Conditions of Use

General terms and conditions with customer information

contents
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Special conditions for the processing of goods according to certain specifications of the customer
10. Special conditions for repair services
11. Redemption of promotional vouchers
12. Applicable law
13. Place of jurisdiction
14. Alternative dispute resolution

1) Scope

1.1 These general terms and conditions (hereinafter "GTC") of Cut Expert GmbH (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the seller in his online shop. We hereby object to the inclusion of the customer's own terms, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal entity
Partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but are for delivery
a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer enters the order by clicking the button that concludes the ordering process
legally binding contractual offer in relation to the goods contained in the basket. The customer can also submit the offer to the seller by telephone, fax, email, post or online contact form.

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 email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
- by asking the customer to pay after placing his order.

If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends on the end of the fifth day following the submission of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4 When a payment method offered by PayPal is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua / useragreement-full or - if the customer
does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal in the online ordering process, the seller declares to accept the customer's offer at the time when the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed by the customer via his
password-protected user account can be called up free of charge by specifying the corresponding login data.

2.6 Before the binding submission of the order via 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 detection of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 The German and English languages ​​are available for the conclusion of the contract.
 
2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address.
In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value added tax. Any additional delivery and shipping costs incurred are specified separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may arise which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer 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 option (s) will be communicated to the customer in the seller's online shop.

4.4 If prepayment has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.5 If the payment method invoice purchase is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 30 (thirty) days from receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the invoice purchase payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case the
Sellers point out a corresponding payment restriction to the customer in their payment information in the online shop. The seller also reserves the right to carry out a credit check when selecting the payment method invoice purchase and
to reject this payment method in the event of a negative credit check.

4.6 If the payment method "PayPal invoice" is selected, the seller transfers his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the payment method "PayPal invoice" to the customer in the event of a negative test result. If the payment method "PayPal invoice" is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, provided that
PayPal no other payment target is specified. In this case, he can only pay to PayPal with a debt-relieving effect. However, the seller remains responsible for general customer inquiries even in the event of assignment of claims. B. on the goods, delivery time, shipping, returns, complaints, revocations and
-sending or crediting. The general rules also apply
Terms of use for the purchase of PayPal on account, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.7 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for prior information has expired. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for
the advance information. Preliminary information ("Pre-Notification") is every message (e.g. invoice, policy, contract) from the seller to the customer that announces a debit by SEPA direct debit. If the direct debit is not redeemed due to insufficient account funds or due to the provision of an incorrect bank account or
If the customer objects to the debit, although he is not authorized to do so, the customer must bear the fees arising from the chargeback of the respective credit institution if he is responsible for this. The seller reserves the right to choose the
Payment method SEPA direct debit carry out a credit check and reject this payment method if the credit check is negative.

5) Delivery and shipping conditions

5.1 The delivery of goods takes place on the way to the delivery address provided by the customer, unless otherwise agreed.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller's cancellation policy.

5.3 If the customer acts as an entrepreneur, 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 responsible for carrying out the dispatch. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold does not pass until 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, even with consumers, is passed on to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the customer has delivered the freight forwarder, the
Carrier or the person or institution otherwise intended to carry out the shipment has been commissioned with the execution and the seller has not previously named 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 delivery. This only applies in the event that the non-delivery is not the responsibility of the seller and the latter, with due care, concludes a specific cover transaction with the supplier
Has. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 Pick-up is not possible for logistical reasons.

6) Retention of title

6.1 In relation to consumers, the seller reserves ownership of the delivered goods until the purchase price owed has been paid in full.

6.2 In relation to entrepreneurs, the seller reserves ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.

6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. All resulting claims against third parties arise in the amount of the respective
Invoice value (including sales tax) in advance to the seller. This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer also remains to collect the claims
authorized the assignment. The seller's authority to collect the claims itself remains unaffected. However, the seller will not collect the receivables as long as the customer fulfills his payment obligations to the seller, does not fall into arrears and there is no application to open insolvency proceedings.

7) Liability for defects (warranty)

If the purchased item is defective, the provisions of the statutory liability for defects apply.

Deviating from this applies:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- the rights and claims due to defects are generally excluded for used goods;
- The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 If the customer acts as a consumer, the following applies to used goods with the restriction of the following section: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period.

7.3 The limitations of liability and the shortening of the deadlines set out in the previous paragraphs do not apply
- for items that have been used for a building in accordance with their normal use and have caused its deficiency,
- for claims for damages and reimbursement of expenses of the customer, as well as
- in the event that the seller has maliciously concealed the defect.

