(1) All offers, purchase contracts, deliveries and services on www.rapidfacture.com (Rapidfacture) are subject to these General Terms and Conditions. All contracts will directly come into effect between the Customer and Rapidfacture.
(2) Products offered by Rapidfacture are aimed equally at private and corporate customers. For the purpose of these Terms and Conditions, a private customer is any natural person to whom the purpose of the contract can not be attributed to any commercial or independent professional activity (§ 13 BGB). A corporate customeris a natural or legal person or a legal partnership that acts in the execution of the contract in the exercise of their commercial or independent professional activity (§ 14
(3) Terms and Conditions of the customer do not apply, even if we do not separately contradict their validity in individual cases.
(4) In individual cases, individual agreements with the customer (including collateral agreements, additions, changes) have priority over these GTC. Such agreements shall be governed by a written contract or a written confirmation from Rapidfacture.
(1) When using the online-portal www.rapidfacture.com, the customer can use various services. This includes for example sending finished technical drawings to Rapidfacture and creating new technical drawings in the Rapidfacture Online-CAD. The customer undertakes to comply with these Terms and Conditions and the applicable law, in particular criminal law, competition law, trademark law, copyright law, privacy right, data protection law when using the online-portal and do not violate any rights of third parties.
(2) The user is prohibited from manipulating the operation of the online-portal or the underlying technical infrastructure and its functions. Copying, overwriting, 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 the user profile is protected by a user name and a password (hereinafter login data)
(2) The customer assures that the data used in the creation of his account or the user profile are correct and complete. The customer is obliged to change any revised data immediately in his account or user-profile on the online-portal.
(3) The customer can delete his account or his user-profile at any time irrevocably. The notice of termination must be sent by e-mail to email@example.com or by mail to Rapidfacture GmbH, Lerchenhöhe 22, DE-85276 Pfaffenhofen.
(1) Our offers are always non-binding.
(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 of the conclusion of the purchase contract.
(3) We will send the customer a confirmation of receipt immediately upon receipt of the request. This does not constitute acceptance of the offer. Rapidfacture will review the offer, submitted by the customer, for its legal and factual feasibility. The offer shall only be deemed accepted by us as soon as we declare acceptance to the customer (via e-mail) or send the goods. The contract with the customer comes only with our acceptance. Unless otherwise stated in the order, we are entitled to accept the contract offer within two weeks of its receipt.
(4) Rapidfacture is entitled, i.a. to withdraw in whole or in part of any following cases:
(a) The manufacturing or delivery of the product is made considerably more difficult or impossible due to force majeure and events (in particular war or emergency conditions, unrest, strike, lockout, official order, raw material shortage and illnesses; also , all of which are also provided by suppliers of Rapidfacture).
(b) The manufacturing of the product is subject to particular technical problems which were not foreseeable at the time of the order.
(c) The manufacturing of the product through Rapidfacture is unacceptable for economic reasons, which were not foreseeable at the time of the order.
(d) The customer becomes insolvent or the insolvency proceedings are opened over the assets of the customer.
(1) Our prices include the statutory sales tax, packaging and shipping costs. Any duties, fees, taxes and other public charges shall be borne by the customer.
(2) Unless otherwise agreed, the payment is made at the customer's option by invoice/bank transfer or by PayPal.
(3) The invoices are sent electronically to the customer's registered e-mail address. Customers domiciled in Germany also have the right to demand the mailing of a bill from Rapidfacture within 6 months of the date of issue. To do this, the customer must send an e-mail to firstname.lastname@example.org.
(4) For delivery on account, the payment is unless otherwise agreed due within 5 working days after receipt of the invoice to the customer.
(5) In certain cases, Rapidfacture reserves the right to sell the goods exclusively by cash in advance. The payment must then be made within 3 working days.
(6) The customer has no right of set-off or retention, unless the counterclaim is undisputed or legally established.
(7) After the due date, Rapidfacture can charge default interest in the amount 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. With respect to merchants, the claim of Rapidfacture on the commercial maturity interest according to §353 HGB remains unaffected.
(1) The products are manufactured according to the product specifications given by the customer. The usability of the product for a customer's intended purpose is 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 a request to Rapidfacture and subsequently receives information from the executed manufacturing partner, the customer may not bypass the order from Rapidfacture to place his order directly at the Rapidfacture manufacturing-partner.
(1) Unless otherwise agreed, Rapidfacture determines the mode of shipment and the carrier. We are entitled to partial deliveries of separately usable products, whereby we carry the additionally caused shipping costs.
(2) We owe only the timely, proper delivery of the goods to the carrier and are not responsible for delays caused by the carrier. A shipping time specified by us is therefore not binding.
(3) For private customers, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods is transferred to the customer at the time the goods are delivered to the customer or the customer defaults on acceptance. In all other cases, the risk passes to the customer when the goods are delivered to the transport company.
(4) We insure the goods on explicit customer request against the usual transport risks.
(5) The customer may not refuse to accept deliveries with minor defects.
(1) Unless a fixed shipping date has been agreed, specified deadlines and dates for shipping the goods are only approximate and may be exceeded by up to five working days.
(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 of the conclusion of the purchase contract.
(3) The date of delivery of the goods by us to the shipping company is decisive for compliance with the shipping date.
(4) If we can not comply with binding delivery times, we will inform the customer immediately and notify the expected new delivery deadline. If the service is not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; we will reimburse immediately any consideration which are already provided by the customer. The unavailability of goods or services in this sense particularly includes our suppliers failing to deliver in good time if we have entered into a congruent covering transaction, if we have concluded a congruent hedging transaction, neither we nor our suppliers are at fault and we are not obliged to procure in individual cases. The same applies to the extent that the individual examination of the order before the start of production proves that the ordered part can not be produced technically on common machines.
