General terms and conditions and customer information

I. General Terms and Conditions Disclaimer:: By accepting our general terms and conditions and purchasing one of our products (knives or similar), you agree to handle them properly. We accept NO liability for damage or injury caused by improper use, negligence or personal negligence. Any injuries resulting from the use of our products, including knives, are not our responsibility. It is the customer’s responsibility to use our products responsibly and in accordance with applicable laws. OUR KNIVES ARE SUPPLIED SHARP FROM THE FACTORY, SO ALWAYS HANDLE THEM WITH CARE. KNIVES ARE NOT TOYS, WE ARE NOT LIABLE FOR ANY INJURIES YOU CAUSE TO YOURSELF. § 1 Basic provisions (1) The following terms and conditions apply to contracts that you conclude with us as a supplier (Dirk Hofmeister) via the midgards-messer-shop.com website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted. (2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity. § (1) The subject matter of the contract is the sale of goods including digital content (data created and provided in digital form) and/or the provision of repair services. We sell the goods partially or exclusively as a commission agent in our own name for the account of a third party, i.e. for a third party as the owner of the goods. Irrespective of this, we are the contractual partner with all rights and obligations. Our offers on the Internet are non-binding and not a binding offer to conclude a contract. (2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods and/or repair services intended for purchase are stored in the “shopping cart”. You can call up the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After clicking on the “Checkout” or “Continue to order” button (or similar) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview. Before sending the order, you have the option of checking the details in the order overview again, changing them (also via the “back” function of the Internet browser) or canceling the order.
By sending the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “order with obligation to pay” or similar designation), you submit a binding offer to us.

You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract. (3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation). If you have not received a corresponding message, you are no longer bound by your order. In this case, any services already rendered will be refunded immediately. (4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters. § 3 Returning products (1) For T-shirts and polo shirts:
The costs for returning products that you do not like are borne by the customer. Please note that we cannot cover the return costs unless the product is faulty or damaged. (2) For handmade knives:
Handmade knives cannot be returned. § 4 License of use for digital content (1) The digital content offered is protected by copyright. You will receive a license of use from the respective licensor for each digital content purchased from us. The type and scope of the license of use are set out in the license terms specified in the respective offer. § (1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed. (2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this connection. (3) We do not check the transmitted data for correctness of content and in this respect accept no liability for errors. § (1) Insofar as repair services are the subject matter of the contract, we owe the repair work resulting from the service description. We shall perform this work to the best of our knowledge and belief, either personally or through third parties. (2) You are obliged to cooperate, in particular you must describe the existing defect on the device as comprehensively as possible and make the defective device available. (3) You shall bear the costs of sending the defective device to us.

(4) Unless otherwise stated in the respective offer, the repair, including dispatch of the device, will be carried out within 5 – 7 days after receipt of the device to be repaired (in the case of agreed advance payment, however, only after the time of your payment instruction). (5) If you make use of your right of termination in accordance with § 648 p. 1 BGB, we may demand 10% of the agreed remuneration as a lump sum if performance has not yet begun. However, if the statutory right of revocation exists, this shall only apply if you only exercise your right of termination after the expiry of the revocation period. You reserve the right to prove that we have actually incurred no or significantly lower costs. § 7 Special agreements on payment methods offered (1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout”, payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via “PayPal” are displayed to you under a correspondingly labeled button on our website and in the online ordering process. PayPal” may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. You can find more information about “PayPal” at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full). § 8 Right of retention, retention of title (1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship. (2) The goods shall remain our property until the purchase price has been paid in full. (3) If you are an entrepreneur, the following shall apply in addition: a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted. b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves. c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released. § 9 Warranty (1) The statutory warranty rights shall apply.

(2) Insofar as you are informed by us before submitting the contractual declaration and this has been expressly and separately agreed, claims for defects are excluded for used goods if the defect only becomes apparent after the expiry of one year from delivery of the goods. If the defect becomes apparent within one year of delivery of the goods, claims for defects may be asserted within the statutory limitation period of two years from delivery of the goods. The above restriction does not apply: – to culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or through gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.
(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims. (4) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties. (5) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions: a) Only our own information and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer. b) In the event of defects, we shall provide warranty at our discretion by rectification or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be required to bear the increased costs arising from the transportation of the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods. c) The warranty period is one year from delivery of the goods. The shortened period does not apply: – for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
– for statutory recourse claims that you have against us in connection with warranty rights. § Section 10 Choice of law (1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply. § 11 Protection of minors (1) When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
Existing age restrictions are indicated in the respective item description. (2) By submitting your order, you confirm that you have reached the legally required minimum age and that the information you have provided regarding your name and address is correct. You are obliged to ensure that only you yourself or persons authorized by you to accept the delivery who have reached the legally prescribed minimum age receive the goods. (3) Insofar as we are obliged by law to carry out an age check, we will instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age and, in case of doubt, to have the identity card of the person receiving the goods presented for age verification. (4) Insofar as we indicate in the respective item description that you must be 18 years of age or older to purchase the goods beyond the legally prescribed minimum age, the above paragraphs 1-3 shall apply with the proviso that you must be of legal age instead of the legally prescribed minimum age.

II Customer information 1. identity of the seller Midgards-Messer GmbH
Obere Gießwiesen 18
78247 Hilzingen – Binningen
Germany
Phone: 015227510870
E-Mail: Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr). 2. information on the conclusion of the contract The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I.). 3 Contract language, contract text storage 3.1 The contract language is German. 3.2 We do not store the complete text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser’s print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail. 4. essential characteristics of the goods or services The essential characteristics of the goods and/or services can be found in the respective offer. 5 Prices and terms of payment 5.1 The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes. 5.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless delivery free of shipping costs has been promised. 5.3 The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer. 5.4 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately. 6.1 The delivery conditions, the delivery date and any existing delivery restrictions as well as the conditions for the provision of digital content can be found under a correspondingly designated button on our website or in the respective offer. 6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured.

This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment. If you are an entrepreneur, delivery and shipment shall be at your risk. 7 Statutory liability for defects Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I). 8. termination 8.1 Information on the termination of the contract and the terms of termination can be found in the regulations on “Repair services” in our General Terms and Conditions (Part I) and in the respective offer. These General Terms and Conditions and customer information were drawn up by the lawyers of Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service). last update: 02.10.2024