General Terms and Conditions
Last updated: 1 August 2022
General Terms and Conditions of Shaper Tools GmbH
Scope of application
These General Terms and Conditions ('GTC') govern the sale of goods of Shaper Tools GmbH, Dieselstraße 26, 70771 Leinfelden-Echterdingen, Germany ('Shaper Tools') through the online shop on the website https://www.shapertools.com to consumers and traders ('Customers'). Shaper Tools does not recognise any terms and conditions of the Customer that conflict with or deviate from these GTC unless Shaper Tools has expressly agreed to their validity in writing. Shaper Tools concludes contracts exclusively in German and English.
A consumer within the meaning of the GTC ('Consumer') is any natural person who does not conclude the purchase of the goods for the purpose of their commercial or independent professional activity (Section 13 German Civil Code [BGB]). A trader within the meaning of the GTC ('Trader') is any natural or legal person or partnership with legal capacity who or which, when purchasing the goods, acts in exercise of their commercial or independent professional activity (Section 14 BGB).
Order process, conclusion of contract
The Customer's contractual partner is Shaper Tools. The webpages on the Shaper Tools online shop is intended as a sales brochure ('Online Catalogue Page'). The presentation of the products in the online shop is merely an invitation to submit an Offer ('Order'). The Customer submits a binding Offer by ordering the goods in the online shop by clicking on the 'Buy now' button ('Offer').
Before sending the Order by clicking on the 'Buy now' button, the Customer can check all contents of the Order form during the Order process and change, delete or cancel the entire Order process by clicking on the corresponding button (e.g. 'Edit' or 'Change').
Shaper Tools confirms receipt of the order by email. This email also contains the General Terms and Conditions and information on the right of Withdrawal. A purchase contract is not yet concluded.
The purchase contract is only concluded when Shaper Tools expressly accepts the Offer ('Acceptance'), e.g. by email, but at the latest when the goods are dispatched. The Customer will be informed of the dispatch of the goods by separate email.
Shaper Tools does not accept Orders from Customers who have not yet reached the age of 18. If the Customer has not yet reached the age of 18, they may only order from the online shop together with their parents or an adult with parental authority.
Prices and terms of payment
Shaper Tools' prices are ex warehouse and include packaging costs plus the statutory VAT and shipping costs applicable at the time the Order is placed.
The shipping costs are indicated during the order process.
The accepted payment methods are credit card, PayPal, instant bank transfer, prepayment and are specified during the order process.
In the event of a failed credit check, Shaper Tools reserves the right to process the Order only with the suggested payment methods. The Customer will be informed of this decision immediately.
Shipping and delivery conditions
Shipping is only conducted to addresses in Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom and Ireland. Any shipping costs to be borne by the Customer are indicated in the order form. We deliver DAP (Delivered at Place) to Norway and DDP (Delivered Duty Paid) to the United Kingdom and Switzerland. Customs duties and import sales tax are paid by the Customer.
Delivery will be made within the delivery time specified in the order process, but at the latest within 90 days of receipt of the order confirmation.
If the delivery is temporarily delayed due to force majeure or other unforeseeable events (e.g. operational disruptions, including any of these event at third parties commissioned by Shaper Tools or their contractors, material shortages, etc.), the delivery period shall be extended accordingly. If such events lead to a delay in delivery of more than four (4) months, the Customer shall be entitled to withdraw from the contract. Other cancellation rights of the Customer remain unaffected by this.
Retention of title
The delivered goods remain the property of Shaper Tools until full payment has been received. If the Customer is a Trader, Shaper Tools shall retain title to the purchased item until all claims against the Customer have been settled in full.
The following applies to the resale of goods by Traders: The Customer is authorised to resell the goods in the ordinary course of business. However, the Customer hereby assigns to Shaper Tools all claims against their customers or third parties arising from or in connection with the resale up to the total final amount (including VAT) of Shaper Tools' claims. The Customer must inform the affected customers and third parties of the assignment without delay. The Customer shall remain authorised to collect the assigned claims even after the assignment. The right of Shaper Tools to collect these claims itself remains unaffected. Shaper Tools undertakes not to exercise this right as long as the Customer fulfils their payment obligations from the collected proceeds, no payment arrears occur and, in particular, no insolvency of the Customer occurs and the Customer does not cease to make their payments. In such cases, the Customer undertakes to inform Shaper Tools of the assigned claims and the debtors concerned, to provide all details necessary for collection and to hand over relevant documents.
Shaper Tools undertakes to release the securities to which it is entitled at the Customer's request if their realisable value exceeds the claims to be secured by more than 10%. Shaper Tools reserves the right to choose the collateral to be released.
Right of cancellation
If the Customer is a Trader, Shaper Tools shall be entitled to cancel the contract if Shaper Tools is not supplied with the object of performance itself despite an existing purchase contract. Shaper Tools shall immediately inform the Customer of the failure to deliver and, in the event of cancellation, shall immediately refund any consideration already received.
Other, in particular statutory, rights of cancellation remain unaffected.
Right of Withdrawal for consumers
If the buyer is a Consumer, they are entitled to a right of withdrawal according to the following conditions:
Withdrawal policy
Right of withdrawal
You have the right to withdraw 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, have taken possession of the goods. In the case of a contract involving several goods which you have ordered as part of a single Order and which are delivered separately, the withdrawal period begins from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
To exercise the right to withdraw, you must inform us (Shaper Tools GmbH, Dieselstraße 26, 70771 Leinfelden-Echterdingen, Deutschland, +49 (0) 711 26898124, [email protected]) of your decision to withdraw this contract by sending a clear declaration (e.g. a letter sent by post, fax or email).
