General Terms and Conditions of
TYPEMYKNIFE® Claus Ermlich & Thomas K. Raschke GbR
for the sale of goods on typemyknife.com
§1 General and scope of the GTC
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 via its webshop typemyknife.com.
You can reach our customer service at info@typemyknife.com or on weekdays from 09:00 – 12:00 at (0049) 7171 941 645 14.
These GTC apply exclusively. Deviating terms and conditions are expressly rejected.
Special GTC agreements, provided they have been expressly set out in writing and confirmed by TYPEMYKNIFE®, are not affected by this.
§2 Data of the order, contract language, delivery and sales area
No registration is required to place orders with us. The order data must be entered during the ordering process. No customer account is created for later retrieval. The creation of a customer account is primarily possible and gives you access to the orders you have already placed.
The contract language is exclusively German. Order transactions and sales contracts can be concluded in German and English.
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 Raschke GbR assume no liability for the rejection of the customs at the import of the goods in the respective destination of the buyer. The buyer must comply with the legal requirements of customs and the import regulations of his country. 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 country of destination.
§3 Product selection and ordering process
(1) You have the possibility to inform yourself about the goods offered by us in the webshop typemyknife.com. The product description contains the essential properties and features communicated by the manufacturer. The delivery time depends on the extent of your desired customization and can take up to approx. 14 working days depending on the availability of the product in the webshop. As many of our products come from small European manufacturers, there may be delays in delivery. Should this occur, we will inform you in good time about the possible course of action. The respective price of each product without TYPEMYKNIFE® having made any changes to the product is shown in € including the applicable VAT. For your individualization, a price is calculated which is shown in the configurator including the applicable VAT.
(2) To order a product, you have the option of ordering the product in the store without individualization via the link “Add to shopping cart” and “Proceed to checkout”. There you select your payment method and confirm your order with “Order with obligation to pay” after accepting the terms and conditions, data protection and your age rating
In the configurator, you also have the option of customizing your product by individualizing the blade surface with a graphic, text or your own logo etc.. To do this, you can choose from design templates or upload your own logo, image, text etc. as a pixel file or SVG and have it displayed directly on the blade for selection. As soon as you have completed the typing of a blade side, press the Order now button. Your design draft will not be saved until you have placed the product in the shopping cart. To add your customization to the rest of the ordering process, press the “Order now” button. Your uploaded personal file, which serves as a template for customization, will be saved in our system for further processing.
You will receive a PDF file in the shopping cart 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 customization is displayed per blade side in the configurator. In addition, the total price per product (knife) including the customization per blade side including the applicable tax rates in Germany will be displayed in the shopping cart. The tax rate of the destination country will be adjusted after you enter the delivery address. You confirm your selection with the “Add to shopping cart” – “Order now” button. In the shopping cart, you can check your order again, correct it or delete it from the shopping cart. Confirm your shopping cart by clicking the “Continue to checkout” button. By clicking on “Order with obligation to pay” you place your order. You can check your order at any time in the shopping cart and in the checkout, view the design as a PDF file and change the quantity or number of items in your order.
(3) In the order overview, you will be taken to the billing details where you will be asked for the data required to conclude the contract and for shipping. You also have the option of creating a customer account in which you can view your data. You can enter a different delivery address or a storage location. You can also add comments to your order.
(4) You can select your payment method in the next window. Under “YOUR ORDERS” we ask for your agreement to the terms and conditions, withdrawal policy, privacy policy, age rating and shipping service provider. You will once again receive an overview of the products you have ordered, the product total including any typing and the shipping costs including the currently applicable VAT. The shipping costs are based on your destination country and are explained in detail under Shipping. If you would like to make any changes, you can do this again in the shopping cart and check your data again. The order process is interrupted at any time by closing the web browser.
(5) You place your order when you have ticked the checkboxes for the terms and conditions, privacy policy, revocation policy, age rating and shipping service provider and confirm the button “Order with obligation to pay”.
(6) The company TYPEMYKNIFE® has the right, without exception, subject to the verification of your design upload, text – to reject the desired typing of your order, even if you have received an automatic order confirmation in advance:
- Racist and xenophobic motives are desired.
- Motifs that are close to Nazi ideology, including Nazi symbols in the form of numbers, symbols, etc.
- Sexually discriminatory motifs and texts are used.
- is portrayed as a call to violence and glorification of violence.
- anti-human rights texts and symbols are to be used.
- Violation of third-party rights or legal regulations.
- Motifs that are not capable of being processed in the subsequent laser process due to their nature and the quality of the data upload.
