T&C
Here you can find my general terms and conditions
1. Scope
1.1 Ms. Susanna Wällstedt, owner of Dolls and Pattern e.U., Lustkandlgasse 25-27/13, 1090 Vienna, (hereinafter “Mamsell Su”), provides all services exclusively on the basis of these General Terms and Conditions (“T&C”). These GTC apply to all legal relationships between Mamsell Su and customers, even if they are not expressly referred to.
1.2 The version of the General Terms and Conditions valid at the time of conclusion of the contract shall prevail. Deviations or supplementary agreements with the customer are only valid if confirmed in writing by Mamsell Su.
1.3 Any terms and conditions of the customer will not be accepted, even if known, unless otherwise expressly agreed in writing in the individual case.
1.4 Changes to the General Terms and Conditions will be notified to the customer in advance and will be deemed agreed if the customer does not object in writing within 14 days; the customer will be expressly informed of the significance of silence in the notification.
2. Conclusion of contract
2.1 All offers from Mamsell Su are subject to change and non-binding until accepted by the customer.
2.2 Mamsell Su only makes written offers and these are only considered accepted if the customer agrees in writing.
2.3 Mamsell Su is entitled to terminate the contract with immediate effect for good cause. Good cause exists in particular if the customer fails to fulfill essential contractual obligations despite a grace period of 14 days, or if the fulfillment of the contract becomes permanently impossible for Mamsell Su.
3. Subject matter of the contract, scope of services, remuneration
3.1 The subject matter of the contract is the agreed service or product (collectively, the “Service”). The type and scope of the Service shall be determined from the respective offer or any order confirmation from Mamsell Su.
3.2 Subsequent changes to the service require written confirmation by Mamsell Su.
3.3 Unless otherwise agreed, the customer shall pay a reasonable fee for custom-made designs, templates, patterns, plans, products, and the like. An hourly rate of EUR 30 gross shall be considered reasonable for Mamsell Su’s services. Mamsell Su shall also charge for the necessary materials and expenses at actual costs.
3.4 All claims of Mamsell Su shall become due immediately upon invoicing and without deductions.
3.5 Unless expressly agreed otherwise, all services provided by Mamsell Su are subject to a fee. This applies in particular to the creation of sample pattern, sample drafts, or sample designs.
3.6 All services provided by Mamsell Su that are not expressly covered by the agreed fee shall be paid for separately by the customer.
3.7 If the customer subsequently unilaterally changes or cancels orders, he must pay Mamsell Su for the services provided up to that point and reimburse all costs incurred, whereby the offsetting rule of Section 1168 of the Austrian Civil Code (ABGB) is expressly excluded.
4. Customer’s duty to cooperate, protection of third-party rights
4.1 The customer is obligated to support Mamsell Su in providing the service and to take all necessary steps and provide all necessary or relevant information in a timely manner. Any delays or damages caused by the customer in this regard shall be solely at the customer’s expense.
4.2 If the customer provides materials for order fulfillment (e.g., fabrics), they must explicitly inform Mamsell Su of the relevant processing instructions (e.g., regarding colorfastness or sensitivity of the fabric, etc.). Unless the provided material is obviously unsuitable, Mamsell Su is not obligated to verify its suitability.
4.3 If the customer provides Mamsell Su with documents, templates, data, and the like (such as photos, logos, graphics, designs, personal data), Mamsell Su may assume that the customer maintains the corresponding rights, in particular any copyrights, trademarks, trademark rights, or other rights of third parties, and is authorized to pass them on to Mamsell Su for the respective purpose. Mamsell Su is not obligated to review these, and the customer shall indemnify and hold Mamsell Su harmless from any possible violation of law in this context.
4.4 The customer expressly confirms compliance with all data protection regulations. If the customer provides personal data to Mamsell Su, the customer must ensure that the relevant data protection regulations, in particular effective declarations of consent from the data subjects, are in place. The customer shall indemnify and hold Mamsell Su harmless in this regard.
5. Delivery and shipping conditions
5.1 All specified delivery or service deadlines are non-binding unless fixed dates have been expressly agreed in writing.
5.2 If Mamsell Su is in default, the customer may only withdraw from the contract after having given Mamsell Su a reasonable grace period of at least 14 days in writing.
5.3 The delivery of goods shall be made by dispatch to the delivery address specified by the Customer, unless otherwise agreed, and at the Customer’s expense.
6. Warranty and compensation
6.1 Mamsell Su’s liability to the customer is limited to grossly negligent or intentional conduct, with the exception of personal injury.
6.2 The customer must inspect the service for defects immediately upon receipt and report any defects immediately, in any case within 14 days, and any hidden defects within 14 days of discovery, in writing, describing the defect. Otherwise, the service will be deemed approved. In this case, the assertion of warranty and compensation claims, as well as the right to contest the contract on the grounds of error, are excluded.