(5) The occurrence of our delay in delivery is determined according to the statutory regulations. In any case a reminder by the customer is absolutely necessary. In the event of delivery, the customer can claim. Die Schadenspauschale beträgt für jede vollendete Kalenderwoche des Verzugs 0,5% des Nettopreises (Lieferwert), insgesamt höchstens 5% des Lieferwerts der verspätet gelieferten Ware. Uns bleibt der Nachweis vorbehalten, dass dem Kunden kein Schaden oder nur ein wesentlich geringerer Schaden als vorstehende Pauschale entstanden ist.
(1) Until the full payment of the purchase price is done all the delivered products are owned by Rapidfacture.
(2) The customer is not entitled, without our prior written consent, to resell the goods subject to retention of title delivered by us.
(3) The customer is authorized to process the goods subject to retention of title in the ordinary course of business in accordance with the following provisions:
(a) The retention of title extends to the full value of the products resulting from the processing, mixing or combination of our goods, whereby we are considered the manufacturer. If, during processing or connection with goods of third parties, their ownership rights remain, we acquire co-ownership in proportion of the invoice value of the processed or connected 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 its entirety or in the amount of our possible co-ownership share, in accordance with the preceding paragraph. We accept the assignment.
(c) To collect the claim, the customer remains authorized next to 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 petition for the opening of insolvency proceedings has been filed and no other lack of his efficiency exists. However, if this is the case, we can demand that the customer notify us of the assigned claims and their debtors, provide all information necessary for collection, hand over the associated documents and notify the debtors (third parties) of the assignment.
(1) Rapidfacture guarantees the production of perfect goods according to manufacturing aspects. For this purpose technical details made in drawings such as dimensions and surface properties are decisive. The function of components in use can not be guaranteed because Rapidfacture neither knows the intended use nor is it involved in the design. For damaged or destroyed components (for example, too high forces, corrosion, continuous stress, wrong choice of material) is therefore not guaranteed.
(2) The warranty period from delivery is two years for private customers, twelve months for business customers.
(3) Private customers we ask for a direct examination of the received goods. Obvious defects, wrong deliveries, incorrect or additional quantities must be reported to us in writing within 2 weeks after the occurrence of the defect. Claims for damages of the customer due to obvious material defects of the delivered goods are excluded, if the defect is not reported to us within a period of two weeks after delivery of the goods. In the case of material defects, rectification of defects or delivery of faultless goods may be required. The defective goods have to be returned to Rapidfacture in any case.
(4) If the supplementary performance fails or is unacceptable to the customer or Rapidfacture refuses subsequent performance, the customer is entitled in each case in accordance with applicable law, to withdraw from the contract, to reduce the purchase price or to claim damages or reimbursement of his futile expenses.
(5) Technical data and material prices on our website are reference values, for the correctness of which no liability is assumed. The calculation software of the website serves as a help for rough layout. Rapidfacture does not guarantee the correctness of the results.
(1) Unless otherwise results from these General Terms and Conditions and the subsequent provisions, we will be liable on violation of the contractual and non-contractual duties, according to the relevant legal regulations.
(2) Rapidfacture is liable for damages for whatever legal reason in case of intent or 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 violation of a material contractual obligation. In this case, liability is limited to compensation for foreseeable, typically occurring damage. For damages from impossibility and delay Rapidfacture is liable for the violation of cardinal obligations.
(3) These limitations of liability do not apply to fraudulently concealed defects, violation of an additionally agreed quality guarantee or customer claims under the product liability law.
(4) In the case of a breach of duty outside of defects, the purchaser can only resign or terminate if Rapidfacture is responsible for the infringement. A free right of termination of the orderer - in particular gem. §§651, 649 BGB - is excluded. The legal requirements and legal consequences apply.
(5) The data communication via the Internet can not be guaranteed error-free and/or available at any time, according to the current state of the art. In this respect, Rapidfacture is not liable for the continuous or uninterrupted availability of the website and the services offered there.
(6) In case of infringement of foreign property rights by a delivery item according to drawings, models, samples, developments or other information of the customer or using parts provided by the customer, the customer has to indemnify us from claims and to compensate the damages incurred as well as the necessary costs of legal defense as far as the customer is responsible for the breach of duty.
(1) There is no right of withdrawal according to the statutory provisions (§312 g BGB), as all products distributed by us, including all products on our website, are individually manufactured to customer specifications, not prefabricated goods. However, if an order is not yet in production, an order may be canceled at the discretion of Rapidfacture. In this case we ask you to contact us immediately by phone.
(2) Although we only sell custom-made products without right of revocation, the legislator causes us to point out the customary right of withdrawal of private customers for prefabricated goods: You have the right to withdraw from this contract within 14 days without giving reasons. The cancellation period is 14 days from the day on which you or a third party named by you, who is not a carrier, has taken possession of the goods. To revoke, you must send us a statement by letter, fax or e-mail about your decision by a clear statement within the cancellation period. You can find our cancellation form here for download
(1) The contract of sale existing between us and the customer is subject to the law of the Federal Republic of Germany, excluding the UN Convention on the International Sale of Goods (CISG) - subject to mandatory international private law regulation. Jurisdiction of all disputes is based on the statutory provisions.
(2) If the customer is a businessman in the sense of §1, section 1 of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, only the courts at the headquarters of Rapidfacture are responsible for all disputes arising out of or in connection with the contractual relationship in question. In all other cases, we or the customer may file suit before any court of competent jurisdiction.
(3) Claims of the customer from the contract are not transferable or assignable.
(4) The place of jurisdiction is Ingolstadt.