Terms and Conditions

§ 1 Scope and provider

These terms apply to all orders placed via the website formulor.de including the shape.tools brand area. Provider and contracting party is Formulor GmbH, Rheinstraße 201, 76532 Baden-Baden, Germany (details in the imprint).

§ 2 Customer account and guest orders

• Orders can be placed as a guest without a customer account. Setting up a customer account is free and optional.
• Sign-in is passwordless: via a sign-in link sent to your email address or via passkey. Please provide a valid email address and protect access to your mailbox carefully — anyone with access to your mailbox can sign in as you.
• All natural persons with full legal capacity, legal entities and partnerships may register. Minors may unfortunately not register — we ask for your understanding.
• If there are indications of misuse of your account by third parties, please inform us immediately. We reserve the right to suspend or delete accounts on suspicion of misuse; a new account can be created at any time.

§ 3 Our services

Using our fabrication technologies (laser cutting and engraving), we create a physical product from the digital design you provide or configure and the material you select. You provide your design in one of the following ways:

• File upload: you upload your own vector file that follows our file conventions (see file help).
• Online modeller: you create or edit your design directly in the browser.
• shape.tools configurator: you parameterise curated product templates, optionally assisted by an AI dialog. Price, dimensions and feasibility are always computed by our deterministic systems — statements by the AI assistant are not warranties; only the values shown in the cart and the order summary are binding.

We provide detailed information on materials and file requirements on our website so that you can choose your product knowledgeably.

§ 4 Availability of the platform

• We can only make our website and its functions available within the current state of the art. In this respect we owe only our best efforts to give you access to your designs and their availability on our platform to the extent of customary technical availability.
• To keep operations as smooth as possible, for further development and for security, we regularly carry out maintenance work. The website may be temporarily unavailable or only available to a limited extent as a result. Where possible and reasonable, we schedule maintenance during low-usage periods.
• Given the current state of the art, it is impossible to keep a website completely free of system faults and outages. We are therefore in principle not liable for the unavailability of your designs due to technical faults of communication networks, attacks by third parties (e.g. denial-of-service attacks) or outdated caches (proxies), unless we are responsible for them.

§ 5 Ordering process and conclusion of contract

• At the end of the ordering process you place a binding order by clicking the order button ("Zahlungspflichtig bestellen" — order with obligation to pay). This constitutes an offer by you to conclude a contract.
• You will receive a confirmation of receipt of your order to the email address you provided. This confirmation of receipt is not yet an acceptance of your offer.
• Before production we verify every order manually: we check whether your files or your configuration can be fabricated. The contract is concluded upon our release for production, at the latest upon dispatch of the goods.
• If we cannot fabricate an item, we reject the offer in that respect and refund payments already made for that item; we may propose a correction instead.
• No purchase contract is concluded for products from one and the same order that are not listed in the dispatch documents.

§ 6 Prices and payment

• All prices are in euros and include statutory VAT, plus the shipping costs shown during the ordering process. The total price binding for your order is displayed before you place the order.
• We are entitled to change our prices for future orders without separate notice.
• Payment is made, at your choice, via PayPal, credit card or bank transfer (prepayment); processing is handled by our payment service provider Mollie. Business customers can order on account after prior approval.
• Payment is due when the binding order is placed; for purchases on account the payment term stated on the invoice applies. In the event of default, the statutory rules apply.

§ 7 Right of withdrawal and exclusion for made-to-measure products

Made-to-measure products are excluded from withdrawal (§ 312g (2) no. 1 BGB, German Civil Code). Our products are made individually to your specifications — no right of withdrawal exists for them. You confirm this expressly during checkout; in return, we verify every order before cutting.

Details, the instruction for non-customised goods and the model withdrawal form can be found in the cancellation policy.

§ 8 Delivery and shipping

• We deliver to the delivery address you provide. Please make sure it is up to date.
• Shipping costs vary depending on the size, volume and weight of the goods; the shipping costs for your order are communicated during the ordering process before you place the order.
• If taxes or customs duties are incurred for shipments to countries outside the EU, these are borne additionally by you.
• Delivery times stated by us are non-binding estimates. We are entitled to make partial deliveries where reasonable for you; no additional shipping costs arise for you as a result.
• For consumers, the risk of accidental loss and accidental deterioration of the goods passes to you upon handover; for businesses, upon handover to the carrier.

§ 9 Retention of title

The delivered goods remain our property until full and final payment.

§ 10 Third-party rights

• You warrant that you are the author of the designs you submit or hold the relevant usage rights required to use our service.
• You warrant that the digital design you use and/or the manufacture of a product based on it does not infringe any third-party rights, in particular copyright, personality, trademark or design rights.
• You indemnify us against all third-party claims raised against us contrary to the above warranties; this includes the reasonable costs of necessary legal defence or enforcement.

§ 11 Your copyright and confidentiality of your designs

• Your copyright in the designs you submit remains unaffected by the use of our service.
• Without your express consent in text form, we will not grant third parties access to your designs or make them public. Designs in this sense are technical specifications, vector drawings, configurations or other digital data formats. Excluded are our service providers who need this data to fulfil your order.

§ 12 Warranty and complaints

• The statutory warranty rules apply.
• The materials we use may vary slightly in colour and surface quality, in part even from one production batch to the next. Such product- and industry-typical variances do not constitute a defect; in this respect the product is deemed in conformity with the contract.
• We reserve the right to use and deliver substitute materials of other manufacturers of equal price and quality.
• If you are a merchant, you must inspect the products immediately after delivery in the ordinary course of business and notify us of defects immediately in writing; § 377 HGB (German Commercial Code) applies without restriction.
• When making a complaint, please describe the defect and include the details belonging to the order (e.g. order number) so that we can examine your complaint promptly.
• Defects in part of the delivered goods affect only that part and do not entitle you to reject the entire delivery, unless the partial delivery is of no interest to you.

§ 13 Liability

• We are liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, and under the German Product Liability Act.
• In cases of simple negligence we are liable only for damage arising from the breach of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely), limited to the foreseeable damage typical for the contract. Liability is otherwise excluded.
• We prepare the data, processing instructions and material information we provide with the greatest care and review them regularly. Errors and technical mistakes in the description of materials nevertheless remain reserved.

§ 14 Consumer dispute resolution

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

§ 15 Applicable law and jurisdiction

• The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer habitually resident abroad, mandatory consumer-protection provisions of your state of residence remain unaffected.
• If you are a merchant within the meaning of the German Commercial Code, a special fund under public law or a legal entity under public law, Berlin is the exclusive place of jurisdiction for all disputes arising from these terms and the individual contracts concluded under them.

§ 16 Changes to these terms

We reserve the right to amend these terms with effect for the future. Registered customers will be sent amended terms by email at least two weeks before they take effect. If you do not object to the new terms within two weeks of receiving the email, the amended terms are deemed accepted; we will point out the significance of this period separately in the email. For orders, the version published at the time of the order always applies.