General Terms and Conditions of
TYPEMYKNIFE® Claus Ermlich & Thomas K. Raschke GbR for the sale of goods on www.typemyknife.com
- 1 General and scope of the terms and conditions
1 These General Terms and Conditions (hereinafter: GTC) in the version currently valid on the order date, apply to the purchase of all products and goods offered by TYPEMYKNIFE® Claus Ermlich & Thomas Raschke GbR, Allestraße 2, D-73525 Schwäbisch Gmünd, Germany, through its webshop www.typemyknife.com.
- You can reach our customer service under firstname.lastname@example.org or on weekdays from 09.00 – 12:00 under (0049) 7171 941 645 14.
- These terms and conditions apply exclusively. Deviating terms and conditions are expressly contradicted.
- Special terms and conditions, if expressly written and confirmed by TYPEMYKNIFE®, are not affected.
- For translation of the GTC into other languages than the German language the following hints are valid
The translations of the GTC serve exclusively the information for the customer outside of the German language area. They make no claim to completeness and meaningfulness of the translation.
The language available for the conclusion of the contract is exclusively German. A legal obligation from the translated GTC texts is not to be derived. The German version of the General Terms and Conditions shall apply exclusively. The place of jurisdiction is Schwäbisch Gmünd/Germany.
- 2. Order data, contract language, delivery and sales area.
- Registration is not necessary to place orders with us. It is mandatory to provide the order data during the ordering process. No customer account will be created for later retrieval. The creation of a customer account is primarily possible and gives you access to your already placed orders and uploaded data for the individualization of your knife.
- Contract language is exclusively the German language. Order transactions and purchase contract conclusions can only be made in German. Other languages are offered for easier order processing. The instructions in § 1. 5. apply to languages other than German.
- We supply customers in Europe and worldwide, provided that the relevant customs and import regulations of the destination country allow it. The buyer in the country of destination is responsible for customs clearance of the goods. The company TYPEMYKNIFE® Claus Ermlich & Thomas K. Raschke GbR do not assume any liability for the rejection of customs when importing the goods in the respective destination of the buyer. The buyer has to follow the legal requirements of customs and the import regulations of his country regarding the typing motives. The costs for customs import and country-specific customs and import fees outside the EU (European Union) shall be borne by the buyer in the destination country.
- 3 Product selection and ordering process
- You have the possibility to inform yourself in the webshop www.typemyknife.com about the goods offered by us. The product description contains the essential characteristics and features that have been communicated by the manufacturer. The delivery time depends on the extent of your desired customization and can take up to 14 working days or more depending on the availability of the product in the webshop. Since many of our products come from small European manufactures, delivery delays may occur. Should this occur, you will be informed by us in time about the possible course of action. The respective price of each product without TYPEMYKNIFE® having made any changes to the product is in € including the applicable sales tax. For your individualization a price will be calculated, which is marked in the configurator including the respectively valid sales tax.
- To order a product, you have the option in the store to order the product without customization via the link “Add to cart” and “Proceed to checkout”. There you select your payment method and confirm after acceptance of the terms and conditions, data protection, your age rating, your order with “Buy now”.
In addition, you have the option in the configurator to customize your product by individualizing the blade surface by means of a graphic, text or your own logo, etc.. For this you can choose from design templates or upload your own logo, picture, text etc. as pixel file JPG, PNG (min. 1 MB) or as SVG (vector file) and display it directly on the blade for selection. Once you have done your typing of a blade side, press the back button. You can do the same for the other side of the blade. To insert your individualization into the further ordering process, press the “Order now” button. The shopping cart is available as an Add TO CARD icon. Your uploaded personal file that serves as a template for customization will be stored in our system for further processing (§3Abs.7). You will receive a file via the View FILE button, which you can save using your browser. In your customer account, if you have created one, you can also view the file again at any time. The price of the individualization is displayed per blade side in the configurator.
