1. Scope
(1) These General Terms and Conditions apply to business relations of any kind between 3Faktur GmbH, Göschwitzer Str. 22, D-07745 Jena (hereinafter: “3Faktur” or “we”) and the customer, i.e. you (hereinafter: “Customer”). The version valid at the time of the conclusion of the contract shall be authoritative. We reserve the right to make changes and adjustments to the GTC. The respective current version is available on our website.
(2) This shall also apply in the event that the client submits a contract offer or order placement based on his own, deviating terms and conditions. Deviating terms and conditions of the client, which 3Faktur has not expressly agreed to, shall not become part of the contract in any case, even without express rejection. Deviations from these terms and conditions must be in writing and signed by both contracting parties.
2. Contractor
Your contractual partner of all contracts with 3Faktur is:
3Faktur GmbH,
Göschwitzer Str. 22, D-07745 Jena
Register Court Jena: HRB 510303
Managing Directors: Markus May, Johannes Zaremba
Sales Tax Identification Number according to §27a Sales Tax Law: DE295251219
E-mail: info@3faktur.com
Phone: +49 3641 225910-00
3. Scope of Services, Templates, Technical and Content Review
(1) 3Faktur offers customers to have 3-dimensional objects created from 3D models (hereinafter “template”) by 3D printing processes. All products are manufactured on the basis of the customer’s template (as individual pieces).
(2) The 3D objects may vary slightly in shape, strength and dimensions within a short time after production due to the material. Due to the production process, lightfast colors cannot be used. Due to the material and production, minor deviations in shape and color are not to be regarded as defects.
(3) The products are not toys and are not suitable for children to play with. They are industrial components, functional models, presentation models or ornamental and decorative items.
(4) After receipt of the 3D model at 3Faktur, the 3D printability of the template will be checked within three working days. Due to technical conditions, we cannot guarantee the 3D printability in individual cases. In case of non-printability of the template, the customer will be informed immediately.
(5) If the unusability of the Customer’s template is determined, 3Faktur is not obliged to adjust the template. In this case, the customer can provide another template or cancel his order free of charge. Already paid amounts will be returned to the customer in case of cancellation.
(6) If data is transmitted in electronic form (also e.g. by USB stick), the Customer shall do everything usual and necessary to protect it against viruses and other typical risks of electronic transmission.
(7) The customer is responsible for the content of the template provided by him. 3Faktur does not adopt these as its own and is not obliged to check them for legality. In particular, – the customer guarantees that the content provided by him is legal and in particular does not violate any rights of third parties. In terms of content, the customer undertakes to refrain from providing pornographic, right-wing or left-wing extremist, racist, discriminatory, youth-endangering, violence-glorifying content or content that violates the constitution of the Federal Republic of Germany as a template; – the customer is obliged to carefully check the templates provided by him and their content before transmitting them to 3Faktur to ensure that they meet the above requirements.
(8) If a claim is made against 3Faktur by third parties or government agencies due to an infringement of their rights by the template provided by the customer, the customer is obligated to indemnify 3Faktur from all claims due to an infringement of the rights of third parties – regardless of the legal grounds and regardless of what they are directed towards – and to bear those reasonable costs incurred by 3Faktur due to the claim or due to the elimination of the illegal condition.
(9) This applies in particular to the infringement of copyrights, trademark rights, competition rights or other property rights of third parties and includes in particular the reasonable legal defense costs of 3Faktur. The indemnification also applies – as a contract for the benefit of third parties – to 3Faktur’s vicarious agents involved in the execution of the contract.
(10) All further rights and claims for damages by 3Faktur remain unaffected. The customer has the right to prove that 3Faktur actually incurred no or only lower costs.
(11) The Customer’s indemnification and compensation obligations shall not apply insofar as the Customer is not responsible for the infringement in question.
4. Conclusion of Contract, Obligation to Perform in Advance
(1) The Customer’s order constitutes an offer to conclude a contract for the manufacture and delivery of a 3-dimensional object (contract for work and materials). The customer receives an automatic confirmation e-mail after receipt of the order. This order confirmation merely documents that the customer’s order has been received and does not yet constitute acceptance of the offer.
