(1) All offers, purchase contracts, deliveries and services on www.rapidfacture.com (Rapidfacture) are subject to these General Terms and Conditions (GTC). All contracts are concluded with Rapidfacture GmbH.
(2) The Rapidfacture product range is aimed equally at private and corporate customers. For the purposes of these GTC, a “private customer” is any natural person for whom the purpose of concluding the contract cannot be attributed to a commercial or independent professional activity (§ 13 of the German Civil Code – BGB). A “corporate customer” is a natural or legal person or a partnership with legal capacity who, when concluding the contract, is exercising their commercial or self-employed professional activity (§ 14 Para. 1 BGB).
(3 ) The customer’s terms and conditions do not apply, even if we do not specifically object to their validity in individual cases.
(4) Individual agreements made with the customer in individual cases ( including ancillary agreements, additions, changes) take precedence over these GTC. A written contract or our written confirmation is decisive for such agreements.
(1) When using the online portal www.rapidfacture.com, the customer can make use of various services. This includes, for example, sending finished technical drawings to Rapidfacture and creating new technical drawings in Rapidfacture online CAD. When using the online portal, the customer undertakes to observe these GTC and applicable law, in particular criminal, competition, trademark, copyright, personality and data protection law and not to infringe any third-party rights.
(2) The user is prohibited from manipulating the operation of the online portal or the technical infrastructure behind it and its functions. Copying, overwriting, and modifying the programming code and/or other content is also prohibited.
(1) With successful registration on www.rapidfacture.com, the customer receives an account. Corporate customers can also create users or a user profile for the respective employees. The account or user profile is protected by a user name and password (hereinafter “login data”), which are specified during registration. The customer must ensure that his login data is not accessible to third parties. If the login data is lost or if there is a suspicion that a third party has knowledge of it or is using the customer’s account, the customer is obliged to inform Rapidfacture immediately and to change his login data.
(2) The customer assures that the data used to create his account or user profile is correct and complete. The customer is obliged to immediately change any changes to his account and profile data in his account or user profile on the online portal.
(3) The customer can irrevocably delete his account or user profile at any time. The termination must be sent in writing by email to email@example.com or by post to Rapidfacture GmbH, Lerchenhöhe 22, DE-85276 Pfaffenhofen.
(1) Our offers are always subject to change and non-binding.
(2) All delivery periods begin on the day with advance payment receipt of the full purchase price. When paying by cash on delivery/invoice on the day the purchase contract is concluded.
(3) We will send the customer confirmation of receipt immediately after receipt of the request. This does not constitute acceptance of the offer. Rapidfacture checks the offer made by the customer for its legal and actual feasibility. The offer is only deemed to have been accepted by us as soon as we declare acceptance to the customer (by e-mail) or send the goods. The contract with the customer only comes into existence upon our acceptance. Unless otherwise stated in the order, we are entitled to accept the contract offer within 2 weeks of receipt.
(4) Rapidfacture is entitled to withdraw in whole or in part in the following cases, among others:
(a) The manufacture or delivery of the product is canceled due to force majeure and events (in particular war or states of emergency, unrest, strikes, lockouts, official orders, shortage of raw materials and illnesses; all of this also with suppliers of Rapidfacture) made significantly more difficult or impossible;
(b) The manufacture of the product is with special technical problems that were not foreseeable at the time of the order;
(c) Rapidfacture cannot reasonably be expected to manufacture the product for economic reasons that were not foreseeable at the time of the order;
(d) Customer becomes insolvent or insolvency proceedings are opened against Customer’s assets
(1) Our prices include statutory sales tax, packaging and shipping costs. The customer must bear any customs duties, fees, taxes and other public charges.
(2) Unless otherwise agreed, payment is made at the customer’s option by invoice/bank transfer or via “PayPal”.
(3) Invoices are sent electronically to the customer’s email address. Customers based in Germany also have the right to request Rapidfacture to send an invoice by post within 6 months of the date of issue by sending an email to firstname.lastname@example.org.
(4 ) In the case of delivery on account, unless otherwise agreed, payment is due within 5 working days after receipt of the invoice by the customer.
(5) In certain cases Rapidfacture reserves the right to only sell the goods in advance. Payment must then be made within 3 working days.
