Terms and conditions

Here you can find our general terms and conditions.

§ 1 Area of application

  1. These terms and conditions apply to business relations of any kind between 3DBAVARIA GmbH, Gutenbergstr. 14, 93092 Barbing, and the orderer, i.e. entrepreneurs, legal entities under public law or special funds under public law in the sense of § 310 paragraph 1 BGB (German Civil Code) as well as towards natural persons. We shall only recognize terms and conditions of the purchaser that are contrary to or deviate from our terms and conditions of sale if we expressly agree to their validity in writing.

  2. These terms and conditions of sale shall also apply to all future business transactions with the purchaser, insofar as these are legal transactions of a related nature.

  3. Individual agreements made with the purchaser in individual cases (including ancillary agreements, supplements and amendments) shall in any case take precedence over these terms and conditions of sale. Subject to proof to the contrary, a written contract or our written confirmation shall be authoritative for the content of such agreements.

§ 2 Offer and conclusion of contract

  1. If an order is to be regarded as an offer in accordance with § 145 BGB, we may accept it within two weeks.
  2. In case of an order via our online 3D printing calculator, the customer will receive an automatic confirmation email. This notification of receipt of the order does not constitute an acceptance of the offer, it merely documents the receipt of the order by the customer.
  3. Only by sending our order confirmation (acceptance of the offer), which is sent in a separate email, a contract is concluded.
  4. The component production is carried out using the transmitted 3D data. The general tolerances for prototypes based on DIN 16742 apply. In particular, toleranced manufacturing dimensions, surface tolerances and shape and position tolerances according to the enclosed drawings are to be regarded as a guideline depending on the component geometry, but cannot be directly influenced in production and do not represent a guaranteed property.

§ 3 Documents provided

We reserve the property rights and copyrights to all documents provided to the customer in connection with the placing of the order – also in electronic form – such as calculations, drawings, etc.. These documents may not be made accessible to third parties unless we give the customer our express written consent to do so. If we do not accept the customer’s/buyer’s offer within the period of § 2, these documents shall be returned to us without delay.

§ 4 Prices and payment

  1. Unless otherwise agreed in writing, our prices are valid from the factory excluding packaging and plus value added tax at the applicable rate. Costs for packaging will be invoiced separately.
  2. Payment of the purchase price shall be made exclusively to the account specified on the contract documents. The deduction of cash discount is only permissible with a special written agreement.
  3. Unless otherwise agreed, the purchase price shall be paid within 14 days after delivery or receipt of invoice. Interest on arrears shall be fixed at 8% above the respective prime rate p.a.. We reserve the right to assert a higher damage caused by default.
  4. If no payment of the purchase price can be ascertained even after two reminders, we reserve the right to call in a collection agency without prior notification.
  5. Private persons (natural persons) can not make use of an invoice purchase. In that case, the total value of the goods, including the currently valid VAT and packaging and shipping costs, is due immediately before production of the goods. The invoice amount can be paid in advance by cash in advance, PayPal or credit card. After receipt of the full invoice amount, we will immediately execute the order.
  6. Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in labor, material and distribution costs for deliveries made 3 months or more after the conclusion of the contract.
  7. Currently, a minimum order value of 50€ plus the currently valid VAT applies. For various technology and material combinations, however, this value can be up to 100€ plus the currently valid VAT.

§ 5 Rights of retention

The purchaser is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 6 Delivery time & shipping costs

  1. The commencement of the delivery period stated by us is subject to the timely and proper fulfillment of the purchaser’s obligations. We reserve the right to plead non-performance of the contract.
  2. If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased goods shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor’s delay.
  3. Unless an expressly binding delivery date has been agreed, our delivery dates or delivery periods are exclusively non-binding information.
  4. Costs for packaging material and shipping are not part of the purchase price. If several products are ordered, they may be delivered together in one box.
  5. We mainly ship with UPS, DHL and Deutsche Post. The cost of shipping is calculated by the weight, the dimensions of the shipping cartons and the country of delivery.

§ 7 Transfer of risk during shipment

If the goods are shipped to the purchaser at the purchaser’s request, the risk of accidental loss or accidental deterioration of the goods shall pass to the purchaser upon dispatch to the purchaser, at the latest upon leaving the factory/warehouse. This shall apply irrespective of whether the goods are shipped from the place of performance or who bears the freight costs.

