Terms of service
Table of Contents
1) Scope
2) Conclusion of the Contract
3) Right of Withdrawal
4) Prices and Payment Conditions
5) Delivery and Shipping Conditions
6) Reservation of Proprietary Rights
7) Warranty (Guarantee) for Defects
8) Special Conditions for Processing Goods According to Certain Specifications of the Customer
9) Redemption of Gift Vouchers
10) Applicable Law
11) Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Kurt Glatt, trading as "Messerschmiede Glatt" (hereinafter referred to as the "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as the "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers unless otherwise stipulated.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally responsible partnership that, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
2) Conclusion of the Contract**
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. To do this, the Customer, after placing the selected goods in the virtual shopping cart and going through the electronic order process, clicks on the button concluding the order process, thereby submitting a legally binding contractual offer regarding the goods in the shopping cart. Furthermore, the Customer can also submit the offer to the Seller by e-mail.
2.3 The Seller can accept the Customer's offer within five days,
by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer is authoritative, or
by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is authoritative, or
by requesting the Customer to pay after submitting their order.
If several of the aforementioned alternatives exist, the contract is concluded when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal User Agreement, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal, the Seller hereby declares its acceptance of the Customer's offer at the time when the Customer clicks the button concluding the order process.
2.5 Before bindingly submitting the order using the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct their input during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the order process.
2.6 German and English are available for the conclusion of the contract.
2.7 Order processing and contacting are usually carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct, so that e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure that, if necessary, the spam filter used by them allows for the delivery of e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address, at the time of the conclusion of the contract, is outside the European Union.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices. Value-added tax is not shown, as the Seller is a small business owner within the meaning of the Value Added Tax Act. Any additional delivery and shipping costs that may apply are separately stated in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the Seller is not responsible for and which are to be borne by the Customer. These include, for example, costs for transferring money by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment options available to the Customer will be communicated to the Customer in the Seller's online shop.
4.4 When choosing a payment method offered by "Shopify Payments," payment processing is carried out through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, and the Customer may be separately informed of these. Further information on "Shopify Payments" can be found on the internet at https://www.shopify.com/legal/terms-payments-de.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, the delivery will take place within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the Seller's order processing is authoritative. Deviating from this, when selecting the PayPal payment method, the delivery address stored by the Customer at the time of payment with PayPal is authoritative.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the shipping costs if the Customer effectively exercises their right of withdrawal. For the return costs, a different provision applies if the Customer exercises their statutory right of withdrawal, as set out in the Seller's cancellation policy.
5.3 If the Customer is acting as a business, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise assigned to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only when the goods are handed over to the Customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as a consumer as soon as the Seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise assigned to carry out the shipment if the Customer has commissioned the freight forwarder, the carrier, or the person or institution otherwise assigned to carry out the shipment and the Seller has not previously designated this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-delivery and has concluded a specific cover transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
5.6 Gift vouchers are provided to the Customer as follows:
- by download
- by e-mail
6) Reservation of Proprietary Rights
If the Seller provides advance deliveries, it reserves ownership of the delivered goods until full payment of the purchase price owed has been received.
7) Warranty (Guarantee) for Defects
7.1 Unless otherwise stipulated below, the statutory provisions regarding liability for defects shall apply. In deviation thereof:
7.2 If the Customer is acting as a business,
- the Seller has the choice of the type of supplementary performance;
- the limitation period for defects for new goods is one year from the date of delivery of the goods;
- rights and claims for defects in used goods are excluded;
- the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.
7.3 The above limitations and shortened limitation periods do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- in the event of Seller's fraudulent concealment of the defect,
- for goods that have been used for a building in accordance with their normal use instructions and have caused its defectiveness,
- in the event of the Seller's existing obligation to provide updates for digital products within the scope of liability for defects, in the case of contracts for the delivery of goods with digital elements.
7.4 Moreover, for entrepreneurs, the statutory limitation periods for recourse claims pursuant to § 478 of the German Civil Code (B
GB) remain unaffected.
7.5 If the Customer is a businessperson and follows a proper commercial inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB), the Seller's liability for defects is limited to the Customer's right to subsequent performance according to the statutory provisions. If the Customer is a businessperson and does not follow the proper commercial inspection and notification of defects pursuant to § 377 HGB, the Seller's liability for defects is excluded.
7.6 The Customer is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the Seller of this. If the Customer does not comply with this, it has no effect on the Customer's statutory or contractual claims for defects.
8) Special Conditions for Processing Goods According to Certain Specifications of the Customer
8.1 The Customer may select goods according to certain specifications from the Seller's product range. The Customer is responsible for ensuring that the content they provide, such as images, text, and other files, does not infringe the rights of third parties (e.g., copyrights, trademark rights, and personal rights). The Customer indemnifies the Seller from any claims by third parties that may arise from an infringement of their rights by the Seller in connection with the execution of the Customer's order. The Customer is also responsible for ensuring that any content provided by them does not violate applicable laws or regulations.
8.2 The Seller reserves the right to reject orders for goods that contain content that violates legal or regulatory provisions or the rights of third parties.
8.3 The Customer grants the Seller the non-exclusive right to use the content provided by the Customer for the purpose of fulfilling the order. This includes, in particular, the right to reproduce, distribute, and make publicly available. The Seller is not obligated to review the content provided by the Customer for possible legal violations. However, the Seller reserves the right to reject orders or discontinue the processing of orders if there is concrete evidence of a violation of legal provisions or third-party rights.
9) Redemption of Gift Vouchers
9.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop unless otherwise stated in the voucher.
9.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year following the year of purchase of the Gift Voucher. Remaining balances will be credited to the Customer's voucher account until the expiry date.
9.3 Gift Vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.
9.4 Only one Gift Voucher can be redeemed per order.
9.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of additional Gift Vouchers.
9.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.
9.7 The balance of a Gift Voucher is neither paid out in cash nor is interest paid on it.
9.8 The Gift Voucher is transferable. The Seller can make payment with discharging effect to the respective holder who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity, or the lack of the representative authority of the respective holder.
10) Applicable Law
10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
10.2 Furthermore, this choice of law regarding the right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Please note that this is a translated version of the German text wich you can find here https://glattknives.com/de/policies/terms-of-service