General Terms and Conditions / Product Notes
3D GENERATION GMBH
for contracts with consumers
(Status: October 2015)
I. Validity of the General Terms and Conditions
For all contracts of 3D GENERATION GMBH concluded with consumers (hereinafter referred to as “customer”) as of 01.10.2015 within the meaning of § 13 of the Civil Code the following terms and conditions apply.
II. Conclusion of the contract, amendments to the contract
The mutual rights and obligations are set in written form in a contract deed. The same applies to assurances and ancillary agreements. The effectiveness of the contract is not dependent on the observance of the written form.
With the exception of managing directors and authorized representatives, the employees of 3D GENERATION GMBH are not entitled to oral agreements with the customer in connection with the contract, which deviate from a written contract concluded with the customer or these General Terms and Conditions.
III. Delivery time, repeat order, shipping costs
1. The delivery time for 3D printed figurines is 2-6 weeks.
2. Re-orders (repeat orders) of the ordered 3D printing are approx. 20% cheaper than the initial price (prices for reprints are shown on www.3dgeneration.com as well as in the price lists). They are possible within a period of 12 months from the conclusion of the contract. Until then, the template images in 3D GENERATION GMBH saved. After 12 months the template images will be deleted. The customer is not entitled to transfer discounts or files of template images. At customer’s request, the template images may be deleted immediately after the 3D printing.
Shipment is provided at the request of the customer within Germany, the European Union or internationally. The shipping costs for packaging and insured shipping within Germany are 11,68 € plus VAT, the shipping costs for packaging and insured shipping within Europe are 22,14 € plus VAT and for worldwide shipping 39.79 € plus VAT will be charged.
IV. Accuracy and Color Rendering of 3D Printing
The image accuracy always remains limited compared to the original for technical reasons. Smaller details can sometimes not be displayed accurately or having a defect. Blurring and printing streaks may occur, as well as slight unevenness of the surface, e.g. in patterns on clothing, stains on animal fur, etc. The degree of image accuracy is the more reduced, the smaller the selected print size compared to the original.
The customer has the ability to choose the desired image accuracy by comparing 3D prints of different sizes with the corresponding template images. An exact color reproduction of the original image is not technically possible. The colors of 3D printers are usually different, especially paler than the original colors. Significant deviations arise for shiny, reflective or transparent fabrics. White surfaces usually become darker, black surfaces are of anthracite color.
V. Storage, durability and cleaning of 3D prints
The 3D prints are produced by the powder printing process from polymer gypsum and coated with synthetic resin. They are fragile and not waterproof. It should be fixed on solid ground with an adhesive / adhesive label. Any contact with water should be avoided. Figurines are not suitable for storage at temperatures less than 6 ° C and more than 39 ° C and at a relative humidity of less than 40% and more than 60%. The 3D prints should not be permanently exposed to direct sunlight. For dust removal, a dry, soft brush should be used.
VI. Set-off, right of retention
The customer may only claim the offset against the claims of 3D GENERATION GMBH if the counterclaims are undisputed or legally binding. The exercise of the right of retention by the customer is limited to counterclaims from the same contractual relationship.
VII. Prices, expenses for changes to services
The prices of 3D GENERATION GMBH apply to the contractually agreed scope of services and delivery. Extra or special services will be charged separately. Expenses incurred as a result of changes in the nature or scope of the delivery / service at the customer’s request after the conclusion of the contract shall be charged in addition to the agreed calculation.
VIII. Warranty, liability
1. In case of defects, the customer is entitled to the statutory rights.
2. Defects report may be made either in person at the headquarters of 3D GENERATION GMBH or in the store where the contract was concluded or by a written notification of defects (e-mail to firstname.lastname@example.org or fax to 0231 – 18588339 is sufficient).
3. The customer is obliged to hand over or send the printed 3D figurine to the headquarters of 3D GENERATION GMBH or to the store where the contract was concluded.
4. If the goods have been damaged in the agreed delivery, the customer is obliged to submit the condition of the shipping package with all its contents, as it has been received, at the headquarters of 3D GENERATION GMBH or to send it there in a separate carton.
5. The necessary costs associated with the fulfillment of the obligations in accordance with clause 3 and clause 4 as well as all further expenses required for the purpose of supplementary performance shall be borne by 3D GENERATION GMBH pursuant to § 439 para. 2, para. 3 of the German Civil Code.
6. Since 3D printing is a complex one-off production, the subsequent performance is considered to have failed only after three unsuccessful attempts at improvement.
7. Claims for damages of the customer due to obvious material defects are excluded if the customer does not inform 3D GENERATION GMBH within a period of two weeks after delivery of the goods or after accepting the service.
8. The liability of 3D GENERATION GMBH for damages, for whatever legal reason (in particular in case of delay, defects or other breaches of duty), is limited to the contractually typical, foreseeable damage.
9. The limitations of liability mentioned above do not apply to the liability of 3D GENERATION GMBH for intentional misbehavior or gross negligence, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.
IX. Retention of title
1. 3D GENERATION GMBH retains title to the goods sold until full payment of the purchase price for these goods. During the existence of the retention of title, the customer may not sell the goods (hereinafter: “reserved goods”) or otherwise dispose of the property.
2. In case of access by third parties – in particular by bailiffs – to the reserved goods, the customer will point out the property of 3D GENERATION GMBH and notify them immediately so that 3D GENERATION GMBH can enforce its property rights.
3. In case of breaking of contract by the customer, in particular default in payment, 3D GENERATION GMBH shall be entitled to demand the return of the reserved goods, provided that 3D GENERATION GMBH has withdrawn from the contract.
X. Severability clause, validity of German law, data storage
If individual provisions of the contract, including these general terms and conditions, should be ineffective, the validity of the remaining provisions remains unaffected. The contract is a subject to the law of the Federal Republic of Germany. 3D GENERATION GMBH stores data from the contractual relationship according to § 28 Federal Data Protection Act for the purpose of data processing.