Terms and Conditions

Section 1 Scope and provider

(1) These terms and conditions govern all contracts concluded through the website dynamicparts.eu between Dynamic Parts GmbH, Max-Eyth-Str. 8, 72348 Rosenfeld, Germany (“Dynamic Parts”, “we”, “us”) and the customer. The managing director authorised to represent the company is Konstantin Sommer. You can reach us by phone on +49 15679 830679 and by email at info@dynamicparts.eu. Further provider details, in particular the registering court, registration number and VAT identification number, are set out in our Imprint.

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (section 13 of the German Civil Code, BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its trade, business or profession when concluding the contract (section 14 BGB).

(3) The version of these terms in force at the time of the order applies. Deviating, conflicting or supplementary terms of the customer do not become part of the contract unless we have expressly agreed to their validity in text form.

(4) The customer indicates during checkout whether they are ordering as a consumer or as an entrepreneur. Where the customer orders as a business, the provisions of these terms intended for entrepreneurs apply; the indication is stored with the order.

Section 2 Conclusion of contract

(1) The presentation of manufacturing services, materials and prices on our website and in the online configurator is not a binding offer, but a non-binding invitation to the customer to submit an offer.

(2) The customer configures a part in the browser or uploads their own design file (for example DXF or STEP), selects material, thickness, finish and quantity, and adds the part to the cart. During checkout the customer enters the delivery address and selects a payment method. All order details are shown in an order summary before the order is submitted.

(3) By clicking the button that completes the order process (labelled “Buy now”, in the German version “Zahlungspflichtig bestellen”), the customer submits a binding offer to conclude a contract for the delivery of the configured, made-to-order parts.

(4) We confirm receipt of the order by email without undue delay. This acknowledgement of receipt does not yet constitute acceptance of the offer.

(5) We may accept the order within four working days (Section 8(2)) of its receipt, either by sending a separate order confirmation in text form or by dispatching the goods. We send the order confirmation at the latest when production begins. The contract is concluded when the order confirmation reaches the customer or when the goods are handed over to the shipping company. If we do not accept the order within this period, it is deemed rejected and no contract comes into existence.

(6) The purchase price is collected when the order is placed and therefore before acceptance (Section 7(1)). If no contract comes into existence under paragraph 5, or if we reject the order under paragraph 7, we refund the amount collected without undue delay and in full using the same means of payment.

(7) We may reject an order, in particular if the submitted design data cannot be manufactured, if manufacturing would breach statutory provisions or third-party rights, or if the selected material is unavailable.

Section 3 Contract text, contract language and input errors

(1) We store the contract text. Together with the acknowledgement of receipt under Section 2(4), we send the customer the order details and the full wording of these terms and of the withdrawal policy, including the model withdrawal form, by email, each in the version applicable at the time of the order. Orders placed with a customer account can also be viewed at any time in the account under “Orders”, orders placed without one through the link in the acknowledgement of receipt. The current version of these terms can be accessed, printed and saved at dynamicparts.eu/en/terms-of-service.

(2) The contract languages are German and English. The German version of these terms governs the content of the contract.

(3) Before submitting a binding order, the customer can change their entries at any time: via the cart, by editing the configuration, by navigating back in the checkout, or by cancelling the checkout. Input errors can therefore be corrected up to the moment the order is submitted.

Section 4 Customer account

(1) An order can be placed with or without a customer account. A customer ordering without an account gives an email address, to which we send all declarations and documents relating to the order; the customer ensures that it is correct and reaches them. A customer who creates an account provides truthful details on registration and keeps them up to date.

(2) Access credentials must be kept confidential and protected from third-party access. If unauthorised use is suspected, the customer must notify us without undue delay at info@dynamicparts.eu.

(3) The customer can delete their account at any time in the account settings. This does not affect the performance of contracts already concluded or statutory retention obligations.

(4) We may block an account where there are concrete indications of abusive or unauthorised use or of a serious breach of these terms.

Section 5 Design data and third-party rights

(1) The customer is responsible for the accuracy, completeness and manufacturability of the design data and specifications they submit. Automated manufacturability hints from our configurator are non-binding assistance and do not replace the customer's own review.

(2) The customer warrants that they hold the necessary rights to the submitted data and that neither its use nor the manufacture of the parts infringes third-party rights, in particular copyrights, trade marks, design rights or patents, or any statutory provisions.

(3) Where the customer is an entrepreneur, they indemnify us against third-party claims based on a culpable breach of the warranty in paragraph 2, including the reasonable costs of legal defence. We will inform the customer of any claim without undue delay, give them the opportunity to take over the defence, and will not acknowledge claims without their consent. Where the customer is a consumer, they are liable under the statutory provisions; no indemnity obligation beyond that applies.

