Last update: October 20, 2020
General Terms and Conditions of teknow GmbH (AGB)
1 Scope
11.1 The following general terms and conditions apply to all services, products, deliveries and services (“goods”) of teknow GmbH, Nestorstraße 36a, 10709 Berlin, info@teknow.de, registered under HRB 201702 B in the commercial register of the district court Berlin-Charlottenburg, managing director Dr. Marten Huisinga, (“Provider”), which are sold on the basis of a purchase contract with a buyer (“Customer”), especially via the platform www.teknow.de. Customers in the sense of these terms and conditions are consumers according to § 13 BGB and entrepreneurs according to § 14 BGB.
According to § 13 BGB, a consumer is a natural person who concludes a legal transaction for a purpose that cannot be attributed to their professional activity.
According to Section 14 of the German Civil Code, an entrepreneur is a natural or legal person or a legal partnership who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.2 The general terms and conditions are available at www.teknow.de. These terms and conditions apply exclusively to the business relationship between provider and customer in the version valid at the time of the conclusion of the purchase contract. Insofar as the customer also uses general terms and conditions, the general terms and conditions of teknow GmbH take precedence, unless the parties agree otherwise in writing.
1.3 Deviating or supplementary provisions of the customer to these General Terms and Conditions do not apply, unless the provider has expressly agreed to the deviating or supplementary provisions in writing.
1.4 In the context of a permanent business relationship with entrepreneurs, the general terms and conditions also apply to future business between the parties, even if the provider has not expressly referred to the inclusion of the general terms and conditions when concluding the purchase contract.
1.5 The contract text is published in German. If translations are available, the German version is legally binding.
2. Offer, ordering process and conclusion of a sales contract
2.1 The provider provides a web-based design and production environment (“online workshop”) at www.teknow.de. The use of this service is free of charge for the customer. There is no entitlement to uninterrupted service availability.
2.2 In order to be able to order workpieces, the customer needs a customer account. If the customer already has a customer account, he can log in with his login name and password. Otherwise, the customer has the option of creating a new customer account.
2.3 The offer includes a detailed description of the production methods and the materials offered, as well as information on their use. These are not a legally binding offer, but are an aid for the customer to make a binding offer to conclude a sales contract. No guarantee is given for the correctness of the presentation.
2.4 The offer also includes sample drawings and drawings that other customers make available to the public domain, as well as public domain design projects. Technical data and descriptions in the project information do not represent any assurance of certain properties by the provider. The use of the drawings and other information is at the customer’s own risk, any guarantee for correctness, accuracy, suitability for a specific purpose is not accepted.
2.5 In the production environment, teknow provides the customer with CAD software with an assistant who supports the customer in complying with the method-specific production rules. A guarantee that all production rules have been observed is not accepted. This does not ensure the suitability of the workpiece for a specific purpose.
2.6 If the customer has created a producible drawing, teknow automatically determines the price for a single workpiece. The customer can take the workpiece into his virtual shopping cart by clicking the “Add to shopping cart” button and enter the desired number of items, which results in the offer price taking price scales into account. The shipping costs are determined automatically.
2.7 All offers from teknow are subject to change and non-binding. By ordering the shopping cart via the teknow platform, the customer makes a binding contract offer. If the provider confirms receipt of the customer’s order by e-mail, this confirmation of receipt does not constitute a binding acceptance of the order for the conclusion of the purchase contract. The provider is entitled to accept the contract offer contained in the order within five working days. The acceptance or rejection of the contract offer is explained within the teknow platform via the status field of the order (processing / rejected).
3 prices and payment
3.1 The prices on the workpieces are net prices plus statutory sales tax. The prices are non-binding and can be changed by the provider at any time. The prices apply from the place of production.
3.2 Costs for packaging and shipping are shown separately in the shopping cart. The amount of the shipping costs depends on the dimensions and weight of the goods. If the shopping cart contains workpieces with different manufacturing methods, several shipping items are usually displayed, unless the manufacturing takes place at the same location. The shipping costs include packaging. The net amount, sales tax and gross amount of the order are also displayed in the shopping cart.
3.3 The invoice amount is to be paid immediately without deduction, provided that no other payment target is specified on the invoice.
3.4 Credit card bills are carried out by PAYONE GmbH, Lyoner Straße 9, 60528 Frankfurt / Main, Germany, HRB 116860, Managing Directors: Niklaus Santschi, Frank Hartmann, Björn Hoffmeyer, Roland Schaar, Carl Frederic Zitscher. Chairman of the Supervisory Board: Ottmar Bloching. Payment information: The transaction currency is the euro. The card is debited when the order is placed; teknow GmbH appears as a “descriptor” on the credit card statement.
4 deliveries and services, delivery times
4.1 The expected delivery date is communicated to the customer within the teknow platform via the data field “expected delivery date” in the view of the order. Agreed delivery dates are considered met if the goods have been handed over to the parcel service or the forwarding agent on the agreed delivery date. The notified delivery date is only agreed subject to timely delivery by the manufacturer and / or teknow suppliers. If the timely delivery is delayed due to force majeure, in particular due to government measures, failure to issue official permits, industrial disputes of all kinds, sabotage and / or late material deliveries, the agreed delivery time will be extended accordingly.
4.2 If the delivery is not made within the stated deadlines, the provider will only be in default if the customer has given him a reasonable grace period in writing. In the case of late deliveries, claims for damages against the provider are only given in the event of intent and gross negligence. The right of the customer to withdraw after the fruitless expiry of a reasonable grace period remains unaffected.