(2) The contract shall only be concluded by our order confirmation, which shall be sent by separate e-mail. The order confirmation will be sent after the 3D printability of the customer’s artwork has been determined (see item 3 (5)).
(3) The offer submitted by 3Faktur and the order confirmation from 3Faktur are solely decisive for the content of the contract. Changes, additions and subsidiary agreements are only binding with written confirmation by 3Faktur, unless they have been agreed upon with an authorized representative of 3Faktur.
(4) Any documents belonging to the offer (illustrations, drawings, etc.) and technical data contained therein or in the offer (weights, dimensions, etc.) as well as references to company or inter-company standards and samples (DIN standards, etc.) shall only be approximately authoritative and shall not constitute a warranted quality unless expressly assured.
(5) We ask for your understanding that we can only execute the order against prepayment. The customer receives with the order confirmation an invoice for the order, including shipping costs. After receipt of the full invoice amount by us, we will immediately execute the order.
5. Purchase Price, Shipping Costs
(1) The purchase price for our goods can be found directly on the goods offer pages. It includes the statutory value added tax of currently 19%.
(I) With the help of the online tool, prices for various (also changing) processes can be calculated automatically after uploading the template. For all other processes, after receiving the template, we promptly prepare a quote and send it to the customer.
(II) If, in the case of deliveries to countries other than Germany, the German statutory value-added tax is not applicable, the prices determined by deducting the respective applicable German statutory value-added tax shall be calculated net (hereinafter referred to as “net prices”) plus the respective applicable foreign value-added tax. If there is a change of tax liability, only the net prices shall be charged. In this case the customer has to pay the accruing value added tax to the responsible tax office himself. In the case of a delivery to countries other than Germany, additional taxes, customs duties and/or costs may be incurred which are not included in the prices. These have to be borne by the customer.
(2) Costs for packaging and shipping are not part of the purchase price. When ordering several products, they may be delivered together in one box.
(3) The shipping costs are calculated according to weight and country of delivery. Multiple items within a shipment can thus increase the shipping costs.
(4) A minimum order value of EUR 50,- plus 19% VAT per order applies.
6. Terms of Payment
(1) You can pay the invoice amount by PayPal (only for customers from Germany), by bank transfer or by credit card via SagePay (applies to all countries).
(2) Payment by bank transfer must be made within 7 working days after receipt of the order confirmation at the latest. After expiry of this period, you will receive a limited payment reminder from us by e-mail. If you let this period expire, we reserve the right not to further process your offer and, if necessary, to withdraw from the contract.
(3) If you pay the invoice amount via the online provider PayPal, you must generally be registered there or register first, then you must legitimize yourself with your access data and confirm the payment instruction to us (exception if applicable guest access).
7. Delivery Information
(1) Depending on the size of your order, shipping will be by Deutsche Post, DHL or freight forwarding. In exceptional cases, an alternative parcel company (UPS, DPD) can also be used. When shipping with a freight forwarder, the delivery will be made to the curb, or to the first lockable door.
(2) Delivery is made to the delivery address specified by the customer – with the exception of packing stations.
(3) If the goods cannot be delivered to the specified delivery address, the customer shall bear the costs for return and reshipment.
8. Delay, Impossibility
(1) If a time limit for the execution of the order by 3Faktur has been agreed upon, this time limit begins with receipt of the order confirmation by 3Faktur, but not before receipt of all documents, approvals, releases or other information to be obtained by the customer for the execution of the order.
(2) Insofar as 3Faktur is prevented from fulfilling the contract in a timely manner due to special circumstances such as energy shortages, traffic disruptions, strikes, lockouts, unforeseen technical difficulties or other procurement, manufacturing or delivery disruptions, which lie outside of 3Faktur’s area of responsibility and which demonstrably have a significant influence on the fulfillment of 3Faktur’s obligation to perform, the period for the execution of the order shall be extended by the respective period between the occurrence and elimination of the obstacle. This also applies if such circumstances occur at suppliers or subcontractors of 3Faktur.