TYPEMYKNIFE® examines every motif received from the customer in the upload area and decides individually on the release on the basis of the GTC. TYPEMYKNIFE® reserves the right to delete your data immediately if they do not comply with our GTC guidelines. The customer is solely responsible for the upload of any text / motif files. This applies in particular if the customer violates the rights of third parties. There is no legal claim to compensation for damages in the event of order rejection for the reasons stated under §3.6.
In the event of a negative reservation check in accordance with §3.6, TYPEMYKNIFE® will contact the customer by e-mail regarding the further procedure.
The customer shall indemnify TYPEMYKNIFE® against all claims and demands asserted on account of the infringement of third-party rights, insofar as the customer is responsible for the breach of duty. The customer shall reimburse TYPEMYKNIFE® for all resulting costs and other damages.
(7) Copyright design templates TYPEMYKNIFE®
TYPEMYKNIFE® reserves the unrestricted copyright for its designs stored in the designs and templates section of the gallery in the configurator, which are made available to the customer as suggestions for typing and selection.
§4 Conclusion of contract
(1) The products offered by TYPEMYKNIFE® are not always and indefinitely available. If an unavailability occurs, TYPEMYKNIFE® will contact you immediately. By sending your order with your motif attached (subject to the check according to §3 para.6), you submit a binding offer to conclude a purchase contract with TYPEMYKNIFE®.
TYPEMYKNIFE® then sends the customer an automated order confirmation by e-mail and checks the offer for its legal and actual feasibility, in particular for a possible violation of § 3 (6). The order confirmation does not constitute 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 approx. 14 working days. TYPEMYKNIFE® endeavors to deliver as quickly as possible, but reserves the right to a processing time of up to approx. 14 working days in the event of delivery bottlenecks, provided that the product knife from the manufacturer’s factory has delivery delays. Delivery dates and delivery periods are only binding if TYPEMYKNIFE® has expressly confirmed them 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 a payment has already been made for the unavailable products based on the selected payment method, the amount will be refunded to the customer as soon as possible.
(2) The object of the fulfillment of the contract is only concluded by our dispatch with a further e-mail in which we announce the dispatch of your order. The contract text and in particular the typing of the blade created by the customer, which can be seen during processing in the configurator, are not saved in the form shown in the configurator if it is closed and can no longer be viewed when the order process is completed, unless you have created a customer account or have downloaded the PDF file via your browser using the View Knife Designed button from the shopping cart or checkout. 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 has been created, will only be saved for the time of editing by TYPEMYKNIFE®.
§5 Warranty
(1) All information on the products sold by TYPEMYKNIFE®, technical data, product descriptions, product photos, videos etc. are for information purposes only. TYPEMYKNIFE® assumes no liability for the accuracy of the information.
(2) The products sold by us from various manufacturers are covered by the statutory warranty.
(3) TYPEMYKNIFE® will bear the postage costs for returns that are sent in due to defects.
(4) We would like to expressly point out that the products we offer, especially the knife handles made of various materials, are predominantly natural products 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.
(5) Our products are not suitable for dishwashers. Natural materials for the handle scales in combination with the chemicals of the dishwasher can be destroyed. Always use clear water with a little washing-up liquid for cleaning and dry your knives immediately after cleaning.
(6) The knife can be professionally resharpened at the cutting edge. TYPEMYKNIFE® accepts no liability for the lasered motif if abrasives are used improperly.
(7) We accept no liability for improper use and cleaning of our products.
(8) As a private consumer, you are entitled to the statutory warranty provisions.
(9) If you are an entrepreneur, the following rules apply in the case of a warranty:
After receipt of the goods, check the integrity of the delivered products immediately. Obvious defects must be reported to TYPEMYKNIFE® in writing within two weeks of receipt of the goods.
If defects are discovered later, TYPEMYKNIFE® must be notified in writing within two weeks of the defect becoming known. If the purchaser does not notify TYPEMYKNIFE® of defects in writing, the delivered product is deemed to have been approved.
(10) If there is a defect in the product delivered by TYPEMYKNIFE®, we provide a warranty in the form of either rectification of the defect or replacement delivery.
(11) The warranty period is one year from delivery of the goods to you. If the rectification 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 the event of improper use of the products. This also includes the risk of injury due to improper opening of the transport and gift packaging by persons other than the customer, as well as any other improper use of the products. We expressly point out that the products are very sharp kitchen knives / kitchen tools that can cause serious injury to life and limb if used improperly. The products sold 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 withdrawal in accordance with the following provisions:
Right of withdrawal / 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 named by you, who is not the carrier, took possession of the last goods.
- Exclusion of the right of withdrawal for customization, personalization of the ordered knife. TYPEMYKNIFE® provides the customer with a configurator for the individual, personal typing of his knife. The individualization of the knife at the request of the customer excludes a right of withdrawal, as it represents an individual custom-made product according to your wishes.
