or a partnership with legal capacity, acting in the course of their trade, business, or independent professional activity when entering into a legal transaction.

(4) Digital sewing patterns are additionally subject to the Sewing Pattern License Terms incorporated into the respective contract at the time of purchase. These terms govern, in particular, the scope of permitted personal and commercial use.

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§ 2 Conclusion of Contract

(1) The presentation of products in our online shop does not constitute a legally binding offer to enter into a contract but rather an invitation for the customer to place an order.

(2) Customers may select the desired products and add them to their virtual shopping cart.

Before submitting a binding order, customers can review and, where necessary, correct the selected products and the information they have entered.

(3) Depending on the technical configuration of the online shop, the ordering process generally includes:

  1. Selecting the desired product;

  2. Adding the product to the shopping cart;

  3. Reviewing the shopping cart;

  4. Proceeding to checkout;

  5. Entering or reviewing the required order and payment information;

  6. Providing any required declarations relating to digital content;

  7. Reviewing or accepting the contractual terms applicable to the order; and

  8. Submitting the binding order using the appropriately labeled order button.

(4) By clicking the button labeled "Order with obligation to pay" or an equivalently clear order button, the customer submits a binding offer to enter into a contract for the products contained in the shopping cart.

(5) After an order has been received, the customer will generally receive an automatic order confirmation by email.

Unless the email expressly states that the order has been accepted, it initially serves only to confirm receipt of the order.

The contract is concluded when we expressly accept the order, make the digital product available for download, send a download link, confirm shipment of a physical product, or otherwise clearly begin fulfilling the order.

(6) For digital products, acceptance may occur in particular when the download is made available following successful payment.

(7) The contractual terms applicable to the order are made available to the customer during the ordering process. Confirmation of the contract is provided on a durable medium, particularly by email, in accordance with statutory requirements.

(8) Contracts are concluded in German. Where the relevant section of the online shop is offered in English, contracts may also be concluded in English.

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Digital Products

§ 3 Digital Sewing Patterns, E-Books and Other Digital Content

(1) Our digital sewing patterns, e-books, and other downloadable files constitute digital content.

(2) Unless expressly stated otherwise in the respective product description, the purchase of a digital product does not include any physical item.

In particular, purchasing a digital sewing pattern does not include receiving a printed pattern by post or courier unless it is expressly offered as a physical product.

(3) The content, scope, file format, and other essential characteristics of each digital product are specified in the respective product description.

(4) Information about the essential functionality, compatibility, and interoperability required to use the product is provided, where necessary, in the product description or elsewhere in the online shop.

(5) Customers are responsible for having the standard technical requirements necessary to download, save, open, and, where applicable, print the respective files, unless otherwise stated in the product description.

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§ 4 Delivery of Digital Products

(1) Digital products are provided electronically, particularly through a download link, download page, or comparable electronic method.

(2) Unless otherwise stated, digital products are made available after successful completion of the ordering and payment process.

(3) No shipping costs apply to products delivered exclusively in digital form.

(4) If immediate delivery is temporarily unavailable due to a technical issue, the statutory provisions governing the supply of digital products apply. Where appropriate, we will provide an alternative means of accessing the purchased digital product.

(5) Customers' statutory rights in cases of non-delivery or non-conforming delivery remain unaffected.

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§ 5 Usage Rights for Digital Products

(1) The digital content we offer, particularly sewing patterns, e-books, instructions, texts, photographs, illustrations, graphics, and other components of the files, may be protected by copyright and/or other intellectual property rights.

(2) Purchasing a digital product does not transfer copyright or other exclusive intellectual property rights.

Customers receive the usage rights necessary for the contractually agreed use of the product, within the scope of the terms applicable to that product.

(3) Unless different usage terms have been agreed upon for a digital product, customers receive a limited, non-exclusive, non-transferable license for personal use.

(4) In particular, digital files may not be shared with third parties, resold, published, distributed, made publicly available, or presented as the customer's own work or design without appropriate permission, unless such use is permitted by law or expressly authorized by us.

(5) Uses that are mandatorily permitted by law remain unaffected.

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§ 6 Special License Terms for Sewing Patterns

(1) Our digital sewing patterns are additionally subject to the Sewing Pattern License Terms incorporated into the respective contract at the time of purchase.

(2) These license terms govern, in particular:

  • The scope of permitted personal use;

  • The scope of any permitted commercial use;

  • Permitted production or sales quantities;

  • Requirements for additional commercial licenses;

  • Conditions applicable to commercial use; and

  • Any required attribution or credit.

(3) The license terms applicable to each purchase are made available to customers before completing their order.

(4) Where a particular commercial use is not covered by the license included with the sewing pattern, the customer must obtain the appropriate additional license or our express permission before engaging in such use.

(5) Permission to sell products made using a sewing pattern does not grant permission to sell, share, publish, or otherwise make the sewing pattern or its digital files available to third parties unless expressly agreed otherwise.

