Terms of Service

1. Scope

1.1 These general terms and conditions (hereinafter referred to as “GTC”) of “Messerlabor Nagel + Knabe GbR” (hereinafter referred to as “seller”) apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “customer”) with the seller regarding the seller concludes the goods offered in his online shop. The inclusion of the customer’s own conditions is contradicted, unless something else has been agreed.

1.2 These terms and conditions apply accordingly to the purchase of vouchers if and insofar as nothing to the contrary has been expressly regulated.

1.3 A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.

1.4 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 self-employed professional activity.

2. Conclusion of contract

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

2.2 First, the customer places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, in which all the data required for order processing is recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirmation of this order and contract data by clicking on the button that concludes the ordering process does the customer make a binding offer to purchase the goods contained in the shopping cart.

The customer can also submit this offer to the seller by fax, email, post or telephone.

2.3 The seller accepts the customer’s offer through the following possible alternatives:

– Sending a written order confirmation or an order confirmation in text form (fax or email)
or
– Request for payment to the customer after placing the order
or
– Delivery of the ordered goods

The first alternative that occurs is decisive for the time of acceptance.

The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this constitutes a rejection of the offer. The customer is then no longer bound by his declaration of intent.

2.4 If the “Paypal Express” payment method is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “Paypal”). The Paypal user agreement applies here, 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” or “PayPal Express” to pay for his purchase, he submits his offer by clicking on the button that concludes the ordering process. If the customer simultaneously issues the payment order to PayPal by clicking on this button, the seller declares acceptance of the customer’s offer at the time the payment order is issued, deviating from the above provisions.

2.5 The text of the contract concluded between the seller and the customer is saved by the seller. The text of the contract is stored on the seller’s internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions are sent to the customer by email. After completing the order, the customer can access the text of the contract free of charge via their customer login, provided they have opened a customer account.

2.6 All entries made are displayed before the order button is clicked and can be viewed by the customer before the order is sent and corrected by pressing the browser’s back button or using the usual mouse and keyboard functions. If available, the customer can also use buttons for corrections, which are labeled accordingly.

2.7 The contract language is German.

2.8 It is the customer’s responsibility to provide a correct email address for contacting and processing the order, and to set the filter functions so that emails relating to this order can be delivered.

3. Prices and terms of payment

3.1 The prices shown are final prices including statutory sales tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.

3.2 If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to banks.
The customer is advised to check the details with the respective institutions or authorities before ordering.

3.3 The customer can select the payment methods that are available in the online shop.

3.4 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.

3.5 When paying via “PayPal”, the payment is processed via PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal’s terms of use apply to this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

3.6 When paying via “PayPal direct debit”, the claim is collected by PayPal from the customer’s bank account after a SEPA direct debit mandate has been issued and after the deadline for the advance information has expired on behalf of the seller. Advance information is the seller’s announcement to the customer that his account will be debited by SEPA direct debit and can take the form of an invoice or a contract, for example. If the direct debit cannot be redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit without being entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this . The rest of the contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by the payment by direct debit.

3.7 When paying by “PayPal installment payment”, the customer concludes an installment payment contract with PayPal. If PayPal allows payment via “PayPal installments”, the customer must pay the invoice amount to PayPal under the conditions specified by PayPal, which are communicated to him in the PayPal payment portal
Paypal’s terms of use apply, which you can find 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.

3.8 When paying on account via “PayPal invoice”, the payment is processed by PayPal.
The purchase price is due after delivery of the goods and must be paid to PayPal within 30 days of receipt of the invoice, 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 checking the creditworthiness, the seller assigns his claim to PayPal, so payments can only be made to PayPal with a 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 payment method.
Otherwise, the General Terms of Use for the use of PayPal purchases on account apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

3.9 When paying by “SOFORT”, the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to use the payment method, the customer needs an activated online banking account with a PIN/TAN procedure for participation in “SOFORT”, with which he can legitimize himself during the payment process and confirm the payment order to “SOFORT”. . The payment will be made immediately after the payment process has been completed by “SOFORT” and the customer’s bank account will be debited. Further information on the “SOFORT” payment method can be found on the Internet at https://www.klarna.com/sofort/.

4. Terms of delivery and shipping

4.1 The goods are usually delivered within 8 weeks. In the case of longer delivery times, this is explicitly pointed out on the corresponding pages.

4.2 Goods are delivered by mail to the delivery address specified by the customer. Deviating from this, when paying via PayPal, the delivery address stored by the customer at PayPal at the time of payment is decisive.

4.3 The delivery by freight forwarder is “free curb”, i.e. to the public curb nearest to the delivery address. This only applies if nothing else results from the seller’s shipping information and nothing else has been agreed.

4.4 If the seller incurs additional costs due to the specification of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these must be reimbursed by the customer, unless the customer 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 had given him adequate prior notice of the service. Excluded from this regulation are the costs of the delivery if the customer has effectively exercised his right of withdrawal. Here it remains with the legal or the regulation made by the seller.

