General Terms and Conditions
1. Scope of Application
The following General Terms and Conditions apply to all orders made through our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly not be attributed to either their commercial or independent professional activity. An entrepreneur is a natural or legal person or a legally competent partnership that acts in the course of its commercial or independent professional activity when entering into a legal transaction.
With respect to entrepreneurs, the following applies: If the entrepreneur uses opposing or supplementary General Terms and Conditions, their validity is hereby contradicted; they shall only become a part of the contract if we have expressly agreed to them.
2. Contractual Partner, Conclusion of Contract, Correction Options
The purchase contract is concluded with Simon Neuhaus - cut 'n etch Design.
By listing the products in the online shop, we make a binding offer to conclude a contract on these items. You can initially place the products in the shopping cart without obligation and correct your inputs before submitting your binding order by using the correction aids provided for this purpose and explained in the ordering process. The contract is concluded by clicking the order button and accepting the offer for the goods contained in the shopping cart. Immediately after submitting the order, you will receive another confirmation by email.
3. Contractual Language, Storage of Contract Text
The language(s) available for the conclusion of the contract: German, English
We store the contract text and send you the order data and our GTC in text form. You can view the contract text in our customer login.
4. Delivery Conditions
In addition to the stated product prices, shipping costs may apply. Further details on any shipping costs incurred can be found in the offers.
We only deliver by shipping. Unfortunately, self-collection of the goods is not possible.
We do not deliver to parcel stations.
5. Payment
The following payment methods are generally available in our shop:
Credit Card
During the order process, you will provide your credit card information. Your card will be charged immediately after the order is placed.
PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login information and confirm the payment instructions. The payment transaction will be carried out by PayPal immediately after the order is placed. Further information will be provided in the ordering process.
Sofort by Klarna
To pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany (“Sofort”), you must have a valid bank account that is capable of instant transfer and confirm the payment instructions. The payment transaction will be carried out by Sofort immediately after the order is placed. Further information will be provided in the ordering process.
Google Pay
In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have the Google Pay function enabled, authenticate with your login details, and confirm the payment instruction. The payment transaction will be carried out immediately after the order is placed. Further information will be provided during the ordering process.
Apple Pay
UTo pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, have the Apple Pay function enabled, authenticate with your login details, and confirm the payment instruction. The payment transaction will be carried out immediately after the order is placed. Further information will be provided during the ordering process.
giropay / paydirekt
In collaboration with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M (“giropay” or “paydirekt”), we offer the payment methods giropay and paydirekt.
giropay
In order to pay the invoice amount via giropay, you must have a bank account activated for online banking, authenticate appropriately, and confirm the payment instruction. Your account will be charged immediately after the order is placed. Further information will be provided during the ordering process.
paydirekt
In order to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, authenticate with your login details, and confirm the payment instruction. The payment transaction will be carried out immediately after the order is placed. Further information will be provided during the ordering process.
Amazon Pay
In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg (“Amazon”), you must be registered with Amazon, authenticate with your login details, and confirm the payment instruction. The payment transaction will be carried out within one banking day after the order is placed. A banking day is any working day excluding Saturdays, national public holidays, and December 24th and 31st of each year. Further information will be provided during the ordering process.
Klarna
In collaboration with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer you the following payment options. Payment via Klarna is only available for consumers. Unless otherwise regulated, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found in the respective payment option and in the ordering process.
Purchase on invoice via Klarna
The invoice amount is due 14 days after shipment of the goods and receipt of the invoice.
Installment purchase via Klarna
You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum rate is 6.95 euros.
Klarna credit card
In the ordering process, you provide your credit card details. Your card will be charged by Klarna immediately after placing the order. No address and credit check is carried out.
Klarna direct debit
You grant Klarna a SEPA direct debit mandate. Klarna will inform you of the date of the account debit (so-called pre-notification). The account debit will be made after shipment of the goods.
6. Right of withdrawal
You have the legal right of withdrawal as described in the revocation instruction.
7. Retention of title
The goods remain our property until fully paid.
For entrepreneurs, the following applies additionally: We retain ownership of the goods until full settlement of all claims arising from the ongoing business relationship. You are authorized to resell the reserved goods in the ordinary course of business; all claims arising from this resale will be assigned to us in advance in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect the claims ourselves if you do not meet your payment obligations. We will release the securities that we are entitled to, at your request, to the extent that the realizable value of the securities exceeds the value of the open claims by more than 10%.
8. Transport damages
For consumers: If goods are delivered with obvious transport damages, please report such errors as soon as possible to the delivery person and please immediately contact us. Failure to make a complaint or contact us does not have any consequences for your legal claims and their enforcement, in particular your warranty rights. However, it helps us to assert our own claims against the freight forwarder or the transport insurance.
9. Warranty and Guarantees
9.1 Liability for Defects
Unless otherwise explicitly agreed, the statutory liability for defects shall apply.
The following restrictions and shortening of deadlines do not apply to claims for damages caused by us, our legal representatives or agents:
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty
- in case of breach of essential contractual obligations, the performance of which is essential for the proper execution of the contract and which the contracting party may regularly rely on (cardinal obligations)
- within the scope of a warranty promise, if agreed, or if the scope of the Product Liability Act is opened.
Restrictions against entrepreneurs
Against entrepreneurs, our own statements and the product descriptions of the manufacturer that have been included in the contract are only considered as agreements on the quality of the goods; we are not liable for public statements by the manufacturer or other advertising statements. For entrepreneurs, the statute of limitations for claims for defects in newly manufactured goods is one year from the passing of risk.
The statutory limitation periods for the right of recourse according to § 445a of the German Civil Code (BGB) remain unaffected.
Regulations for merchants
Among merchants, the duty to examine and to notify defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to make the notification specified there, the goods shall be deemed approved, unless it is a defect that was not recognizable during the examination. This does not apply if we have concealed a defect fraudulently.
9.2 Guarantees and customer service
Information about any additional warranties that may apply and their exact conditions can be found on the product and on special information pages in the online shop.
10. Liability
We are always liable without restriction for claims due to damages caused by us, our legal representatives or agents. This includes damages caused by:
- violation of life, body or health,
- intentional or grossly negligent breach of duty,
- guarantees given, if agreed upon, or if the scope of application of the Product Liability Act is opened.
In case of a breach of essential contractual obligations, whose fulfillment is a precondition for the proper performance of the contract and whose compliance the contracting party can regularly trust, by slight negligence on our part, our legal representatives or agents, the liability is limited to the foreseeable damage that must typically be expected at the time of conclusion of the contract.
Otherwise, claims for damages are excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
12. Final Provisions
If you are a business, German law applies, excluding the UN Sales Law.
AGB created with the Trusted Shops Rechtstexter in cooperation with FÖHLISCH Rechtsanwälte.Translation by ChatGPT