(6) Unless otherwise specified in the applicable license terms, all licenses granted are non-exclusive and non-transferable.

(7) The license terms that were validly incorporated into the contract at the time of purchase generally apply to that purchase.

Subsequent changes to license terms published on our website do not automatically alter usage rights already granted.

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§ 7 Right of Withdrawal for Digital Content

(1) Consumers generally have a statutory right of withdrawal. Details are provided in our separate Withdrawal Policy.

(2) Special statutory provisions apply to digital content that is not supplied on a physical medium.

For contracts involving digital content supplied in exchange for payment, the right of withdrawal may expire before the end of the statutory withdrawal period if the applicable legal requirements are met.

(3) This requires, in particular, that:

  1. The consumer has expressly consented to us beginning performance of the contract before the withdrawal period expires;

  2. The consumer has acknowledged that, by giving such consent, they will lose their right of withdrawal once performance begins; and

  3. We have provided the consumer with confirmation of the contract in accordance with statutory requirements.

(4) Digital products made available for immediate download will therefore only be provided, where legally required, after the customer has submitted the necessary declarations.

(5) Further details regarding the right of withdrawal and its expiration are provided in our Withdrawal Policy.

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Physical Products, Made-to-Order and Pre-Orders

§ 8 Physical Products

(1) Where we offer physical products, their essential characteristics, sizes, colors, materials, and other features are specified in the respective product description.

(2) Certain physical products may only be manufactured after an order has been placed ("Made to Order") or may be offered during limited pre-order periods ("Pre-Order").

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§ 9 Pre-Orders and Made-to-Order Products

(1) For products labeled accordingly, production begins only after the order has been received or after a specified pre-order period has ended.

(2) The estimated production or delivery time is provided in the respective product description or during the ordering process.

(3) Production and delivery times may change, particularly for handmade products, within the limits permitted by law. We will inform customers of significant delays. Mandatory statutory rights remain unaffected.

(4) For consumers, the statutory withdrawal period for goods eligible for withdrawal generally begins upon receipt of the goods, in accordance with applicable law. The production period before shipment does not shorten the statutory withdrawal period.

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§ 10 Custom-Made and Individually Tailored Products

(1) We offer custom-made or individually tailored versions of certain products.

(2) In accordance with statutory provisions, the right of withdrawal does not apply, in particular, to contracts for the supply of goods that are not prefabricated and for which an individual choice or specification by the consumer is decisive for their production, or which are clearly tailored to the consumer's personal needs.

(3) This may apply, in particular, to products manufactured according to:

  • Individual body measurements;

  • Personal sizing specifications;

  • Color preferences or combinations that differ from our standard range;

  • Individually selected materials or embellishments;

  • Custom design requests; or

  • Other personal specifications provided by the customer.

(4) Examples may include a headpiece or accessory made specifically in a color combination or design requested by the customer and not normally offered, or a garment made according to the customer's individual body measurements.

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Withdrawal, Returns and Size Exchanges

§ 11 Right of Withdrawal for Physical Goods

(1) Consumers generally have a statutory right of withdrawal for distance contracts involving physical goods, unless a statutory exception applies.

(2) The withdrawal period is generally fourteen days and, for goods, generally begins upon receipt of the goods in accordance with statutory provisions.

(3) Details regarding the exercise of the right of withdrawal, returning goods, refunds, and return shipping costs are provided in our separate Withdrawal Policy.

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§ 12 Trying On and Handling Returned Goods

(1) Consumers may inspect goods within the scope of their statutory right of withdrawal to the extent necessary to establish their nature, characteristics, and functioning.

For clothing, this includes reasonably trying on the item to check its size and fit.

(2) We ask customers to handle goods carefully during this inspection.

In particular, goods should not be worn or used beyond a normal fitting, washed, altered, or damaged.

(3) Customers should, where possible, avoid stains and other signs of use when trying on garments. This includes, for example, traces of makeup, self-tanner, perfume, deodorant, or other substances.

(4) Wearing a garment to an event, wedding, celebration, photoshoot, or similar occasion may go beyond the inspection necessary to determine its nature, characteristics, size, and fit.

(5) If a reduction in the value of the goods results from handling beyond what is necessary to establish their nature, characteristics, and functioning, the consumer may be required to compensate for that reduction in value, subject to the applicable statutory requirements.

(6) The statutory right of withdrawal is not excluded by these provisions.

(7) We recommend that customers leave any attached labels in place during fitting where possible and retain the original packaging in case a return becomes necessary.

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§ 13 Size Exchanges

(1) In addition to statutory rights, customers generally have no entitlement to a direct exchange for a different size where an item has been delivered without defects, unless expressly agreed otherwise.

(2) As our Made-to-Order and Pre-Order products are manufactured during specific production periods, we cannot always offer direct size exchanges.

