Terms and Conditions
1. General
These Terms and Conditions apply to all contracts between thebladesmithy.com and the customer. By placing an order, the customer accepts these Terms and Conditions.
2. Offer and Conclusion of Contract
The offers on the internet are non-binding and not a binding offer to conclude a purchase agreement. By clicking the “Buy” button, you submit a binding offer to purchase the goods in the shopping cart. The purchase contract is only concluded when we accept your offer by sending an order confirmation by email.
3. Prices and Shipping Costs
All prices are in Euro and include the statutory value-added tax. Additional shipping costs are not included in the purchase price and will be displayed separately during the ordering process and must be borne by the customer.
4. Delivery
Delivery is made to the delivery address specified by the customer. Delivery times are non-binding unless otherwise agreed in writing. We are not liable for delays in delivery due to force majeure or events that make delivery significantly more difficult or impossible.
5. Retention of Title
The goods remain our property until full payment has been received.
6. Right of Withdrawal for Consumers
If you are a consumer (i.e., a natural person who concludes the contract for purposes that cannot be predominantly attributed to your commercial or self-employed professional activity), you have a right of withdrawal.
Withdrawal policy
You have the right to withdraw from 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 other than the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must inform us (The Blade Smithy) of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post or email). To meet the withdrawal deadline, it is sufficient that you send the notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received the notification of your withdrawal from this contract. We will use the same means of payment for the reimbursement that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement. We may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to 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.
7. Warranty
The statutory warranty rights apply.
8. Liability
We are liable without limitation for intent and gross negligence. In the event of simple negligence, we are only liable for damage resulting from injury to life, body, or health or from the breach of an essential contractual obligation (cardinal obligation). Cardinal obligations are those obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly relies and may rely. In the event of a breach of cardinal obligations due to simple negligence, our liability is limited to the contractually typical, foreseeable damage. The above limitations of liability do not apply if we have fraudulently concealed a defect or have given a guarantee for the quality of the item. Liability under the Product Liability Act remains unaffected.
9. Data Protection
The personal data provided by the customer when placing the order will be processed and used by us in compliance with the data protection regulations. We do not pass on personal data to third parties without the customer’s express consent, unless this is necessary for the processing of the contract. Further information can be found in our privacy policy at thebladesmithy.com.
10. Final Provisions
The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the customer has his habitual residence. The European Commission provides an online dispute resolution (ODR) platform: http://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
