Terms of Service
GENERAL TERMS AND CONDITIONS (ONLINE SHOP)
§ 1 Scope and Provider
(1) These General Terms and Conditions apply to all orders you place in the 3DZ Shop.
(2) The product range in our online shop is exclusively aimed at buyers who have reached the age of 18 years.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions therefore apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer, which contradict our terms and conditions, is already contradicted.
(4) Contract language is exclusively English.
Conclusion of contract (1) The presentation of goods in the online shop does not constitute a binding request for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.
(2) By clicking on the order button you make a non-binding offer to buy. A binding purchase contract for the ordered goods only comes into effect when we have received your payment. If you do not pay, you will not suffer any disadvantages. We do not deliver in this case and consider your order as obsolete.
§ 3 prices
The prices stated on the product pages include VAT and other price components and are exclusive of the respective shipping costs. For more information about shipping costs, please contact us before completing any order process.
§ 4 Terms of payment; Delay
(1) Payment can be made by
bank transfer or Paypal.
When paying with PayPal, you will be redirected to the website of the online provider PayPal in the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimise with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately thereafter.
§ 6 delivery; Retention of title
(1) Unless otherwise agreed, the delivery of the goods from our warehouse to the address specified by you.
(2) The goods remain our property until full payment of the purchase price.
§ 7 Revocation
In case you are a consumer within the meaning of § 13 BGB, ie make the purchase for purposes that are predominantly neither your commercial nor your independent professional activity can be attributed, you have a right of withdrawal in accordance with the following provisions.
You have the right to withdraw from this contract within seven days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us by means of a clear statement (eg a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favourable standard delivery we offer have to repay immediately and at the latest within seven days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You have the goods immediately and in any event not later than seven days from the date on which you inform us of the revocation of this contract to us or to [possibly Name and address of a person entitled to receive the goods]. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
End of revocation
(2) Failure to make a complaint or contact has no consequences for your statutory warranty rights. However, they help us claim our own claims against the carrier or the transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase right (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the period of liability for warranty claims for used goods - contrary to the legal provisions - is one year. This restriction does not apply to claims based on damages arising from injury to life, limb or health or from the violation of a material contractual obligation, the fulfilment of which enables the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal duty) as well as for claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) For the rest, the statutory provisions, in particular the two-year limitation period pursuant to Sec. Section 438 (1) no. 3 BGB.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions with the following modifications apply:
- For the condition of the goods, only our own information and the product description of the manufacturer are binding, but not public charges and statements and other advertising manufacturer.
- You are obliged to inspect the goods immediately and with the required care for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods. Deadline is sufficient for timely dispatch. This also applies to later discovered hidden defects from discovery. In the event of a violation of the obligation to inspect and notify, the assertion of the warranty claims is excluded.
- In the case of defects, we provide warranty at our option through repair or replacement (supplementary performance). In the case of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
- If the supplementary performance fails twice, you can request a reduction or withdraw from the contract.
- The warranty period is one year from date of delivery.
(1) The right of revocation
shall not apply to the delivery of : - goods which are not prefabricated and whose manufacture is based on an individual choice or determination by the consumer or which are clearly tailored to the personal needs of the consumer (eg. Shirts with your photo and your name),
- sealed goods that are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery,
- of goods which, by reason of their nature, have been inseparably mixed with other goods after delivery,
- of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,
- of computer software that was purchased by download without hardware protection (dongle).
- from newspapers, periodicals or magazines except subscription contracts.
(2) Please avoid damage and contamination. If possible, send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against damage in transit in order to avoid claims for damages due to defective packaging.
(3) Please call before return at [Tel.No. 04499 9358970] to announce the return. In this way, you enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in the preceding paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 Transport Damage
(1) If goods are delivered with obvious damage in transit, so please complain such errors immediately to the deliverer and please contact us as soon as possible.
§ 10 Liability
(1) Unlimited liability: We are unlimitedly liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, limb and health of persons. (2) For the rest, the following limited liability applies: In case of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely (cardinal duty). Liability for slight negligence is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies in favor of our vicarious agents.
§ 11 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The Dispute Settlement Platform can be reached at the external link http://ec.europa.eu/consumers/odr/.
We endeavour to settle any disputes arising from our contract by mutual agreement. In addition, we are not obligated to participate in a conciliation procedure and unfortunately can not offer you participation in such a procedure.
§ 12 Final Provisions
(1) Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions otherwise.
(2) Exclusively German law is applicable to contracts between us and you excluding the provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG, "UN Purchase Law"). Compulsory regulations of the country in which you usually reside, remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a public law special fund, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.