4.5 If pickup has been agreed, the seller will inform the customer that the goods he has ordered are ready for pickup. After receiving this e-mail, the customer can collect the goods at the seller’s registered office or at an agreed place, after consultation with the seller. In this case there are no shipping costs.

4.6 Vouchers are given to the customer in the following form:

• by email
• via download
• postal

5. Right of Withdrawal

5.1 If the customer is a consumer, he has a right of withdrawal.

5.2 The cancellation policy of the seller applies to the right of cancellation.

5.3 Consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded are not entitled to a right of withdrawal.

6. Retention of Title

If the seller pays in advance, the goods remain the property of the seller until the purchase price has been paid in full.

7. Liability for Defects

7.1 With regard to the warranty, the provisions of the statutory liability for defects apply, unless otherwise agreed in these General Terms and Conditions.

7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. Non-compliance has no effect whatsoever on the customer’s statutory or contractual claims for defects.

8. Third-Party Infringement Indemnification

If, in accordance with the contract, the seller owes the customer not only the delivery of goods but also the processing of the goods according to specific customer specifications, the customer must ensure that the content provided to the seller for this purpose does not infringe the rights of third parties. The contracting parties agree that the customer shall indemnify the seller against third-party claims in this connection, unless he is not responsible for the infringement. The exemption also includes the assumption of the reasonable costs of the necessary legal defense, including all court and attorney’s fees in the statutory amount. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, completely and truthfully.

9. Redeeming Gift Certificates

9.1 Vouchers that have been purchased via the seller’s online shop (“vouchers”) can also only be redeemed in the seller’s online shop.

9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed up to the end of the third year after the year of the voucher purchase. Any remaining credit will be credited to the customer’s voucher account by the expiry date.

9.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent redemption does not take place.

9.4 Only one gift voucher can be redeemed per order. It is not possible to redeem several gift vouchers in one order.

9.5 Gift Vouchers can only be redeemed for the purchase of Goods.
The purchase of further gift vouchers cannot be paid for with a voucher.

9.6 If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.

9.7 Credit on gift vouchers will not be paid out and will not bear interest.

9.8 Gift vouchers are generally transferable.
The seller can pay with discharging effect to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible non-authorization, the legal incapacity or the lack of the right to represent the respective owner.

10. Redeeming Promotional Vouchers

10.1 Vouchers that the seller issues free of charge as part of (advertising) campaigns with a specific period of validity and that the customer cannot purchase (“campaign vouchers”) can only be redeemed in the seller’s online shop and only within the period specified by the seller.

10.2 Promotional vouchers can only be redeemed by consumers.

10.3 Individual products may be excluded from the voucher campaign.
If applicable, the specific restrictions can be found on the promotional voucher.

10.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting does not take place.

10.5 Several campaign vouchers can be redeemed within one order.

10.6 The value of the goods in the respective order must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

10.7 If the value of a campaign voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.

10.8 The balance of a promotional voucher will neither be paid out nor will interest be paid.

10.9 The campaign voucher will also not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.

10.10 Promotional vouchers are generally transferable.
The seller can pay with discharging effect to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible non-authorization, the legal incapacity or the lack of the right to represent the respective owner.

11. Governing Law

11.1 The law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the customer has his habitual residence as a consumer, remain unaffected.

11.2 This choice of law made here does 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 the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

12. Jurisdiction

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

13. Online Dispute Resolution Information

The platform for online dispute resolution of the EU Commission can be accessed on the Internet under the following link: https://ec.europa.eu/odr

We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

14. Warranty claims

Knives from Messerlabor are covered by a lifetime warranty. This warranty provides protection against defects in materials and workmanship. The warranty applies to knife products only. If the product fails due to a manufacturing defect, we will repair or replace it free of charge at our discretion. Only original and unaltered items are covered by this warranty.

The warranty does not cover damage caused by accident, improper care, negligence, normal wear and tear, or the like. Damage not covered by the warranty may be repaired at a reasonable cost, if necessary. In such cases, a shipping charge will also be made.

Messerlabor provides a sharpening guarantee on the expected wear of the knife blades. This guarantee includes the restoration of the original sharpness of the knife blade lost in the course of use, which you can claim every 4 months for each knife. The shipping costs (outward and return shipping) are to be borne by the buyer. The shipping has to be done only in the original shipping packaging delivered by Messerlabor together with the knife.

The products of Messerlabor are individually manufactured for you from only the best materials and in excellent quality. However, especially knife blades and knife tips can be sensitive to mechanical damage due to their delicate shape and sometimes low material thickness. Please understand that Messerlabor cannot take over the sharpening of the blade as a service in case of improper use of the knives. Messerlabor cannot accept any warranty for damage to the knife that occurs as a result of improper use or use for other than the intended purpose. Messerlabor will be happy to help you with all questions and problems concerning your knife.