General terms and conditions of business
between
cadout GmbH, with its registered office at Linienstraße 56, 10119 Berlin, entered in the commercial register of the Charlottenburg District Court under the registration number HRB 244671, represented by the managing director Christian Wulff, VAT identification number: DE 301348492 - hereinafter "Provider" -
and
the customer designated in Section 2 of the contract - individually hereinafter referred to as “customer” -
getting closed.
§ 1 Scope, definitions
(1) The following general terms and conditions apply exclusively to the business relationship between the web shop provider (hereinafter “provider”) and the customer (hereinafter “customer”) in the version valid at the time of the order. Differing general terms and conditions of the purchaser/customer will not be recognized unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer to the extent that the purpose of the deliveries and services ordered cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
1) The customer can upload and edit image files on the website www.cadout.de and, based on the edited image file, order products that are individually manufactured according to his ideas by sending the completed order form. By sending the completed order form, you are submitting a binding application for the production and delivery of the goods specified on the order form. Before submitting the order, the customer can change and view the data at any time, in particular correcting it if necessary. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the “Accept Terms and Conditions” button and thereby included them in their application.
(2) The provider then sends the customer an automatic confirmation of receipt by email to the email address stored with the billing address. In this email, the invoice is sent to the customer on a durable medium (email or paper printout). The invoice will be stored in compliance with data protection. The contract is concluded immediately after the invoice has been sent. We reserve the right to adapt the order after checking the technical feasibility in direct consultation with the customer or, if implementation is technically impossible, to cancel it. In this case, the invoice amount will be refunded via the selected payment method.
(3) The contract is concluded in German. The provider can use external service providers (manufacturing partners) to manufacture the products. He can also use external service providers for packaging and shipping the goods.
(4) If the customer has created their own user account, they can view the details of their orders in the user account.
(5) We assume that we are allowed to list our customers and the respective product photos as a reference in all print and digital media. If you do not agree with this, please let us know.
Special conditions for “GRAPHICS” editing mode
(6) This mode is intended exclusively for certain graphics. The specifications that these graphics must meet are listed in detail in the FAQ.
Since in this mode design variants can be generated using unsuitable initial graphics that are potentially unmanufacturable or do not function as a product, the conditions for order confirmation mentioned in §2 paragraph 2 do not apply.
We reserve the right to manually check an order executed in “GRAPHICS” mode and to refuse production if the above-mentioned specifications for the initial graphics are not met.
In this case, the customer will be contacted and we will suggest adjusting the order so that it can be produced. If the customer is not satisfied with this proposal, we will refund the amount already paid and cancel the order.
By clicking on the “I agree” button, the customer confirms that he agrees to the special conditions mentioned.
§ 3 Delivery, product availability, processing
(1) The expected delivery times stated by the provider are calculated from the time of our order confirmation (invoice sent by email), assuming prior payment of the purchase price. The provider can use external service providers (manufacturing partners) to manufacture the products.
(2) The conclusion of the contract is subject to the possible production of the product, in particular the timely and complete delivery by the provider or its manufacturing partners. The above reservation does not apply if self-delivery is only disrupted for a short time or if the provider or a manufacturing partner is responsible for the delay, for example by failing to carry out cover transactions on time. The provider informs the customer immediately if production is not possible. If the customer has already provided his consideration, this will be reimbursed.
(3) The following delivery restrictions apply: The provider only delivers to customers who have their usual residence (billing address) and delivery address in Germany, Austria or Switzerland.
(4) For orders via our online shop, the following minimum order values (excluding shipping costs/accessories) apply for the product groups:
- Plastic stencils: €27 gross sales
- Metal stencils: €37 gross sales
- Stencil foils/adhesive foils: €30 gross sales
- Acrylic glass cuts: €40 gross sales
§ 4 Retention of title
Until full payment has been made, the delivered goods remain the property of the provider and must be treated accordingly by the customer and protected against loss or damage.
§ 5 Prices and shipping costs
(1) All prices stated on the provider's website are for buyers from EU countries with a specified delivery address in the EU countries, including the applicable statutory sales tax. For other customers, the prices stated are net prices; in this case, additional import duties or the like may apply, which must also be borne by the customer.
(2) The corresponding shipping costs will be stated to the customer in the order form. They may vary depending on the order location and scope of delivery and must also be borne by the customer unless the customer makes legitimate use of their right of withdrawal. In the event of a defect within the meaning of warranty law, the provider bears the shipping costs.
(3) The goods are dispatched by post, whereby the provider can choose the service provider. The provider bears the shipping risk if the customer is a consumer.
(4) In the event of a cancellation, the customer must bear the direct costs of the return.
§ 6 Payment methods
(1) The customer can make the payment of his choice via SOFORT bank transfer, Visa & Mastercard, giropay, PayPal or bank transfer (only permitted for business customers who can order on account). The provider is entitled to use other service providers to process payments. In this case, the customer has only paid his contractual obligation to pay the price and shipping costs when the service provider has unrestricted access to the purchase price and shipping costs.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately and without deduction upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, he has to pay the provider default interest for the year amounting to 5 percentage points above the base interest rate.