(4) We are not obliged to check the submitted data for infringements. We reject orders that are manifestly unlawful or whose execution is unreasonable for us.

(5) The customer grants us a non-exclusive right, limited to the performance of the contract, to store, process and reproduce the submitted data to the extent necessary for quoting, manufacturing and order handling. No use beyond that takes place. Details of the processing of personal data are set out in our Privacy Policy.

Section 6 Prices, shipping costs and delivery area

(1) The prices shown in the configurator at the time of the order apply. All prices are in euros.

(2) All prices shown in the configurator, in the cart and during checkout are total prices and include statutory VAT, currently 19 %. The VAT amount included is shown separately in the order summary.

(3) In addition, we charge a flat shipping fee of EUR 5.95 including VAT per order. Orders of EUR 39.00 including VAT or more ship free of charge. Shipping costs are shown separately before the order is submitted.

(4) We deliver exclusively to delivery addresses in Germany. We point out this delivery restriction and the accepted payment methods in the cart, that is, before the order process begins.

Section 7 Payment terms

(1) Payment is made in advance. The invoice amount falls due when the order is placed and is collected via the selected payment method, that is, before the order is accepted. If no contract comes into existence, Section 2(6) applies.

(2) Payments are processed by the payment service provider Stripe. We accept payment by credit or debit card (Visa, Mastercard, American Express, also via Apple Pay and Google Pay), PayPal and Klarna. All payment methods are free of charge for the customer. The terms and privacy notices of the respective payment service provider apply in addition.

(3) If the customer defaults on payment, statutory default interest applies.

(4) The customer may set off only claims that are final and non-appealable, undisputed or acknowledged by us. This does not apply to counterclaims arising from the same contractual relationship, in particular claims for defects in the delivered goods. The customer may exercise a right of retention only where the counterclaim arises from the same contractual relationship.

(5) We issue an invoice for every order and send it to the customer as a PDF by email when the goods ship; it is also available for download in the customer account or, for an order placed without one, through the link in the acknowledgement of receipt. The customer agrees to the electronic transmission of the invoice (section 14(1) UStG).

Section 8 Delivery, delivery time and passing of risk

(1) Delivery is made by a shipping company to the delivery address specified by the customer.

(2) We deliver within 7 working days of receipt of the order and of payment, unless stated otherwise for a part during checkout. Working days are Monday to Friday excluding public holidays at our registered office in Rosenfeld (Baden-Württemberg). The delivery period is shown to the customer before the order is submitted. If delivery is delayed, we inform the customer without undue delay.

(3) Partial deliveries are permitted where reasonable for the customer. They do not cause the customer any additional shipping costs.

(4) Where the customer is a consumer, the risk of accidental loss and accidental deterioration passes to the customer on handover of the goods. Where the customer is an entrepreneur, the risk passes on handover of the goods to the shipping company.

(5) Force majeure means unforeseeable events outside our control and not attributable to us, in particular natural disasters, war, epidemics, lawful industrial action and official measures. Such events extend the delivery period by the duration of the impediment, but by no more than six weeks. We inform the customer of the start and expected duration without undue delay. If the impediment lasts longer than six weeks, either party may withdraw from the contract; we then refund any payments already made without undue delay and in full. The customer's statutory rights, in particular the right to withdraw after a reasonable period has expired without remedy, remain unaffected.

Section 9 Retention of title

(1) The delivered goods remain our property until payment has been made in full.

(2) Where the customer is an entrepreneur, we retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. The customer may resell the goods in the ordinary course of business; the customer hereby assigns to us the resulting claims in the amount of our invoice, and we accept that assignment.

Section 10 Manufacturing, tolerances and condition

(1) We manufacture exclusively according to the data and specifications submitted by the customer. We do not owe any design, calculation or suitability review for the customer's intended use.

(2) The quality owed is determined by the materials, thicknesses and finishes chosen during checkout. Dimensions are subject to the general tolerances of DIN ISO 2768-m. Laser-cut sheet metal parts inherently show heat tint and striations on the cut edges, customary scratches, rolling and handling marks on the raw material, customary colour variations in surface finishes, and the customary tolerances of the material standards for thickness and surface. This is the quality usual for goods of this kind (section 434(3) BGB); it does not impair the function of the part.

(3) Parts with the finish “Raw / as cut” are delivered without deburring; their cut edges carry the slight burr typical of laser cutting. With the finish “Deburred (ground, one side)”, we grind the burr off the side it forms on during cutting; the other face stays as cut. With the finish “Deburred (tumbled)”, we remove the burr by tumbling and round the edges on both sides. The customer makes this choice in the configurator; it is shown in the order summary.