4.3 Further claims by the customer due to delay, in particular due to indirect damage or consequential damage, lost profit or loss of production are excluded. This does not apply if the provider is liable due to intent or gross negligence or culpable injury to life, limb or health.
4.4 The provider is entitled to a partial delivery of the goods. If the order contains workpieces with different manufacturing methods, this will usually be the case since the manufacturing is not carried out at the same location.
5 conditions for delivery to entrepreneurs
5.1 The provider carries out the shipping for the customer at his risk and expense with the care of a proper businessman. The risk is transferred to the customer at the latest when the goods are dispatched, even if partial deliveries are made.
5.2 If the customer is located in another member state of the European Union, the customer is obliged to notify his trade and his VAT identification number, via which the delivery is to be processed, before sending.
5.3 The goods are delivered ex works. (Incoterms® 2010: EXW)
6 conditions for delivery to consumers, right of withdrawal
6.1 The delivery of goods takes place on the way to the delivery address given by the customer.
6.2 If the transport company sends the goods back to the provider because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the provider announced the service to him a reasonable time in advance would have. The announcement of the start of shipping takes place within the teknow platform by specifying a tracking ID as a link. The customer can query the arrival time of the delivery via this link.
6.3 The right of withdrawal does not exist in accordance with §312g (2) (1) of the German Civil Code (BGB) for a distance contract for the delivery of goods that were made according to the consumer’s specification. Since teknow only offers such non-prefabricated types of goods, there is basically no right of withdrawal.
6.4 The goods will be sent by the provider to the delivery address specified by the customer. The risk of accidental loss and accidental deterioration of the goods (“passing of risk”) occurs when the goods are made available at the place of performance.
7 retention of title
7.1 The provider reserves ownership towards consumers until the purchase price has been paid in full.
7.2 The provider retains ownership of the goods from entrepreneurs until all payments from the purchase contract with the customer have been received. The customer must ensure the safe and proper storage of the goods owned or co-owned by the provider.
8 Warranty and liability
8.1 Claims for defects on the part of the entrepreneurial customer require that the customer has properly complied with his obligations to examine and give notice of defects according to § 377 HGB.
8.2 The customer will immediately report a material defect in writing. The complaint must characterize the goods as precisely as possible, e.g. Order number, article number, invoice number included.
8.3 If there is a defect in the purchased item, the provider is free to choose the type of supplementary performance in the form of remedial action or delivery of a new defect-free item vis-à-vis the entrepreneurial customer. If the supplementary performance fails more than twice, the customer is entitled to reduce the purchase price or to withdraw from the contract. If the customer does not give the provider the opportunity to remedy the defect within a reasonable time, the provider is released from liability for material defects.
8.4 Goods that have been criticized by the customer must be made available to the provider on request. The defective goods exchanged by means of supplementary performance become the property of the provider.
8.5 If a customer’s notice of defects proves to be unjustified, the customer is obliged to reimburse the proven expenses incurred in connection with the alleged rectification of the defect.
8.6 The limitation period for claims for defects in the case of new items for customers who act as consumers is two years from the delivery of the goods to the customer and for entrepreneurial customers one year from the transfer of risk.
8.7 The provider is liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of the provider’s legal representatives or their vicarious agents. As far as the provider is not accused of deliberate or grossly negligent breach of contract, liability for damages is excluded. This also applies to the violation of ancillary obligations.
8.8 Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability according to the Product Liability Act and other mandatory legal regulations.
8.9 In the event of a delay in delivery for which the provider is responsible, the provider is liable according to the statutory provisions, whereby damage caused by delay is only compensated up to the amount of the foreseeable, typically occurring damage if the provider or a legal representative or vicarious agent can be accused of intent or gross negligence.
8.10 Unless otherwise stipulated above, liability is excluded.
9 rights in case of lack of rights
9.1 The provider provides a delivery of goods in Germany free of industrial property rights and copyrights of third parties (“property right”). The goods are subject to a legal defect if a third party can impair the property, possession or use of the goods or the law due to private or public law.
10 Other liability, damages
10.1 The provider provides application technology or other advice to the best of its knowledge. This does not justify a liability claim of the customer against the provider for compensation. In particular, this does not release the customer from his obligation to check the goods on his own responsibility for the intended use. This also applies if the purpose of the customer is known to the provider.
10.2 The provider is not liable for the functionality of data networks, servers or data lines to his data center and the constant availability of the teknow platform, the online workshop and the CAD system.
11 Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
11.2 The provider is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
12 final provisions
12.1 Additions or changes to this contract must be in writing. This also applies to this written form clause.
12.2 The place of performance and jurisdiction is, as far as legally permissible, for services and all disputes arising between the parties, the location of the provider. In the case of end consumers, the place of performance and jurisdiction is the buyer’s registered office. If the private end consumer is not domiciled within the European Union, the place of jurisdiction is at the domicile of the provider. When dealing with end users within the European Union, the law at the place of residence of the end user may also apply, provided that it is mandatory that there are consumer law provisions.
12.3 For consumers and for other persons with a normal place of residence or residence in a member state of the European Union (EU) or the European Economic Area (EEA) at the time of the conclusion of the contract, German law applies to the exclusion of the UN sales law. For consumers with a habitual residence in a country that is neither a member of the EU nor the EEA, German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and German consumer protection law. Irrespective of this choice of law, consumers within the EU are always subject to the mandatory consumer protection law of the state in which they are habitually resident at the time the contract is concluded.
12.4 If one or more of the clauses of this contract are ineffective or should become in the course of time, the effectiveness of the remaining contract remains unaffected. The statutory provisions replace the ineffective clauses. The legal regulations also apply in the event of any gaps or omissions.