You can use the enclosed sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a mode of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your withdrawal of this contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs the earliest.
You must return or hand over the goods to Shaper Tools GmbH, Dieselstraße 26, 70771 Leinfelden-Echterdingen, Germany, immediately and in any case within fourteen days at the latest from the day on which you inform us of the withdrawal on of this contract. The deadline is met if you dispatch the goods before the fourteen-day period has expired.
We bear the cost of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
Withdrawal form
Sample withdrawal form
(If you wish to withdraw the contract, please complete and return this form)
To: Shaper Tools GmbH, Dieselstraße 26, 70771 Leinfelden-Echterdingen, Germany, +49 (0) 711 26898124, [email protected]
I/we (*) hereby withdraw 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 the consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate.
Voluntary right of return
In addition to the statutory period of fourteen days, Shaper Tools grants the Customer a voluntary contractual right of return totalling thirty days from the day on which the Customer or a third party designated by the Customer has taken possession of the goods. With this right of return, the Customer can also withdrawl from the contract after expiry of the statutory withdrawal period of fourteen days by returning the goods within thirty days of taking possession of them to:
Shaper Tools GmbH, Dieselstraße 26, 70771 Leinfelden-Echterdingen, Germany
Timely dispatch is sufficient to meet the deadline. The prerequisite for exercising the voluntary right of return is that the goods are returned completely and in their original packaging without any damage caused by the Customer.
The statutory period of fourteen days continues to apply to all refurbished products purchased via shapertools.com/recon. In this case, Shaper Tools does not grant the Customer a voluntary contractual right of return beyond the statutory period.
The Customer must pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the quality, properties and functionality of the goods.
The cost of returning the goods shall be borne by Shaper Tools. The Customer can request a return label for the return shipment. For repayment after exercising the right of return, Shaper Tools will use the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise with the Customer. The Customer will not be charged any fees for this repayment.
Until the expiry of the period for the statutory right of withdrawal, the above conditions of the statutory withdrawal policy apply exclusively. The Customer's statutory right of withdrawal and statutory warranty rights shall not be affected by the additional contractual right of return and shall remain unaffected.
Warranty
In the event of defects in the delivered goods, the Customer shall be entitled to the statutory warranty rights, subject to the following clauses. Guarantees in the legal sense require an express agreement. The Customer can only demand compensation for damages due to a defect in accordance with clause 10.
Section 377 HGB applies for commercial transactions with Traders. Shaper Tools shall then also be entitled, at its discretion and within a reasonable period of time, to repair the goods or to deliver new goods. This shall not apply if the Customer proves that a rectification of the defect is unreasonable for them in exceptional cases.
If the Customer modifies the goods or has them modified by a third party without the consent of Shaper Tools and if this makes it impossible or unreasonably difficult to remedy the defect, the Customer shall bear the additional costs incurred as a result of the modification.
If the Customer is a Trader, the period for the assertion of warranty rights is one year from delivery, unless Shaper Tools has fraudulently concealed the defect or there is a case of supplier recourse pursuant to Section 478 BGB.
Liability
In the event of simple negligence, Shaper Tools shall only be liable for the breach of a material contractual obligation. A material contractual obligation in this sense is an obligation whose fulfilment is essential for achieving the purpose for which the contract was concluded and on whose fulfilment the Customer may therefore regularly rely.
In the event of simple negligence, Shaper Tools' liability shall be limited to damages foreseeable at the time of conclusion of the contract and typical for this type of contract.
The above exclusions and limitations of liability do not apply to liability in the event of injury to life, limb or health, fraudulent concealment of a defect, the assumption of a guarantee, or to claims under the Product Liability Act [ProdHaftG].
Insofar as the liability of Shaper Tools is excluded or limited, this shall also apply to the personal liability of Shaper Tools' employees, workers, staff, representatives and vicarious agents.
Copyright and trade mark law
The entire content of the website, in particular texts, graphics, photos, illustrations and software, is the property of Shaper Tools or Shaper Inc. This content is protected by copyright and other industrial property rights. Reproduction, editing, storage or other processing is not permitted. All trademarks used on the website are - unless otherwise stated - the property of Shaper Tools or Shaper Inc. Any use or utilisation of the trademarks in any form whatsoever is prohibited without the consent of Shaper Tools.
Data protection
Shaper Tools attaches great importance to protecting the Customer's personal data that they provide to Shaper Tools as part of the business relationship through the webshop. Shaper Tools will only process the data in accordance with the data protection regulations, Shaper Tools.
Transport damage
If goods are delivered with obvious transport damage, an immediate complaint to the delivery agent and contact with Shaper Tools would be very helpful. This helps Shaper Tools to assert its own claims against the carrier or the transport insurance company. If the Customer is a Consumer, failure to notify Shaper Tools has no legal consequences for the Customer. If the Customer is a Trader, the provisions of Section 377 of the German Commercial Code [HGB] shall apply.
Online dispute resolution
The European Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr/. Consumers can use this platform to resolve their disputes. However, we are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
Other
The contract is subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), unless country-specific statutory regulations are more favourable for the Customer.
If the Customer is a Trader or a legal entity under public law, the place of jurisdiction for any disputes arising from this contract shall be the registered office of Shaper Tools; however, Shaper Tools shall also be entitled to file a suit against the Customer at their place of business. The same applies if the Customer does not have a general place of jurisdiction in Germany or has moved their domicile or usual place of residence abroad after conclusion of the contract or their domicile or usual place of residence is not known at the time the lawsuit is filed.
If the Customer is a Trader, the place of fulfilment is Shaper Tools GmbH, Dieselstraße 26, 70771 Leinfelden-Echterdingen, Germany.