Conditions

Find our terms and conditions.

§ 1 scope

  1. These terms and conditions apply to business relations of any kind between 3DBAVARIA GmbH, Gutenbergstr. 14, 93092 Barbing, and the customer i.e. entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 Paragraph 1 BGB as well as towards natural persons. Conditions of the customer that contradict or deviate from our conditions of sale will only be recognized if we expressly agree to their validity in writing.
  2. These conditions of sale also apply to all future business with the purchaser, insofar as they are legal transactions of a related nature.
  3. Individual agreements made with the buyer on a case-by-case basis (including side agreements, additions and changes) always take precedence over these conditions of sale. A written contract or our written confirmation is authoritative for the content of such agreements, subject to evidence to the contrary.

§ 2 Offer and conclusion of contract

  1. If an order is to be viewed as an offer in accordance with Section 145 BGB, we can accept it within two weeks.
  2. In the case of an order via our online 3D printing calculator , the customer receives an automatic confirmation email. This notification of the receipt of the order does not constitute acceptance of the offer, it merely documents the receipt of the order by the customer.
  3. A contract is only concluded when our order confirmation is sent (acceptance of the offer), which is sent in a separate email.
  4. The components are manufactured using the transmitted 3D data. The general tolerances for prototypes based on DIN 16742 apply. In particular, tolerated manufacturing dimensions, surface tolerances and form or position tolerances according to the enclosed drawings are to be seen as guidelines depending on the component geometry, but cannot be directly influenced in production and do not represent a guaranteed property.

§ 1.3 Provided documents

All documents provided to the customer in connection with the placing of the order – also in electronic form – such as B. calculations, drawings, etc., we reserve property rights and copyrights. These documents may not be made available to third parties unless we give the customer our express written consent. If we do not accept the offer of the customer / purchaser within the period of § 2, these documents must be returned to us immediately.

§ 4 prices and payment

  1. Unless otherwise agreed in writing, our prices apply ex works excluding packaging and plus VAT at the currently applicable rate. Packaging costs are billed separately.
  2. Payment of the purchase price must be made exclusively to the account specified on the contract documents. The deduction of a discount is only permitted with a special written agreement.
  3. Unless otherwise agreed, the purchase price must be paid within 14 days of delivery or receipt of the invoice. Interest on arrears is set at 8% above the respective base rate pa. The assertion of a higher damage caused by default remains reserved.
  4. If no payment of the purchase price can be determined even after two warnings, we reserve the right to call in a debt collection company without prior notification.
  5. Private individuals (of course people) cannot make use of a purchase on account. In this case, the entire value of the goods incl. the currently applicable VAT as well as the packaging and shipping costs are due immediately before the goods are produced. The invoice amount can be paid in advance by prepayment, PayPal or credit card. After receipt of the full invoice amount, we will execute the order immediately.
  6. Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in wage, material and distribution costs for deliveries that are made 3 months or later after the conclusion of the contract.
  7. There is currently a minimum order value of 50 € plus the currently valid VAT. For various technology and material combinations, however, this value can be up to € 100 plus the currently valid VAT.

§ 5 Right of Retention

The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 6 delivery time & shipping costs

  1. The start of the delivery time specified by us presupposes the timely and proper fulfillment of the purchaser’s obligations. The exception of the unfulfilled contract remains reserved.
  2. If the customer is in default of acceptance or if he culpably breaches other duties to cooperate, we are entitled to demand compensation for the damage we incur in this respect, including any additional expenses. We reserve the right to make further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which the customer is in default of acceptance or payment.
  3. Unless an expressly binding delivery date has been agreed, our delivery dates or delivery periods are exclusively non-binding information.
  4. The costs for packaging material and shipping are not part of the purchase price shown. If several products are ordered, they may be delivered together in a box.
  5. We mainly ship with UPS, DHL and Deutsche Post. The shipping costs are calculated based on the weight, the dimensions of the shipping boxes and the country of delivery.

§ 7 Transfer of risk when shipping

If the goods are sent to the customer at the request of the customer, the risk of accidental loss or accidental deterioration of the goods passes to the customer when they are sent to the customer, at the latest when they leave the factory / warehouse. This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs.

§ 8 retention of title

  1. We reserve title to the delivered item until all claims from the delivery contract have been paid in full. This also applies to all future deliveries, even if we do not always expressly refer to them. We are entitled to take back the purchased item if the customer behaves contrary to the contract.
  2. As long as ownership has not yet passed to him, the purchaser is obliged to treat the purchased item with care. As long as ownership has not yet passed, the customer must notify us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO, the customer is liable for the loss we incur.
  3. The customer is entitled to resell the reserved goods in the normal course of business. The customer hereby assigns to us the claims against the customer from the resale of the goods subject to retention of title in the amount of the final invoice amount agreed with us (including VAT). This assignment applies regardless of whether the purchased item has been resold without or after processing. The customer remains authorized to collect the claim even after the assignment. Our authorization to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the customer fulfills his payment obligations from the proceeds received, is not in default of payment and, in particular, no application has been made to open insolvency proceedings or payments have been suspended.
  4. The handling and processing or transformation of the purchased item by the customer is always carried out in our name and on our behalf. In this case, the purchaser’s entitlement to the purchased item continues with the remodeled item. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed items at the time of processing. The same applies in the case of mixing. If the mixing takes place in such a way that the purchaser’s item is to be regarded as the main item, it is agreed that the purchaser shall transfer proportional co-ownership to us and keep the sole ownership or co-ownership for us. To secure our claims against the purchaser, the purchaser also assigns to us such claims that accrue to him against a third party through the connection of the reserved goods with a property; we already accept this assignment.
  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 notification of defects as well as recourse / manufacturer recourse

  1. The purchaser’s warranty rights require that he has properly complied with his inspection and complaint obligations under Section 377 of the German Commercial Code (HGB).
  2. Claims for defects become statute-barred 12 months after the goods delivered by us have been delivered to our customer. The statutory limitation period applies to claims for damages in the event of intent and gross negligence as well as injury to life, body and health based on an intentional or negligent breach of duty on the part of the user. As far as the law according to § 438 Abs. 1 No. 2 BGB (buildings and objects for buildings), § 445 b BGB (right of recourse) and § 634a paragraph 1 BGB (construction defects) prescribes longer periods, these periods apply. Prior to returning the goods our permit is to be requested.
  3. If, despite all due care, the delivered goods show a defect that already existed at the time of the transfer of risk, we will either repair the goods or deliver replacement goods, subject to timely notification of defects. We must always be given the opportunity to provide supplementary performance within a reasonable period of time. Recourse claims remain unaffected by the above regulation without restriction.
  4. If the supplementary performance fails, the customer can – without prejudice to any claims for damages – withdraw from the contract or reduce the remuneration.
  5. Claims for defects do not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear, as well as damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable operating resources, defective construction work, unsuitable subsoil or arise due to special external influences that are not required by the contract. If improper repair work or changes are carried out by the customer or a third party, no claims for defects exist for these or the consequences arising from them.
  6. Claims by the customer due to the expenses required for the purpose of supplementary performance, in particular transport, travel, labor and material costs, are excluded if the expenses increase because the goods delivered by us have subsequently been moved to a location other than the customer’s branch unless the shipment corresponds to its intended use.
  7. The purchaser’s right of recourse against us only exists insofar as the purchaser has not made any agreements with his customer that go beyond the legally mandatory claims for defects. Paragraph 6 also applies accordingly to the scope of the purchaser’s right of recourse against the supplier.

§ 10 miscellaneous

  1. This contract and all legal relationships between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (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 ineffective or contain a loophole, this shall not affect the remaining provisions.