(6) The customer has no right of offsetting or retention unless the counterclaim is undisputed or has been legally established. p>
(7) After the due date, interest on arrears can be charged at a rate of 8% above the respective base interest rate, but at least 12% per year. Rapidfacture reserves the right to assert further damage caused by delay. Rapidfacture’s entitlement to the commercial default interest rate according to Section 353 of the German Commercial Code (HGB) remains unaffected by merchants.
(1) The products are manufactured according to the product specifications provided by the customer. The usability of the product for a purpose intended by the customer is at the customer’s risk.
(2) The products are manufactured by third parties or by Rapidfacture itself. Rapidfacture is not obliged to inform the customer about this.
(3) If the customer makes an inquiry to Rapidfacture and then gets information from the manufacturing partner to be executed, the customer may place the order at Rapidfacture to place your order directly with the Rapidfacture production partner.
(5) If not specified more precisely, the general tolerances according to DIN 2768 apply to the dimensions of the delivered components -m.
(1) Unless otherwise agreed, Rapidfacture determines the shipping method and the transport company. We are entitled to partial deliveries of products that can be used separately, whereby we bear the additional shipping costs incurred.
(2) We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A delivery time specified by us is therefore non-binding.
(3) For private customers, the risk of accidental loss, accidental damage or accidental loss of the delivered goods passes at the time of the customer, in which the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk passes to the customer upon delivery of the goods to the transport company.
(4) We insure the goods against the usual transport risks at the explicit request of the customer.< /p>
(5) The customer may not refuse to accept deliveries in the event of minor defects.
(1) Unless a fixed shipping date has been agreed, the deadlines and dates specified for shipping the goods are always approximate and may be exceeded by up to five working days. p>
(2) All delivery periods begin with advance payment on the day of receipt of the full purchase price. When paying by cash on delivery/invoice on the day the purchase contract is concluded.
(3) The day we hand over the goods to the shipping company is decisive for compliance with the shipping date.
(4) If if we are unable to meet binding delivery times, we will inform the customer of this immediately and communicate the expected new delivery time. If the service is also not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; we will immediately refund any consideration already provided by the customer. A case of non-availability of the service in this sense is, in particular, failure to receive delivery from our suppliers in good time if we have concluded a congruent hedging transaction, neither we nor our suppliers are at fault or we are not obliged to procure in individual cases. The same applies if the individual check of the order carried out before the start of production shows that the ordered workpiece cannot be technically produced on conventional machines.
(5) The occurrence of our delay in delivery determined according to the legal regulations. In any case, a reminder by the customer is required. In the event of a delay in delivery, the customer can demand lump-sum compensation for the damage caused by the delay. The flat-rate compensation for damages amounts to 0.5% of the net price (delivery value) for each completed calendar week of delay, a maximum of 5% of the delivery value of the goods delivered late. We reserve the right to prove that the customer suffered no damage or only a significantly lower damage than the above flat rate.
(1) The goods remain the property of Rapidfacture until the purchase price has been paid in full.
(2) The Without our prior written consent, the customer is not entitled to resell the goods that are subject to retention of title.
(3) The customer is authorized to sell the goods that are subject to retention of title in the orderly course of business in compliance with the following provisions:
(a) The retention of title extends to the products created by processing, mixing or combining our goods at their full value, whereby we are considered the manufacturer. If third-party goods are processed or combined with third-party goods, we acquire co-ownership in proportion to the invoice value of the processed or combined goods. The same applies to the resulting product as to the goods delivered under retention of title.
(b) The customer hereby assigns to us the claims against third parties arising from the resale of the product in total or in the amount of our possible co-ownership share in accordance with the preceding paragraph. We accept the assignment.
(c) The customer remains authorized to collect the claim alongside us. We undertake not to collect the claim as long as the customer meets his payment obligations to us, does not default in payment, no application for the opening of insolvency proceedings has been filed and there is no other deficiency in his ability to pay. If this is the case, however, we can demand that the customer informs us of the assigned claims and their debtors, provides all the information required for collection, hands over the relevant documents and notifies the debtors (third parties) of the assignment.
