Terms and Conditions

General Terms and Conditions with Customer Information

1. Scope of application
2. Conclusion of contract
3. Prices and terms of payment
4. Delivery and shipping conditions
5. Right of revocation
6. Retention of title
7. Liability for defects
8. Indemnification in case of violation of third party rights 9. Applicable law
10. Place of jurisdiction
11. Information on online dispute resolution

1. Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of “AB-Knife-Design” (hereinafter referred to as “Seller”), apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) based outside of Germany with the Seller for the goods offered by the Seller in his online store. The inclusion of the Customer’s own terms and conditions is objected to unless otherwise agreed.

1.2 These GTC shall apply mutatis mutandis to the purchase of vouchers if and to the extent that nothing to the contrary has been expressly agreed.

1.3 A consumer is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity.

1.4 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 his commercial or independent professional activity.

2. Conclusion of contract

2.1 The presentation of the goods, in particular in the online store, does not constitute a binding offer by the seller.

2.2 The Customer may submit an offer to the Seller by email, by post or by telephone.

2.3 The Seller accepts the Customer’s offer by the following possible alternatives:

– Sending a written order confirmation or an order confirmation in text form (email) or – Requesting payment from the Customer after the order has been placed or – Delivering the ordered goods The decisive factor for the time of acceptance is the first alternative that has occurred.

The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall constitute the rejection of the offer. The Customer shall then no longer be bound by its declaration of intent.

2.4 If the payment method “Paypal” is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “Paypal”). In this case, the Paypal usage agreement applies, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own Paypal account: https://www.paypal.com/de/ webapps/mpp/ua/privacywax-full.
If the customer selects the payment method “PayPal” for the payment of his purchase, he submits his offer by clicking the button concluding the ordering process. If the customer also issues the payment order to PayPal at the same time by clicking this button, the seller declares, in deviation from the above regulations, the acceptance of the customer’s offer at the time of issuing the payment order.

2.5 The order data, the cancellation policy and the GTC will be sent to the customer by email.

2.6 It is the responsibility of the customer to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails concerning this order can be delivered.

3. Prices and terms of payment

3.1 The displayed prices do not include shipping costs. According to § 19 Abs. 1 UStG no value added tax is shown. The seller is not liable for any customs or import duties that may arise. These costs are to be borne by the customer.

3.2 If the delivery is made to a non-EU country, further customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is advised to enquire about the details with the respective institutions or authorities before placing the order.

3.3 In the case of advance payment by bank transfer, payment shall be due immediately after conclusion of the contract, unless otherwise agreed.

3.4 In the case of payment by “PayPal”, payment shall be processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. For this purpose, the terms of use of PayPal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement- full.

3.5 In the case of payment via “PayPal Direct Debit”, the collection of the receivable by PayPal shall take place after the issuance of a SEPA Direct Debit Mandate and after the expiry of the period for prior information on behalf of the Seller from the bank account of the Customer. Prior information is the announcement by the seller to the customer that his account will be debited by means of a SEPA direct debit and can take the form of an invoice or a contract, for example. If the direct debit cannot be honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit without being entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if the customer is responsible for this. The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by the payment by direct debit.

3.6 When paying via “PayPal Installment Payment”, the customer concludes an installment contract with PayPal. If PayPal allows payment via “PayPal Installment Payment”, the Customer shall pay the invoice amount to PayPal at the conditions set by PayPal, which are communicated to the Customer in the payment portal of PayPal The terms of use of PayPal shall apply, which can be found here:  [url]https://www.paypal.com/de/webapps/mpp/ua/legalhub-full? locale.x=de_DE[/url] The rest of the contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this payment method.

3.7 When paying on account via “PayPal Invoice”, the payment processing is carried out by PayPal.
The purchase price is due after delivery of the goods and is payable within 30 days from receipt of the invoice to PayPal, unless another payment term

is specified.
The purchase on account requires a successful credit check by PayPal.
If the customer is allowed to purchase on account after a credit check, the seller assigns his claim to PayPal, therefore payment can only be made to PayPal with debt-discharging effect.
The rest of the contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this method of payment. otherwise, the general terms of use for the use of PayPal’s purchase on account apply: https://www.paypal.com/de/webapps/mpp/ua/ pui-terms.

4. Delivery and shipping conditions

4.1 The delivery of goods by shipping is made to the delivery address specified by the customer. Deviating from this, in the case of payment by PayPal, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.

4.2 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these shall be reimbursed by the Customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable prior notice of the service. Excluded from this provision are the costs of the Hinsendung, if the customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the Seller shall apply.

4.3 In the case of agreed self-collection, the customer will be informed by the seller that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the Customer may pick up the goods at the Seller’s registered office or at an agreed location after consultation with the Seller. In this case there are no shipping costs.

5. Right of withdrawal

5.1 If the customer is a consumer living outside of Germany but inside the European Union, he is generally entitled to a right of withdrawal.

5.2 The right of withdrawal is governed by the seller’s cancellation policy.

5.3 Consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and

delivery address are outside the European Union at the time of the conclusion of the contract do not have a right of withdrawal.

6. Retention of title

If the seller makes advance performance, the goods remain the property of the seller until full payment of the purchase price.

7. Liability for defects

7.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed.

7.2 The Customer is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the Seller thereof. Failure to do so shall have no effect on the Customer’s statutory or contractual claims for defects.

8. Indemnification in case of infringement of third party rights

If, in addition to the delivery of goods, the Seller also owes the Customer the processing of the goods in accordance with certain specifications of the Customer, the Customer shall ensure that the content provided to the Seller by the Customer for this purpose does not infringe the rights of third parties. The contracting parties agree that the Customer shall indemnify the Seller against claims of third parties in this context, unless the Customer is not responsible for the infringement. The indemnification shall also include the assumption of the reasonable costs of the necessary legal defense, including all court and attorney fees in the statutory amount. In the event of a claim by a third party, the customer is obligated to provide the seller immediately, completely and truthfully with all information necessary for the examination of the claims and a defense.

9. Applicable Law

9.1 The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.

9.2 This choice of law made here shall not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a Member State of the European Union at the time of conclusion of the contract and their sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

10. Place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller.
If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the customer’s professional or commercial activity.
Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer’s place of business.

11. Information on online dispute resolution

The platform for online dispute resolution of the EU Commission can be accessed on the Internet at the following link: https://ec.europa.eu/odr. I am neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.