- To exercise your right of withdrawal, you must inform us by post at TYPEMYKNIFE® Claus Ermlich & Thomas K. Raschke GbR. Alléstraße 2, D-73525 Schwäbisch Gmünd – or via e-mail at: order@typemyknife.com by means of a clear statement of your decision to withdraw from this contract. Please use the attached sample withdrawal form or your own formulation. To safeguard your 14-day right of withdrawal, it is sufficient that you send the notification of exercise before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, all payments received from you on our accounts, including delivery costs, must be repaid within fourteen days of the day on which we receive notification of your withdrawal from this contract. For this repayment, we will use the same data that you have already used for payment. The repayment is cost-neutral for you.
We may refuse repayment until we have retained the goods or you have provided us with proof of shipment.
You have fourteen days to return the goods after you have given notice of withdrawal.
To safeguard your right of withdrawal, you are obliged to return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
You only have to pay for a possible loss in value of the goods if this is not due to your handling.
Sample withdrawal form
If you wish to cancel the contract, please fill out this form and send it back to us
TO
TYPEMYKNIFE®
Claus Ermlich & Thomas K. Raschke GbR
Alléstraße 2
D- 73525 Schwäbisch Gmünd Germany
E-Mail: info@typemyknife.com
I/we () hereby revoke the contract concluded by me/us () for the purchase of the followingI/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following
Goods ()/the provision of the following service ()Goods (*)/the provision of the following service (*)
Ordered on ()/received on ()Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date
§7 Delivery and availability of goods
(1) We try to process your order immediately with a delivery period of up to approx. 14 working days if the product is typed after receipt of the order. Products that are not typed can also be delivered later together with the typed product in the sense of a collective order. TYPEMYKNIFE® endeavors to deliver as quickly as possible, but reserves the right to a processing time of up to approx. 14 working days in the event of delivery bottlenecks. Delivery dates and delivery periods are only binding if TYPEMYKNIFE® has expressly confirmed them 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 a payment has already been made for the unavailable products based on the selected payment method, the amount will be refunded to the customer as soon as possible.
(2) In the event of a delay in delivery due to 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 delivery of the products available from us immediately after processing your order or within the contractually agreed delivery time.
(3) We are entitled to split your order into several deliveries if this is reasonable for you. We deliver our products with DHL, but reserve the right to commission another shipping service provider. If you are an entrepreneur, the risk of loss or damage to the goods shall pass to you as soon as the shipment has been handed over to the person carrying out the transport.
§8 Shipping costs & prices
(1) The prices shown for customers are final prices. The prices include the applicable value added tax.
(2) In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the Buyer on a separate information page and during the ordering process. Import duties and taxes see notes §2 para. 1. For deliveries to non-EU countries, customs duties and taxes may be incurred, which shall be 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 German VAT is possible. For this we need the necessary documents in the original. The processing for the refund will be charged with 15,00 Euro.t.
§9 Means of payment
We offer the following payment methods:
(1) Prepayment by bank transfer, S€PA transfer, Sofortüberweisung, Apple pay, or various credit cards via the payment service provider mollie.
(2) The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available means of payment on a separate information page.
(3) If third-party providers are commissioned with payment processing, e.g. Klarna, their general terms and conditions apply
(4) Transfer fees from foreign accounts shall be borne by the customers.
§10 Right of retention and retention of title
The buyer shall only be entitled to a right of retention insofar as the underlying claim arises from the same contractual relationship.
The delivered goods remain the property of TYPEMYKNIFE® until full payment has been made. If you are an entrepreneur, we also expressly reserve ownership of the reserved goods until all payments from the business relationship with you have been received.
§11 Data protection
TYPEMYKNIFE® processes the customer’s personal data 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) are used by TYPEMYKNIFE® to fulfill and process the contract. This data is treated confidentially by TYPEMYKNIFE® and is not passed on to third parties who are not involved in the ordering, delivery and payment process. The customer has the right, upon request and free of charge, to receive information about the personal data that TYPEMYKNIFE® has stored about him. In addition, he has the right to correct incorrect data, block and delete his personal data, provided that there is no legal obligation to retain it. For further information, please refer to the data protection section.
§12 Other
The place of jurisdiction in dealings with merchants, natural persons and legal entities under public law or special funds under public law is our registered office in D-Schwäbisch Gmünd. The contractual language is German.
The place of performance for all deliveries and services is the registered office of TYPEMYKNIFE®. The law of the Federal Republic of Germany applies to all legal transactions with TYPEMYKNIFE®; the UN Convention on Contracts for the International Sale of Goods and any intergovernmental agreements are excluded. Should individual provisions of these GTC be invalid or contradict statutory regulations, this shall not affect the remainder 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.
TYPEMYKNIFE® 2024