< h3>11. Guarantee
(1) Rapidfacture guarantees the production of flawless goods in terms of production technology. The technical details given in the drawings, such as dimensions and surface properties, are decisive for this. The function of components in use cannot be guaranteed, since Rapidfacture neither knows the intended use nor is involved in the design. There is therefore no warranty for damaged or destroyed components (e.g. excessive forces, corrosion, permanent stress, incorrect choice of material).
(2) The warranty period from delivery is two years for private customers , twelve months for business customers.
(3) We ask private customers to check the goods received immediately. Obvious defects, incorrect deliveries, missing or excess quantities must be reported to us in writing within 2 weeks of the defect occurring. Claims for damages by the customer due to obvious material defects in the delivered goods are excluded if we are not notified of the defect within a period of two weeks after delivery of the goods. In the case of material defects, rectification of the defect or the delivery of goods free of defects can be requested. The defective goods must be returned to Rapidfacture in any case. Corporate customers must examine the goods carefully immediately after they have been sent. The goods are deemed to have been approved by the customer if obvious defects are not reported to us within five working days of delivery or minor defects are not reported to us within five working days of their discovery. In the event of defects, Rapidfacture can choose between remedying the defect or delivering goods free of defects, whereby the decision on this is made to the customer in text form (also by fax or e-mail) within three working days after notification of the defect. We can refuse the type of supplementary performance chosen by the customer if this is only possible with disproportionate costs.
(4) If supplementary performance fails, is unreasonable for the customer or if we carry out the supplementary performance refuse, the customer is entitled, in accordance with the applicable law, to withdraw from the purchase contract, to reduce the purchase price or to demand damages or reimbursement of his futile expenses.
(5) In the case of technical Data and material prices on our website are guide values for which no guarantee is given. The calculation software on the website serves as an aid to the rough design. Rapidfacture assumes no liability for the correctness of the results.
(1) Unless otherwise stated in these terms and conditions, including the following provisions, we are liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
(2) Rapidfacture is liable for damages, for whatever legal reason, in the event of intent and gross negligence. In the case of simple negligence only for damages resulting from injury to life, limb or health as well as for damages resulting from the breach of an essential contractual obligation. In this case, however, liability is limited to compensation for the foreseeable, typically occurring damage. Rapidfacture is liable for damages resulting from impossibility and delay due to the breach of cardinal obligations.
(3) These limitations of liability do not apply to fraudulently concealed defects, to the violation of an additionally agreed guarantee of quality or to customer claims the Product Liability Act.
(4) In the event of a breach of duty outside of defects, the customer can only withdraw or terminate if Rapidfacture is responsible for the breach. A free right of termination of the customer – in particular according to §§ 651, 649 BGB – is excluded. The legal requirements and legal consequences apply.
(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of the art. In this respect, Rapidfacture is not liable for the constant or uninterrupted availability of the website and the service offered there.
(6) developments or other information provided by the customer or using parts provided by the customer, the customer must indemnify us from claims and compensate for the damage incurred and assume the necessary costs of legal defense if the customer is responsible for the breach of duty.13. Cancellation policy
(1) There is no right of cancellation according to the statutory provisions (§ 312 g BGB), as all products sold by us, including all products on our website, are individual goods that are manufactured according to customer requirements and not prefabricated. However, if an order is not yet in production, an order may be canceled at Rapidfacture’s discretion. In this case we ask you to contact us immediately by phone.
(2) Although we only sell custom-made products without a right of withdrawal, the legislator prompts us to point out the usual right of withdrawal for private customers for prefabricated goods: You have the right to withdraw from this contract within 14 days without giving a reason to revoke. The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the goods. To cancel, you must send us a clear statement (by letter, fax or email; you can find our cancellation form here Download) send a message about your decision within the cancellation period.
(1) The sales contract existing between us and the customer is subject to mandatory international private law regulations, the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant iSd. § 1 paragraph 1 of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts at Rapidfacture’s registered office are exclusively responsible for all disputes arising from or in connection with the contractual relationship in question. In all other cases, we or the customer can bring an action before any court having legal jurisdiction.
(3) The customer’s claims arising from the contract are not transferable or assignable.< /p>
(4) The place of jurisdiction is Ingolstadt.