In addition, the total price per product (knife) including the customization per blade side is displayed cumulatively including the applicable tax rates (VAT) in the shopping cart. You confirm your selection with the button “ADD TO CARD”. In the shopping cart you can check your order again, correct it or remove it from the cart. With the button “Continue to checkout” you confirm your shopping cart. By clicking “Buy now” you place your order. At any time you have the possibility to check your order in the shopping cart and in the checkout, to view the design as a PDF file to save, as well as to change your order in the quantity or number.
- The company TYPEMYKNIFE® has the right, without exception, subject to review and approval of your design upload, text – to reject the desired typing of your order, even if you have previously received an automatic order confirmation provided:
– Racist and xenophobic motifs are desired.
– Motifs that are close to NS ideology, including NS symbols in the form of numbers, symbolism etc.
– Sexually discriminatory motifs and texts are used.
– Call for violence and glorification of violence is depicted.
– Texts and symbols hostile to human rights are to be used.
– Violation of third party rights or legal regulations.
TYPEMYKNIFE® looks at each motif received from the customer in the upload area and decides individually on the release on the basis of the terms and conditions. TYPEMYKNIFE® reserves the right to delete your data immediately if you do not comply with our terms and conditions. For the upload of any text / motif files is solely the customer, customer to be held accountable this applies in particular if the customer violates the rights of third parties. A legal claim for damages in case of order rejection of the reasons mentioned under §3.7 does not exist.
The client shall indemnify TYPEMYKNIFE® from all claims and demands which are asserted due to the infringement of third party rights, insofar as the client is responsible for the breach of duty. The client shall reimburse TYPEMYKNIFE ® for all resulting costs and other damages.
- Copyright design templates TYPEMYKNIFE®
TYPEMYKNIFE® retains unrestricted copyright for its designs stored in the designs and templates section of the gallery of the configurator, the drafts provided to the customer as proposals for typing and selection.
- 4 Conclusion of contract
- the products offered by TYPEMYKNIFE® are not always and unlimited available. In case of unavailability TYPEMYKNIFE® will contact you immediately. 2.
- by sending your order with your attachment of your motif (subject to verification according to §6 para.6, you make a binding offer to TYPEMYKNIFE® to conclude a purchase contract.
TYPEMYKNIFE® will then send the customer an order confirmation by e-mail and check the offer for its legal and factual feasibility, in particular for a possible violation of § 3 para.7. The order confirmation does not represent an acceptance of the offer, but is only intended to inform the customer that his order has been received by TYPEMYKNIFE®.
- we try to process your order immediately with a delivery time of up to 14 working days – in case of a requested typing after receipt of payment. Products without typing can be delivered within 14 working days within Germany, subject to availability. TYPEMYKNIFE® endeavors to deliver as quickly as possible, but reserves the right to a processing time of up to 21 or more days in the event of delivery bottlenecks, if the product Messer from the manufactory has delivery delays. Delivery dates and delivery periods are binding only if TYPEMYKNIFE® expressly confirmed as such in writing. If there is a delay due to late delivery from the manufacturer of the products, we will contact you immediately in writing. If products are not available, no contract will be concluded. If due to the chosen payment method a payment for the unavailable products has already been made, the amount will be refunded to the customer as soon as possible.
- the object of the fulfillment of the contract comes into effect only by our dispatch with another e-mail in which we announce the dispatch of your order.
- the contract text and especially the typing of the blade created by the customer, which you can see during the processing in the configurator, will not be saved in the configurator in the form shown if it is closed and can no longer be viewed at the end of the ordering process, unless you have created a customer account or have used the View Knife Designed button from the shopping cart or checkout to download the PDF file via your browser. A storage of your upload will only be saved until the time of editing, the edited motif will be saved in your customer account under SAVED KNIVES and if no customer account is created, only for the time of editing TYPEMYKNIFE® stored
- 5 Warranty
- all data of the products sold by TYPEMYKNIFE, technical data, product descriptions, product photos, videos etc. have purely informative character. TYPEMYKNIFE® does not guarantee the correctness of the information.
