General Terms and Conditions
The Shape-Line Group GmbH
- Scope of Application
- Offers and Service Descriptions
- Ordering Process and Conclusion of Contract
- Prices and Shipping Costs
- Delivery, Availability of Goods
- Payment Methods
- Retention of Title
- Customer Account
- Warranty for Material Defects and Guarantee
- Liability
- Storage of the Contract Text
- Right of Withdrawal
- Final Provisions
- Scope of Application
1.1 The following General Terms and Conditions in their version valid at the time of the order shall apply exclusively to the business relationship between The Shape-Line Group GmbH (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer").
1.2 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3 Deviating terms and conditions of the Customer are not recognized, unless the Seller expressly agrees to their validity.
- Offers and Service Descriptions
2.1 The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs as well as on the Seller's websites do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last", unless otherwise noted with the products. Errors are otherwise reserved.
- Ordering Process and Conclusion of Contract
3.1 The Customer can non-bindingly select products from the Seller's assortment and collect them in a so-called shopping cart using the "add to cart" button. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the Customer can proceed to complete the ordering process within the shopping cart via the "Proceed to checkout" button.
3.2 By clicking the "order with obligation to pay" button, the Customer submits a binding application for the purchase of the goods in the shopping cart. Before submitting the order, the Customer can change and view the data at any time and, using the browser's "back" function, return to the shopping cart or cancel the ordering process entirely. Required information is marked with an asterisk (*).
3.3 The Seller will then send the Customer an automatic acknowledgment of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function (order confirmation). The automatic acknowledgment of receipt merely documents that the Customer's order has been received by the Seller and does not constitute acceptance of the application. The purchase contract is only concluded when the Seller ships the ordered product to the Customer within 2 days. Acceptance can also take place through a payment request sent by the Seller to the Customer and, at the latest, through the completion of the payment process. In the event of multiple acceptance processes, the earliest acceptance time is decisive. If the Seller does not accept the Customer's offer within the acceptance period, no contract is concluded, and the Customer is no longer bound by their offer.
3.4 In the case of corporate customers, the aforementioned period for shipping, handover or order confirmation is seven days instead of two.
3.5 If the Seller enables prepayment, the contract is concluded with the provision of bank details and the payment request. If payment is not received by the Seller despite due date, even after a renewed request, by 10 calendar days after sending the order confirmation, the Seller will withdraw from the contract, with the consequence that the order becomes void and the Seller is not obliged to deliver. The order is then settled for both buyer and seller without further consequences. An item reservation for prepayment is therefore made for a maximum of 10 calendar days.
- Prices and Shipping Costs
4.1 All prices stated on the Seller's website include the applicable statutory value-added tax.
4.2 In addition to the stated prices, the Seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
- Delivery, Availability of Goods
5.1 If prepayment is agreed, delivery will take place after receipt of the invoice amount.
5.2 Should the delivery of the goods fail due to the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments already made will be immediately reimbursed to the customer.
5.3 If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available, or if the customer does not wish to receive a comparable product, the seller will immediately refund any services already rendered to the customer.
5.4 Customers are informed about delivery times and delivery restrictions (e.g. restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
5.5 In the case of business customers, the risk of accidental loss and accidental deterioration of the goods passes to the buyers as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment; the stated delivery dates and deadlines, unless otherwise agreed, are not fixed dates.
5.6 The Seller shall not be responsible for delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Seller, even in the case of bindingly agreed deadlines and dates, for customers who are entrepreneurs. In this case, the Seller is entitled to postpone the delivery or performance by the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline also applies to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of a sub-supplier and for which neither the sub-supplier nor the Seller is responsible. During the duration of this hindrance, the customer is also released from his contractual obligations, in particular payment. If the delay is unreasonable for the customer, he can withdraw from the contract by written declaration after a reasonable period set by him or by mutual consultation with the Seller.
- Payment Methods
6.1 The Customer can choose from the available payment methods within and before completing the ordering process. Customers are informed about the available payment methods on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 14 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3 If third-party providers are commissioned with payment processing, e.g. PayPal, their General Terms and Conditions apply.
6.4 If the due date of the payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer has to pay the statutory default interest.
6.5 The customer's obligation to pay default interest does not exclude the assertion of further default damages by the seller.
6.6 The customer is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
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Retention of Title
The delivered goods remain the property of the Seller until full payment has been made.
For customers who are entrepreneurs, the following also applies: The Seller retains ownership of the goods until all claims arising from an ongoing business relationship have been settled in full; The Buyer is obliged to treat the purchased item with care as long as ownership has not yet passed to him. In particular, he is obliged to insure it adequately at his own expense against theft, fire and water damage at replacement value, if appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the Buyer must carry this out in good time at his own expense. The processing or transformation of the reserved goods by the Customer is always carried out for the Seller. If the reserved goods are processed with other items not belonging to the Seller, the Seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. For the item resulting from processing, the same applies as for the reserved goods. The Customer also assigns the claim to secure the claims against him that arise from the connection of the reserved goods with a property against a third party. Third-party access to the goods owned or co-owned by the Seller must be reported by the Customer immediately. Costs arising from such interventions for a third-party action or costs for an out-of-court release shall be borne by the Customer. The Customer is entitled to resell the reserved goods in the ordinary course of business. The Customer hereby assigns to the Seller in full, as security, the claims arising from the resale or other legal reason regarding the reserved goods (including all balance claims from current accounts). The Seller revocably authorizes the Customer to collect the claims assigned to the Seller for his account and in his own name. This collection authorization can be revoked if the Customer does not properly fulfill his payment obligations. The Seller undertakes to release the securities due to the Seller at the Customer's request if their total sales value exceeds the sum of all outstanding claims of the Seller from the business relationship by more than 10% (in the event of a realization risk by more than 50%). The selection of the securities to be released is incumbent on the Seller. With the settlement of all claims of the Seller from delivery transactions, ownership of the reserved goods and the assigned claims pass to the Buyer. The selection of the securities to be released is incumbent on the Seller. - Customer Account
8.1 The Seller provides customers with a customer account. Within the customer account, customers are provided with information about their orders and their customer data stored with the Seller. The information stored in the customer account is not public.