(3) If 3Faktur is responsible for the non-observance of the deadline for the execution of the order in only a slightly negligent manner, the customer is entitled to either withdraw from the contract after setting an appropriate grace period or to demand compensation for damages up to a maximum of 0.5% of 3Faktur’s contractual remuneration per week, in total a maximum of 5% of the contractual remuneration; further claims are excluded. In the same way, the customer’s rights to withdraw from the contract or claim damages up to a maximum of 5% of 3Faktur’s contractual remuneration per case of damage are limited if 3Faktur’s owed service becomes impossible in whole or in part and 3Faktur is only responsible for this as a result of slight negligence.
9. Transport Damages and Transfer of Risk
(1) If goods are delivered with obvious transport damage, please complain about such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or transport insurance.
(2) The risk of performance and remuneration shall pass to the Customer at the latest at the point in time at which the subject matter of the contract or partial deliveries of the individual parts of the subject matter of the contract leave the premises of 3Faktur, even if 3Faktur has assumed further services such as delivery, installation, assembly or commissioning.
10. Right of Withdrawal
(1) The customer cannot revoke his declarations of intent towards 3Faktur, in particular the contract offer (order), according to §§ 312 g para. 1, 355 BGB.
(2) Pursuant to Section 312g (2) No. 1 of the German Civil Code, a consumer shall also have no right of revocation in the case of distance contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer’s personal needs.
11. Warranty
(1) Statutory warranty rights exist for all products created.
(2) Within the scope of the statutory warranty, we have the right to rectify defects. Therefore, please notify us immediately of any defects in the goods received from us. We will reimburse you for the shipping costs of the return shipment against proof. We would like to ask you not to return defective goods to us carriage forward, if possible, in order to keep the shipping costs of the return low for us.
(3) Please note that deteriorations of the goods caused by improper use do not constitute defects obligating to rectification.
(4) In view of the fact that generative prototype manufacturing cannot always achieve the accuracy of conventional manufacturing methods at the current state of the art, the defectiveness of a prototype/product generatively manufactured by 3Faktur due to non-compliance with binding dimensional or weight specifications can at most be considered,
if there has been a significant deviation from what could have been complied with according to the state of the art of generative prototype production.
(5) The products which are the subject of the order are prototypes which are used for illustration and testing purposes, but which cannot – unless otherwise expressly assured in writing – meet the qualitative requirements to be placed on series products.
(6) Insofar as 3Faktur provides data, in particular 3D data, to the customer within the scope of order execution, 3Faktur shall only be liable for the completeness and correctness of the data if this has been expressly assured by 3Faktur in writing. Furthermore, 3Faktur does not accept any liability for a loss or incorrectness of data, if the loss or incorrectness is due to the exchange of data. The burden of proof that the loss or incorrectness of data is not due to the exchange of data lies with the client.
(7) Insofar as 3Faktur enters or uses data/programs in the customer’s electronic data processing or otherwise makes software available to the customer, 3Faktur guarantees that the data/programs/software are not infected with computer viruses, which can be found with the respective current commercially available “virus search programs”. Any further liability due to a possible transmission of computer viruses is excluded.
(8) If the subject matter of the contract delivered by 3Faktur proves to be defective or lacks warranted characteristics, 3Faktur shall be obligated to procure a replacement or rectify the defect within a reasonable period of time. If the replacement delivery or the rectification fails, the customer may, at his discretion, declare withdrawal from the contract or demand a reduction of the remuneration.
(9) If the subject matter of the contract delivered by 3Faktur lacks a warranted characteristic, the customer may also demand compensation for non-performance instead of withdrawal from the contract or reduction of the remuneration. Compensation for consequential harm caused by a defect, such as loss of production or machine damage in particular, is excluded, unless the warranty was intended to protect against the consequential harm caused by the defect or 3Faktur is at fault in the form of intent or gross negligence.
(10) In commercial transactions, the customer is obligated to inspect the subject matter of the contract immediately upon receipt and to notify 3Faktur in writing of any visible defects within 10 days of receipt of the subject matter of the contract at the latest, and of any non-visible defects within 10 working days of their discovery at the latest. If the client does not fulfill this obligation, all warranty claims are excluded.
12. Liability
(1) We shall be fully liable for any damage in the event of intent and gross negligence.
(2) Liability for simple negligence shall only exist in the event of damage resulting from injury to life, limb or health and in the event of a breach of a material contractual obligation (cardinal obligation). In the event of negligent breach of cardinal obligations, liability shall be limited to typical contractual and foreseeable damages.