(3) If a regularly offered size does not fit, consumers may exercise their statutory right of withdrawal where such a right exists and its requirements are met.

A different size may then be ordered separately, subject to availability or during an applicable pre-order or ordering period.

(4) For defect-free products, customers are not entitled to have a new item manufactured in a different size outside an available production or pre-order period unless expressly agreed otherwise.

(5) Statutory rights relating to defective or incorrectly delivered goods remain unaffected.

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§ 14 Store Credit as a Voluntary Alternative

(1) In the event of a valid withdrawal, refunds will generally be issued in accordance with statutory requirements and our Withdrawal Policy using the same payment method used for the original transaction, unless otherwise agreed.

(2) We may voluntarily offer customers store credit instead of a refund, for example, to allow them to order a different size during a later pre-order period.

(3) Accepting store credit is entirely voluntary. In the event of a valid statutory withdrawal, consumers are not required to accept store credit instead of the refund to which they are legally entitled.

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Prices, Payment and Delivery

§ 15 Prices and Shipping Costs

(1) The prices displayed in the online shop at the time of ordering apply.

(2) All displayed prices are total prices. The applicable treatment of value-added tax is determined by the relevant statutory provisions.

(3) No shipping costs apply to products delivered exclusively in digital form.

(4) Any additional shipping costs for physical products are displayed before the order is submitted.

(5) Deliveries to countries outside the European Union may be subject to additional customs duties, import taxes, or other charges.

Where such charges are not collected or paid by us, the customer may be required to pay them to the relevant authorities or service providers.

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§ 16 Payment Terms

(1) Customers may use the payment methods displayed during checkout. These may include credit cards, PayPal, and payment methods processed through Stripe.

(2) The payment methods actually available for each order are displayed before the order is completed.

(3) Unless otherwise stated for the selected payment method, the purchase price is generally due upon conclusion of the contract.

(4) Digital products are generally made available following successful payment or payment confirmation.

(5) Physical products are generally manufactured or shipped following successful payment unless otherwise stated in the respective product description or for the selected payment method.

(6) In the event of late payment, the statutory provisions apply.

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§ 17 Delivery of Physical Goods

(1) Physical goods are delivered to the shipping address provided by the customer during the ordering process.

(2) The estimated delivery or production time is specified in the online shop or the respective product description.

(3) For Made-to-Order, handmade, or Pre-Order products, the total delivery time may consist of a production period followed by the shipping period.

(4) If delivery becomes permanently impossible in exceptional circumstances, the statutory provisions apply.

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Defects and Liability

§ 18 Statutory Rights Regarding Defective Physical Products

(1) The statutory rights relating to defective goods apply.

(2) If a delivered product is defective or does not conform to the agreed characteristics, the customer is entitled to the applicable statutory remedies.

(3) A defect may exist, for example, if a product is delivered in a size different from the one ordered or deviates from expressly agreed individual measurements or other agreed characteristics.

(4) The fact that a defect-free garment in the standard size ordered by the customer does not fit as desired due to the customer's individual body shape or personal fit preferences does not, by itself, constitute a product defect.

(5) The customer's statutory rights remain unaffected.

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§ 19 Statutory Rights Regarding Digital Products

(1) The statutory provisions governing digital products apply to consumer contracts involving digital products.

(2) If a digital product is not supplied or does not conform to the contract, consumers are entitled to the applicable statutory remedies.

(3) These Terms & Conditions do not restrict statutory rights relating to non-delivery, defects, or other instances of non-conformity.

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§ 20 Liability

(1) We accept unlimited liability for damage caused by intent or gross negligence, as well as for damage resulting from injury to life, body, or health.

(2) In cases of slight negligence involving a breach of an essential contractual obligation, our liability is limited, within the applicable statutory requirements, to foreseeable damage typical of the contract.

Essential contractual obligations are obligations whose fulfillment is necessary for the proper performance of the contract and on whose fulfillment the other contracting party may regularly rely.

(3) The above limitations of liability do not apply where mandatory statutory liability provisions apply.

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Final Provisions

§ 21 Applicable Law

(1) The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), to the extent permitted by law.

(2) Where the customer is a consumer habitually resident in another country, mandatory consumer protection provisions of that country remain unaffected to the extent that they cannot be excluded by a choice of law under the applicable legal provisions.

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§ 22 Supplementary Terms

(1) The following provisions apply in addition to these Terms & Conditions:

  • Our Withdrawal Policy for consumers;

  • The Sewing Pattern License Terms validly incorporated into the respective contract for digital sewing patterns; and

  • The relevant product descriptions and any expressly agreed individual arrangements.

(2) Individual agreements between us and the customer take precedence over these Terms & Conditions.

(3) Statutory provisions apply additionally wherever these Terms & Conditions do not contain a valid provision to the contrary.

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