For the products of various manufacturers sold by us, the statutory warranty claims. 3.
3) TYPEMYKNIFE® will pay the postage costs for returns due to defects.
We would like to point out that the products offered by us, especially the handle of the knives made of various materials, is mainly a natural product such as olive, grenadilla, oak or other woods. This means that the products shown in the product images in the store or in the configurator do not correspond to the actual delivered products in structure and color.
- our products are not suitable for dishwashers. Natural materials for the handles in combination with the chemicals of the dishwasher can be destroyed. Always use clear water with little detergent for cleaning and dry your knives immediately after the cleaning process.
- the knife can be professionally resharpened at the cutting edge. In case of improper use of abrasives, TYPEMYKNIFE® does not assume any warranty for the lasered motif.
- we do not assume any warranty in case of improper use and cleaning of our products. Our care instructions apply, which will be sent to you with the shipment of the goods.
- as a private consumer you are entitled to the legal warranty regulations.
- if you are an entrepreneur, the following rules apply in case of warranty:
After receipt of the goods immediately check the integrity of the delivered products. Obvious defects must be reported in writing to TYPEMYKNIFE® within two weeks after receipt of the goods.
In case of defects discovered later, a written notice of defect must be submitted to TYPEMYKNIFE® within a period of two weeks after the defect became known. If the Buyer does not notify TYPEMYKNIFE® in writing of a defect, the delivered product shall be deemed to have been approved.
If there is a defect in the product delivered by TYPEMYKNIFE®, we shall provide warranty either in the form of rectification of the defect or replacement delivery.
The warranty period is one year from delivery of the goods to you. If the removal of defects fails twice, the customer is entitled to withdraw from the contract. Furthermore, we refer to § 445a, §437, BGB, limitation of recourse claims.
12 TYPEMYKNIFE® Claus Ermlich & Thomas Raschke GbR exclude any liability for life and limb in case of improper use of the products. This also includes the risk of injury due to improper opening of the transport and gift packaging, as well as any other improper use of the products. We expressly point out that the products are very sharp kitchen knives / kitchen tools, which can cause serious injury to life and limb if used improperly. The products distributed by TYPEMYKNIFE are to be used exclusively for work in the kitchen.
- 6 Right of withdrawal for consumers
Consumers are entitled to a right of revocation in accordance with the following provisions:
Right of withdrawal
- You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
- Exclusion of the right of withdrawal in case of typification, personalization of the ordered knife.
TYPEMYKNIFE® provides the customer with a configurator for individual, personal typing of his knife. The individualization of the knife at the request of the customer excludes the right of withdrawal, because it is an individual custom made according to your wishes.
- To exercise your right of withdrawal, you must contact us by mail at TYPEMYKNIFE® Claus Ermlich & Thomas K. Raschke GbR. Alléstraße 2, D-73525 Schwäbisch Gmünd – or via e-mail at: email@example.com by means of a clear declaration of your decision to revoke this contract. To do so, use the attached sample cancellation form, or your own formulation. To preserve your 14-day right of withdrawal, it is sufficient that you send the notice of exercise before the expiry of the withdrawal period. The current revocation periods and legal requirements of the respective recipient country will be taken into account.
Consequences of the revocation
- if you revoke this contract, all payments received from you on our accounts, including delivery costs, are to be refunded within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment we use the same data that you have already used for payment. The repayment is cost-neutral for you.
- the repayment can be refused by us, until we have retained the goods, or you have provided us with proof of shipment.
- your period, after giving your revocation, to return the goods is fourteen days from. The individual withdrawal periods of the respective recipient country will be taken into account.
- in order to preserve your rights of withdrawal, you are obliged to return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. 5.
- for a possible loss of value of the goods you must pay only if this is not due to your treatment.