(3) Any statutory liability irrespective of fault, for example under the Product Liability Act, and any liability arising from the possible assumption of a guarantee shall remain unaffected.
(4) We have no influence on the contents of external Internet pages to which we have set a link on our website. We can therefore not assume any liability for the external content. At the time of linking, no illegal content was apparent on the external Internet pages. The permanent control of the linked pages is not reasonable without concrete evidence of a violation of the law. Should we become aware of any illegal content on a linked site, we will remove the link immediately.
(5) Since it is technically impossible to exclude with absolute certainty all sources of error in the hardware and software as well as the transmission medium Internet, we cannot guarantee that our website or the related technology (e.g. ordering process) will be available without interruption and that your data can always be transmitted properly and quickly.
(6) Insofar as nothing to the contrary arises from these general terms and conditions or from individual agreements between 3Faktur and the customer, 3Faktur’s liability for damages in the form of money to its customer is limited to a maximum amount of 5,000.00€, unless 3Faktur is at fault in the form of intent or gross negligence.
13. Intellectual Property Rights and Retention of Title(1) With the Customer’s consent, 3Faktur is entitled to use the Customer’s templates for demonstration purposes and for advertising the online service as part of company presentations and advertising materials, and to reproduce, distribute, exhibit, make publicly available and broadcast them in any form for this purpose.
(2) If there is an order for printing, 3Faktur is entitled to store the content for two years from receipt of the print order and to process it for the purposes of the print order and for statistical purposes.
(3) The layout of 3Faktur’s web presence, including the graphics, images and texts contained therein, is protected by copyright. The same applies to the photographs shown on the web pages of 3Faktur. The respective authors reserve all rights to their works. The copying, distribution, exhibition or public reproduction of the copyright-protected elements of the website is not permitted, unless legal permissions apply (e.g. individual copies for purely private use).
(4) The delivery item remains the property of 3Faktur until all of 3Faktur’s claims arising from the business relationship with the customer at the time of acceptance of the delivery item have been paid.
(5) We shall not be entitled to resell the reserved delivery item or to any other. The customer is only entitled to dispose of it with the prior consent of 3Faktur.
(6) If 3Faktur’s reserved ownership expires as a result of resale or processing, the customer hereby assigns to 3Faktur all rights, claims and receivables arising therefrom.
(7) The customer must inform 3Faktur immediately of any access by third parties to the reserved delivery item. Any intervention costs shall be borne by the customer.
(8) If the customer is in default of payment, 3Faktur shall be entitled to take back the reserved delivery item after prior reminder and the customer shall be obliged to surrender it.
14. Data Protection, Security
(1) Insofar as it is possible to enter personal data on our website, this data is disclosed by you on a purely voluntary basis and only for the purpose of executing the contract. Further information on data protection can be found in our privacy policy.
(2) Otherwise, we collect, store and use your personal data only insofar as this is required for the processing of the contractual relationship, the order and the billing or by legal regulations. Your personal data will not be passed on to third parties. Excluded from this are the service providers (PayPal, credit institutions, shipping service providers, etc.) involved in the order processing, which are dependent on the transmission of data to fulfill their tasks.
(3) You have a right to free information, correction, blocking or deletion of the data stored about you at any time. Please contact us for this purpose by mail or e-mail.
(4) Your personal data is transmitted via the Internet in encrypted form. Despite the greatest possible care, however, it is technically impossible to guarantee completely secure protection against data loss and data modification due to technical errors or external intervention. We can therefore accept no liability for the integrity of your data in such cases.
15. Jurisdiction and Final Provisions
(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This also applies if the order is placed from a country other than Germany or delivered to a country other than Germany.
(2) If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, it is agreed that Jena shall be the exclusive place of jurisdiction for all claims arising from or on the basis of this contract. The same shall apply to persons who do not have a general place of jurisdiction in Germany or persons who have moved their place of residence or habitual abode outside Germany after conclusion of the contract or whose place of residence or habitual abode is unknown at the time the action is brought.
(3) Both 3Faktur and the client are obligated to inform the client of all operating and business secrets of the respective other, which become known to them in the course of the execution of the order, strictly confidential.
(4) Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions of these GTC. The relevant statutory provision shall take the place of the invalid clause.