(4) Information on materials is based on the information provided by our upstream suppliers.

Section 11 Right of withdrawal and its exclusion

(1) Consumers have a statutory right of withdrawal for distance contracts unless it is excluded under paragraph 2. The details are set out in our withdrawal policy, which also contains the model withdrawal form.

(2) Under section 312g(2)(1) BGB there is no right of withdrawal for contracts covering goods that are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or that are clearly tailored to the consumer's personal requirements. We hold no prefabricated stock. Every part is cut for the individual order from the material the customer selected, in the thickness, finish and geometry they selected, and manufacture only begins once the order has been received. This applies to parts we manufacture from design data uploaded by the customer or created by them in the browser, and equally to parts the customer configures from one of our parametric templates: the template is the starting point for their specification, not a stock article.

(3) Under paragraph 2 no goods we currently offer carry a right of withdrawal. We point this out to the customer before the order is submitted. Should we offer prefabricated goods in future, the withdrawal policy applies to those without restriction.

(4) Entrepreneurs have no right of withdrawal.

Section 12 Liability for defects

(1) The statutory provisions on liability for defects apply unless otherwise provided below.

(2) For consumers, claims for defects become time-barred two years after delivery of the goods.

(3) Where the customer is an entrepreneur, claims for defects become time-barred one year after delivery of the goods. This does not affect claims based on intent or gross negligence, for injury to life, body or health, under a guarantee, for fraudulently concealed defects, recourse claims in the supply chain (sections 445a, 445b, 478 BGB) or claims under the Product Liability Act.

(4) Where the customer is a merchant (Kaufmann), section 377 of the German Commercial Code (HGB) applies: the customer must inspect the goods without undue delay after delivery and notify us of apparent defects without undue delay, and of hidden defects without undue delay after their discovery.

(5) There is no defect to the extent that the characteristic complained of results from the design data submitted by the customer, from the customer's material or manufacturing specifications, or from a design that is not suitable for manufacturing.

(6) We assume guarantees in the legal sense only where we have expressly designated them as such.

Section 13 Liability

(1) We are liable without limitation for damage arising from injury to life, body or health caused by a breach of duty by us, our legal representatives or our vicarious agents, for damage caused intentionally or by gross negligence, for fraudulent concealment of a defect, to the extent of any guarantee we have assumed, and under the Product Liability Act.

(2) In the event of a slightly negligent breach of a material contractual obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the customer may regularly rely, our liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded.

(3) We are not liable for the slightly negligent breach of obligations that are not material contractual obligations within the meaning of paragraph 2. Paragraphs 1 and 2 remain unaffected.

(4) The limitations of liability in paragraphs 2 and 3 also apply to claims in tort and to the personal liability of our legal representatives, employees and other vicarious agents.

(5) For loss of data we are liable within the limits of the paragraphs above only up to the amount of the expense that would have been incurred to restore the data had the customer carried out proper and regular data backups.

(6) None of the provisions above changes the burden of proof to the customer's detriment.

Section 14 Cancelling, changing and terminating orders

(1) Until manufacturing starts, the customer may request that an order be cancelled or changed. We endeavour to accommodate such requests; apart from statutory rights, there is no entitlement to do so.

(2) Because we produce the parts specifically to the customer's specifications, the customer may terminate the contract at any time until completion (section 650 sentence 3 in conjunction with section 648 BGB). In that case we are entitled to the agreed remuneration less the expenses we save as a result of the termination or acquire by deploying our labour elsewhere; the statutory presumption in section 648 sentence 3 BGB remains unaffected. We refund any amounts already paid that are not attributable to us without undue delay.

(3) The customer's statutory rights, in particular rights in respect of defects and any right of withdrawal under Section 11, remain unaffected.

Section 15 Data protection

Our Privacy Policy describes which personal data we process and for which purposes.

Section 16 Consumer dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (section 36 of the German Consumer Dispute Resolution Act, VSBG).

Section 17 Applicable law, place of jurisdiction and final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer whose habitual residence is in another state, the protection of mandatory consumer protection provisions of that state remains unaffected.

(2) Where the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is our registered office. The same applies where a customer who is an entrepreneur has no general place of jurisdiction in Germany or moves their seat abroad after the contract is concluded. For consumers, the statutory places of jurisdiction apply.

(3) Should any provision of these terms be or become invalid, the validity of the remaining provisions is unaffected. The invalid provision is replaced by the statutory provisions.