§ 8 Reservation of ownership

  1. We reserve ownership of the delivered item until full payment of all claims arising from the delivery contract. This shall also apply to all future deliveries, even if we do not always expressly refer to this. We shall be entitled to take back the object of sale if the customer acts in breach of contract.
  2. As long as the ownership has not yet passed to him, the purchaser is obliged to treat the object of sale with care. As long as ownership has not yet passed to him, the purchaser must inform us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action pursuant to § 771 ZPO (German Code of Civil Procedure), the purchaser shall be liable for the loss incurred by us.
  3. The purchaser is entitled to resell the reserved goods in the normal course of business. The purchaser hereby assigns to us the claims against the customer arising from the resale of the goods subject to retention of title in the amount of the final invoice amount agreed with us (including value added tax). This assignment shall apply irrespective of whether the purchased goods have been resold without or after processing. The customer shall remain authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves shall remain unaffected. However, we shall not collect the claim as long as the customer meets his payment obligations from the proceeds collected, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have not been suspended.
  4. The processing or transformation of the object of sale by the customer shall always be carried out in our name and on our behalf. In this case, the purchaser’s expectant right to the object of sale shall continue in the transformed object. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the objective value of our object of sale to the other processed objects at the time of processing. The same shall apply in the event of mixing. If the mixing takes place in such a way that the item of the customer is to be regarded as the main item, it shall be deemed agreed that the customer transfers co-ownership to us on a pro rata basis and shall keep the sole ownership or co-ownership thus created for us. To secure our claims against the purchaser, the purchaser also assigns to us such claims against a third party as accrue to him through the combination of the reserved goods with a property; we accept this assignation already now.
  5. We undertake to release the securities to which we are entitled at the request of the customer insofar as their value exceeds the claims to be secured by more than 20%.

§ 9 Warranty and notice of defects as well as recourse/manufacturer recourse

  1. Warranty rights of the purchaser presuppose that the purchaser has duly fulfilled his obligations to inspect the goods and to give notice of defects in accordance with § 377 of the German Commercial Code (HGB).
  2. Claims for defects shall become statute-barred 12 months after delivery of the goods supplied by us to our customer. The statutory limitation period shall apply to claims for damages in the event of intent and gross negligence as well as in the event of injury to life, body and health which are based on an intentional or negligent breach of duty by the user. Insofar as the law mandatorily prescribes longer periods in accordance with § 438 Para. 1 No. 2 BGB (buildings and items for buildings), § 445 b BGB (right of recourse) and § 634a Para. 1 BGB (construction defects), these periods shall apply. Our consent must be obtained prior to any return of the goods.
  3. If, despite all due care, the delivered goods show a defect which was already present at the time of the transfer of risk, we shall, at our discretion, either repair the goods or deliver replacement goods, subject to timely notification of defects. We shall always be given the opportunity to remedy the defect within a reasonable period of time. Claims under a right of recourse shall remain unaffected by the above provision without restriction.
  4. If the subsequent performance fails, the customer may – without prejudice to any claims for damages – withdraw from the contract or reduce the remuneration.
  5. There shall be no claims based on defects in the event of only insignificant deviations from the agreed quality, in the event of only insignificant impairment of the usability, in the event of natural wear and tear as well as in the event of damage occurring after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable operating materials, defective construction work, unsuitable building ground or due to special external influences which are not assumed under the contract. If the purchaser or third parties carry out improper repair work or modifications, there shall also be no claims for defects for these and the resulting consequences.
  6. Claims by the customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labor and material costs, shall be excluded insofar as the expenses increase because the goods delivered by us have subsequently been taken to a location other than the customer’s location, unless the transfer is in accordance with their intended use.
  7. The purchaser’s right of recourse against us shall only exist insofar as the purchaser has not entered into any agreements with its customer which go beyond the legally mandatory claims for defects. Furthermore, paragraph 6 shall apply mutatis mutandis to the scope of the purchaser’s right of recourse against the supplier.

§ 10 Others

  1. This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. The place of performance and exclusive place of jurisdiction and for all disputes arising from this contract is our registered office, unless otherwise stated in the order confirmation.
  3. All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract.
  4. Should individual provisions of this contract be or become invalid or contain a loophole, this shall not affect the remaining provisions.