7.4 In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected.

7.5 If the customer acts as a merchant i.S.d. § 1 HGB, the commercial inspection and notification obligation applies to him according to § 377 HGB. If the customer fails to comply with the notification requirements regulated there, the goods are considered approved.

7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect
Effects on his legal or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The seller is fully liable for any legal reason
- in the event of intent or gross negligence,
- in the event of willful or negligent injury to life, limb or health,
- based on a promise to guarantee, unless otherwise regulated in this regard,
- due to mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently violates an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless there is unlimited liability in accordance with the above paragraph. Essential contractual obligations are obligations that the contract, according to its content, to achieve in order to achieve the
Imposed for the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer can regularly rely.

8.3 For the rest, liability of the seller is excluded.

8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to certain specifications of the customer

9.1 If, according to the content of the contract, the seller also owes the processing of the goods in accordance with certain specifications of the customer in addition to the delivery of goods, the customer has all the content required for processing, such as text, images or
To provide graphics in the file formats, formats, image and file sizes specified by the seller and to grant him the necessary usage rights. For the procurement and acquisition of rights to this content is alone
the customer responsible. The customer declares and assumes responsibility for the right to use the content provided to the seller. In particular, he ensures that no third-party rights are infringed, in particular copyrights, trademarks and personal rights.

9.2 The customer releases the seller from third-party claims, which they can assert in connection with a violation of their rights by the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary
Legal defense including all legal and legal fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. The customer is obliged to the seller in case of claims by third parties
to provide promptly, truthfully and completely all information necessary for the examination of the claims and a defense.

9.3 The seller reserves the right to reject processing orders if the content provided for this by the customer violates legal or official prohibitions or is contrary to common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and / or violence-glorifying content.

10) Special conditions for repair services

If, according to the content of the contract, the seller is obliged to repair a customer's item, the following applies:

10.1 Repair services are provided at the seller's registered office.

10.2 The seller provides his services either at his own discretion or through qualified personnel selected by him. The seller can also use the services of third parties (subcontractors) who work on his behalf.
Unless otherwise stated in the seller's service description, the customer is not entitled to select a specific person to perform the desired service.

10.3 The customer must provide the seller with all the information necessary for the repair of the item, provided that the procurement does not fall within the seller's area of ​​responsibility according to the content of the contract. In particular, the customer
to provide the seller with a comprehensive description of the fault and to inform him of all the circumstances that may be the cause of the fault found.

10.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller's registered office at his own expense and risk. The seller recommends that the customer take out transport insurance. Furthermore, the seller recommends to the customer that the item be in a suitable
Send shipping packaging to reduce the risk of shipping damage and hide the contents of the packaging. The seller will immediately inform the customer of any obvious transport damage so that the customer
can assert existing rights against the carrier.

10.5 The goods are returned at the customer's expense. The risk of accidental loss and accidental deterioration of the item passes to the customer when the item is handed over to a suitable transport person at the seller's place of business. At the request of the customer, the seller will take out transport insurance for the matter.

10.6 The aforementioned regulations do not limit the customer's statutory rights to defects in the event of purchase of goods from the seller.

10.7 The seller is liable for defects in the repair service provided in accordance with the statutory liability for defects.

11) Redemption of promotional vouchers

11.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.

11.2 Individual products can be excluded from the voucher campaign if there is a corresponding restriction in the content of the campaign voucher.

11.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

11.4 Only one campaign voucher can be redeemed per order.

11.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

11.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.

11.7 The credit of a promotional voucher is neither paid out in cash nor interest.

11.8 The promotional voucher will not be reimbursed if the customer returns all or part of the goods paid for with the promotional voucher within the scope of his statutory right of withdrawal.

11.9 The promotional voucher is only intended for use by the person named on it. A transfer of the campaign voucher to third parties is excluded. The seller is entitled, but not obliged, to the material Check the eligibility of the respective voucher holder.

12) Applicable law For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws governing the international sale of goods
Were. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.

13) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract of professional or commercial activity
can be attributed to the customer. In the above cases, however, the seller is entitled to appeal to the court at the customer's registered office.

14) Alternative dispute resolution

14.1 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 point of contact for out-of-court settlement of disputes arising from online sales or service contracts, in which a consumer is involved.

14.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

 

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