(4) The customer's obligation to pay default interest does not exclude the provider from asserting further damages due to default. These include, in particular, legal prosecution costs.
(5) The provider is entitled to assign the claim to a debt collection agency in the event of a delay in payment of at least 3 days. In this case, the customer already irrevocably consents to the provider also transmitting the data necessary for debt collection to the debt collection agency. The provider is free to hire a lawyer of his or her choice to collect the debt.
(6) The provider reserves the right to issue all invoices exclusively electronically, for example in .pdf format and by email. An additional charge of €8 (net) will be charged for sending an invoice by post.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items delivered by the provider is 12 months.
(2) An additional guarantee only exists for the goods delivered by the provider if this was expressly provided in the order confirmation for the respective item.
§ 8 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contract-typical, foreseeable damage if this was caused simply through negligence, unless it concerns claims for damages from the customer resulting from injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 also apply to the benefit of the provider's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The liability limitations resulting from paragraphs 1 and 2 do not apply if the provider fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement about the nature of the item. The provisions of the Product Liability Act remain unaffected.
§ 9 Right of withdrawal
(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which the provider provides information below in accordance with the legal model. The exceptions to the right of withdrawal are regulated in paragraph (2). A sample cancellation form can be found in paragraph (3).
Right of withdrawal:
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation 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 goods.
In order to exercise your right of withdrawal, you must inform us (cadout GmbH, Linienstraße 56, 10119 Berlin; info@cadout.de; Tel.: 030-28042353) by means of a clear statement (e.g. a letter sent by post, fax or email). inform you about your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation:
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the low-cost standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
(2) The right of withdrawal does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after delivery. There is also no right of withdrawal for contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
(3) The provider provides information about the model cancellation form in accordance with the legal regulations as follows:
Sample cancellation form
§ 10 Copyrights and other property rights / release of liability in favor of the provider / reasons for rejection of motifs
(1) Every customer is responsible for how he or she develops his or her creativity when creating the product and that he or she does not do this at the expense of others. To the extent that the customer sends the provider a motif or influences the design of the product, for example by uploading an initial file to the provider's website and using it to create the product, for example by editing the initial file (in whatever way) or combines with other data/motifs or creates something specifically, he assures the provider that he does not infringe any rights of third parties (such as trademark rights, copyrights, utility or design rights, personal rights or name rights), in particular that every text used or each The motif used is free of third-party rights. In the same way, he assures that the provider does not violate any rights of third parties by producing and shipping the product.
(2) If there is nevertheless an infringement of the law by the customer or the provider for which the customer is responsible, the customer will indemnify the provider from all claims by third parties that they assert against the provider due to such a violation of their rights.
(3) In the event that a third party substantiates a violation of its rights to the provider, the customer agrees that the provider will make available to a third party all of the customer's data that the third party might need in order to exercise its rights due to a legal violation asserted against the customer.
(4) Of course, we generally do not implement legally prohibited content as a product. This also applies to motives that are likely to discriminate against people based on their origin, sexual orientation, religious beliefs, gender and physical impairments (list not exhaustive). We reserve the right to reject other motifs that do not belong to any of the above categories if this could discriminate against or attack people. We also do not produce motifs that call for violence, agitation and hatred. Payments already made for orders will be refunded and the orders canceled.
§ 11 Permissible technical and design deviations during production
The provider reserves the right to vary from the descriptions on the provider's website, in brochures, on flyers, etc. as part of the production of the product. deviate, especially with regard to colors, materials, dimensions and design, if and to the extent that this is reasonable for the respective customer. Changes to the film material are reasonable if they do not result in a loss of quality. Minor redesigns are also reasonable (e.g. in the area of so-called “webs”) if this facilitates or enables technical feasibility.
§ 12 Data protection
(1) The provider stores and processes the customer's personal data in accordance with the legal provisions and for a specific purpose. The data received will not be passed on by the provider to third parties unless this is necessary to fulfill the contractually owed obligations, in particular the production of the product or for further processing of the contract, such as payment, shipping and debt collection.
(2) Upon written request (text form is sufficient), the customer will receive information about which personal data has been stored by the provider. He can request deletion or blocking as long as the provider is not legally obliged to store it. The provider can request deletion if it absolutely relies on the data, for example if an order has not yet been processed, in particular if not all claims have been paid.
§ 13 Final provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. The legal regulations regarding the restriction of the choice of law and the applicability of mandatory regulations, in particular the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider, whereby the provider has the right has the right to sue the customer at his or her place of residence. This should also apply if the customer moves his place of residence abroad after conclusion of the contract, does not have a general place of jurisdiction in Germany or if the customer's place of residence or usual place of residence is unknown when the lawsuit is filed.
(3) The remaining parts of the contract remain binding even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if available. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole will be ineffective.
As of: August 8, 2022
