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 fault. Any injuries resulting from the use of our products, including knives, are not attributable to us. It is the customer’s responsibility to use our products responsibly and in accordance with the 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 INFLICT ON YOURSELF.
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which 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.
§ 2 Formation of the contract
(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 submitting 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 submitting 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 transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. 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 Return of products
(1) For T-shirts and polo shirts:
The cost of returning products that you do not like will be 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 are excluded from return.
§ 4 License of use for digital content
(1) The digital content offered is protected by copyright. You will receive a usage license 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.
§ 5 Individually designed goods
(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 the legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and in this respect accept no liability for errors.
§ 6 Provision of services for repairs
(1) Insofar as repair services are the subject matter of the contract, we shall owe the repair work resulting from the service description. We provide these services 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 in the device as comprehensively as possible and make the defective device available.
(3) You shall bear the costs for sending the defective device to us.
(4) Unless otherwise stated in the respective offer, the repair, including dispatch of the device, shall 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 you have a statutory right of withdrawal, this only applies if you only exercise your right of termination after the withdrawal period has expired. 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.Ã .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 may only exercise a right of retention insofar as it concerns claims arising 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 also applies:
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 meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title 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 collateral to be released.
§ 9 Warranty
(1) The statutory liability for defects 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:
– 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 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 do not comply with this, this has no effect on your statutory warranty claims.
(4) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed 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) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications 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 repair or subsequent delivery. If the rectification of defects fails, you can demand a reduction in price or withdraw from the contract at your discretion. 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 have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the move does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortened deadline 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.
§ 10 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law only applies insofar as the protection granted 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 shall expressly not apply.
§ 11 Protection of minors
(1) When selling goods that are subject to the provisions of the German 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 your name and address details are 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 take delivery of the goods.
(3) If we are obliged by law to carry out an age check, we shall 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 over 18 years of age 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.
§ 11 Redemption of vouchers
(1) Vouchers can only be used on regularly priced goods. Redemption on reduced items, sale products or special promotions is expressly excluded.
(2) Only one voucher can be redeemed per order, unless otherwise stated.
(3) Subsequent crediting of a voucher to orders that have already been completed is not possible.
(4) Vouchers are non-refundable and cannot be combined with other discounts or promotions, unless this is expressly stated.
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 (ODR 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. 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 or saved electronically using the browser’s print function. After we have received your 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 listed 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 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 in addition, unless free delivery 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 in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6 Delivery conditions, provision
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 labeled 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, 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 are 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 provisions 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 created by the lawyers of the 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
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