6.3 In the event of a justified and timely notification of defects, the customer is entitled to repair or replacement. Mamsell Su will remedy the defects within a reasonable period of time, whereby the customer will enable Mamsell Su to take all measures necessary to investigate and remedy the defects. Mamsell Su is entitled to refuse to repair the service if this is impossible or involves disproportionate effort. In the event of repair, the customer must return the defective item to Mamsell Su at his or her own expense and risk.
7. Special provisions for digital offers, templates and pattern
7.1 For online workshops or other services provided via remote transmission, only the respective customer is authorized to participate. Any distribution, recording, storage, or other further use is prohibited.
7.2 Mamsell Su assumes no liability for risks of digital transmissions, such as malware or transmission losses.
7.3 Unless expressly agreed otherwise, Mamsell Su grants the customer only a non-exclusive right to non-commercial, purely private use of patterns, designs, templates, or other templates. Distribution to third parties, the creation of copies, and commercial use are prohibited.
7.4 All services provided by Mamsell Su, including parts of these services, such as patterns, designs, templates, or other templates, as well as suggestions, ideas, preliminary drafts, concepts, and the like, remain the property of Mamsell Su. The customer acquires a right to non-exclusive, non-commercial, purely private use for the agreed purpose only upon full payment of the agreed fee.
7.5 The sale of rag dolls made from Mamsell Su’s patterns is permitted. To ensure fair treatment of my designs, some special terms and conditions apply to the sale of rag dolls made from my patterns.
8. Retention of title and default of payment
8.1 All services provided by Mamsell Su remain the property of Mamsell Su until the agreed fee has been paid in full.
8.2 In the event of default by the customer, statutory default interest shall apply. Furthermore, in the event of default, the customer agrees to reimburse Mamsell Su for any reminder and collection fees incurred, insofar as they are necessary for appropriate legal action. This includes, in any case, the costs of two reminder letters of at least EUR 20.00 each, as well as one reminder letter from a lawyer commissioned with the collection.
8.3 In the event of default by the customer, Mamsell Su may immediately demand payment of all services and partial services rendered under other contracts concluded with the customer. Furthermore, Mamsell Su is not obligated to provide any further services until the outstanding amount has been paid (right of retention). The customer’s obligation to pay remains unaffected.
8.4 If payment by installments has been agreed, Mamsell Su reserves the right to demand immediate payment of the entire outstanding debt in the event of non-payment of partial amounts or ancillary claims within the agreed timeframe (default).
8.5 The customer is not entitled to offset his own claims against claims of Mamsell Su, unless the customer’s claim has been acknowledged in writing by Mamsell Su or has been legally established.
9. Data protection and marketing
9.1 The customer agrees that his personal data, in particular name/company, profession, date of birth, company registration number, powers of representation, contact person, business address and other addresses of the customer, telephone number, fax number, e-mail address, bank details, credit card details, VAT number will be processed for the purpose of fulfilling the contract.
9.2 The customer agrees that his or her personal data may be processed by Mamsell Su for support and advertising purposes. The customer also agrees to receive electronic mail for advertising purposes. The customer may revoke this consent at any time in writing by email, fax, or letter to Mamsell Su.
10. OS platform
10.1 Consumers have the opportunity to submit complaints to the EU online dispute resolution platform: https://ec.europa.eu/odr.
10.2 You can also submit your complaint to the following email address: hello@mamsellsu.com
11. Applicable law, place of performance and jurisdiction
11.1 The contract and all mutual rights and obligations as well as claims arising therefrom between Mamsell Su and the customer are subject to Austrian law, excluding its conflict of law provisions and excluding the UN Convention on Contracts for the International Sale of Goods.
11.2 The place of performance is the registered office of Mamsell Su. In the case of shipment, the risk shall pass to the customer as soon as Mamsell Su has handed over the goods to the carrier of its choice.
11.3 The place of jurisdiction for all legal disputes arising between Mamsell Su and the customer in connection with this contractual relationship shall be exclusively the court with jurisdiction for the registered office of Mamsell Su.
12. Miscellaneous
12.1 Declarations by Mamsell Su must be in writing to be legally effective. Oral declarations are only binding if subsequently confirmed in writing.
12.2 Should individual provisions of these Terms and Conditions be or become void, contestable, or otherwise ineffective, this shall not affect the validity of the Terms and Conditions and the remaining provisions. The invalid provision shall be replaced by a valid provision that most closely approximates the economic content and purpose of the invalid provision. This also applies to filling gaps by way of supplementary contract interpretation.
Last updated on March 18, 2025