8.2 In order to place an order, customers must create a customer account. Guest orders are not possible.
8.3 Customers are obliged to provide truthful information in the customer account and to update the information to reflect changes in actual circumstances, insofar as this is necessary (e.g. a changed email address in the event of a change or a changed postal address before an order). Customers are responsible for any disadvantages that arise due to incorrect information.
8.4 The customer account may only be used in accordance with the applicable legal provisions, in particular the regulations for the protection of third-party rights, and in accordance with the Seller's GTC by means of the access masks and other technical access options provided by the Seller. Any other type of use, in particular through external software, such as bots or crawlers, is prohibited.
8.5 Insofar as customers store, provide or otherwise post content or information (hereinafter referred to as "content") within the customer account, the customers are responsible for this information. The Seller does not adopt the customers' content as its own. However, the Seller reserves the right to take appropriate measures depending on the degree of risk of infringement posed by the content, in particular the risk to third parties. Measures that take into account the criteria of necessity, appropriateness, diligence, objectivity, as well as reasonableness and the interests of all parties involved, in particular the fundamental rights of customers, may include the (partial) deletion of content, requests for action and declarations, warnings and reprimands, as well as house bans.
8.6 Customers can cancel the customer account at any time. The Seller can cancel the customer account at any time with a reasonable notice period, which is generally two weeks. The cancellation must be reasonable for the customer. The Seller reserves the right to cancel for extraordinary reasons.
8.7 From the time of cancellation, the customer account and the information stored in the customer account are no longer available to the customer. It is the customer's responsibility to back up their data when cancelling the customer account.
- Warranty for Material Defects and Guarantee
9.1 The warranty (liability for defects) is governed by statutory provisions, subject to the following regulations.
9.2 A guarantee exists for the goods delivered by the Seller only if it has been expressly given. Customers are informed about the guarantee conditions before initiating the ordering process.
9.3 If the customer is an entrepreneur, he must, without prejudice to statutory obligations to give notice of defects, inspect the goods immediately and notify the supplier in writing of discernible material defects immediately, at the latest within two weeks of delivery, and of non-discernible material defects immediately, at the latest within two weeks of discovery. Customary, permissible according to quality standards or minor deviations in quality, weight, size, thickness, width, equipment, pattern and color are not defects.
9.4 If the customer is an entrepreneur, the choice between rectification or replacement delivery of defective goods is made by the seller.
9.5 Claims for material defects, notwithstanding the liability provisions of these General Terms and Conditions, shall generally expire one year after the transfer of risk for customers who are entrepreneurs, unless mandatory longer periods are prescribed by law, in particular for special provisions regarding the entrepreneur's right of recourse. For used goods, the warranty for customers who are entrepreneurs is excluded.
9.6 If the customer, who is an entrepreneur, has incorporated the defective item within the meaning of Section 439 (3) of the German Civil Code (BGB) into another item or attached it to another item in accordance with its nature and intended use, the seller is not obligated, subject to an express agreement and without prejudice to other warranty obligations, to reimburse the customer for the necessary expenses for removing the defective item and installing or attaching the rectified or delivered defect-free item as part of subsequent performance. Accordingly, the seller is also not obligated to reimburse expenses for removing the defective item and installing or attaching the rectified or delivered defect-free item as part of a recourse by the customer within the supply chain (i.e., between the customer and its customers).
- Liability
10.1 Without prejudice to other statutory claim requirements, the following liability exclusions and limitations apply to the Seller's liability for damages.
10.2 The Seller shall be liable without limitation insofar as the cause of damage is based on intent or gross negligence.
10.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the contract's purpose, or for the breach of obligations whose fulfillment enables the proper execution of the contract in the first place and on whose observance the customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable, contract-typical damage. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
10.4 The foregoing limitations of liability do not apply to injury to life, limb and health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5 Insofar as the Seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
- Storage of the Contract Text
11.1 The Customer can print out the contract text before placing the order with the Seller by using the print function of their browser in the last step of the order.
11.2 The Seller will also send the Customer an order confirmation with all order data to the e-mail address provided by them. With the order confirmation, but at the latest upon delivery of the goods, the Customer will also receive a copy of the General Terms and Conditions, including the cancellation policy and information on shipping costs, as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. Furthermore, we store the contract text, but do not make it accessible on the Internet.
11.3 Customers who are entrepreneurs can receive the contract documents by email, in writing or by reference to an online source.
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Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us ([Insert: Name/Company, address, telephone number, and e-mail address. You can also use the shortcode for this and store the address in the settings.]) by means of a clear statement (e.g., a letter sent by post, or an e-mail) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will bear the direct costs of returning the goods.
You only have to pay for any diminished value of the goods if this diminished value is due to handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
- Final Provisions
13.1. If the buyer is an entrepreneur, unless otherwise agreed or stipulated by mandatory legal provisions, the place of performance is the seller's registered office, while the place of jurisdiction is at the seller's registered office if the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the buyer has no general place of jurisdiction in the seller's country of residence. The seller reserves the right to choose another permissible place of jurisdiction.
13.2 In the case of entrepreneurs, the law of the Republic of Austria applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods, as long as no mandatory legal provisions oppose this.
13.3. The contract language is German.
13.4. European Commission platform for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.