Sample cancellation form
If you want to cancel the contract, please fill out and return this form
Claus Ermlich & Thomas K. Raschke GbR
Allé Street 2
D- 73525 Schwäbisch Gmünd, Germany
Herewith I/we (*) revoke the contract concluded by me/us (*) for the purchase of the following
goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
(*) Delete where not applicable.
- 7 Delivery
- we try to process your order immediately with a delivery time of up to 14 working days of a requested typing of the product after receipt of order. Products that are not typed can also be delivered later in the sense of a collective order together with the typed product. TYPEMYKNIFE® endeavors to deliver as quickly as possible, but reserves the right to a processing time of up to 14 working days in the event of delivery bottlenecks. Delivery dates and delivery periods are only binding if expressly confirmed as such by TYPEMYKNIFE® in writing. If there is a delay due to late delivery from the manufacturer of the products, we will contact you immediately in writing. If products are not available, no contract will be concluded. If, due to the chosen payment method, a payment has already been made for the unavailable products, the amount will be refunded to the purchaser as soon as possible.
- in case of delay in delivery in case of force majeure for which we are not responsible, you are entitled to withdraw from the contract after a period of four weeks after order acceptance confirmation.
- we will arrange the delivery of the products deliverable by us immediately after processing your order or within the contractually agreed delivery time. The products will be processed and delivered only after receipt of payment. The contractually agreed delivery times shall not commence until payment has been received and credited to our business account.
We are entitled to split your order into several deliveries, provided that this is reasonable for you. We will bear any additional shipping costs caused by this.
- we deliver our products with DHL, but we reserve the right to commission another shipping service provider.
If you are an entrepreneur, the risk of loss or damage to the goods passes to you as soon as the shipment has been handed over to the person performing the transport.
- 8 Shipping costs & prices
- the prices shown for purchasers are final prices. The prices include the statutory value added tax.
- 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.
- import duties and taxes see notes §2 Abs1.for delivery to non-EU countries may incur duties and taxes, which are borne by the buyer.these customs costs are not included in the product price and shipping costs and are the responsibility of the recipient. A subsequent refund of the German sales tax is possible. For this we need from you the necessary documents in the original transmitted. The processing for the refund will be charged with 15,00 Euro.
- 9 Means of payment
We offer the following payment methods: Prepayment by bank transfer, Visa, Mastercard, and payment service providers.
- the possible payment methods are displayed at the end of the ordering process and can be selected by you.
- transfer fees from foreign accounts are borne by the customer.
- 10 Right of retention and reservation of title
The Buyer shall only be entitled to a right of retention insofar as the underlying claim arises from the same contractual relationship. 1.
- the delivered goods remain our property until full payment.
- if you are an entrepreneur, we also expressly retain ownership of the goods subject to retention of title until receipt of all payments arising from the business relationship with you.
- 11 Data protection
TYPEMKNIFE® processes personal data of the customer for a specific purpose and in accordance with the statutory provisions. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) will be used by TYPEMYKNIFE to fulfill and process the contract. These data will be treated confidentially by TYPEMYKNIFE and will not be disclosed to third parties who are not involved in the ordering, delivery and payment process. The customer has the right to receive, upon request and free of charge, information about the personal data that TYPEMYKNIFE has stored about him. In addition, he has the right to correct incorrect data, blocking and deletion of his personal data, unless there is a legal obligation to keep records. For further information, please refer to the section on data protection.
- 12 Miscellaneous
- jurisdiction in dealings with merchants, natural persons and legal entities under public law or public law special funds is our headquarters in D-Schwäbisch Gmünd. Contract language is German.
2) The place of performance for all deliveries and services is the registered office of TYPEMYKNIFE®.
- all legal transactions with TYPEMYKNIFE® are governed by the laws of the Federal Republic of Germany, the UN Convention on Contracts for the International Sale of Goods and any international conventions are excluded.
- should individual provisions of these terms and conditions be invalid or contradict legal rules, this shall not affect the rest of the contract.
- platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/ We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Status Jan. 2023