English
General Terms and Conditions of Business
of DimensionAlley – Amin Torabi (herafter DimensionAlley)
for 3D printing services
(Dated 10/2014)
1. Scope, consumers, entrepreneurs
1.1. These terms and conditions of business apply both to purchasers who are consumers and to entrepreneurs. A consumer is (Section 13 German Civil Code; BGB) any natural person who concludes a legal transaction for a purpose that can neither be attributed to his/her commercial nor self-employed business activities. An entrepreneur is (Section 14 German Civil Code; BGB) a natural or legal person or a partnership with legal capacity, which is working in his/her/its commercial or self-employed business capacity when concluding a legal transaction.
1.2. If the Purchaser is an entrepreneur, the following applies: These terms and conditions have sole validity for all – including future – deliveries and services. DimensionAlley is not bound by any contrary or additional Purchaser term and conditions, even if DimensionAlley does not dispute them in individual cases, unless they are recognized in writing. In this case, they apply only for the individual contract in question. Special agreements concluded between DimensionAlley and the Purchaser are not affected by this.
2. Conclusion of the contract
If DimensionAlley provides the Purchaser with a required material quantity and price for the part that the Purchaser has inquired about, this does not constitute a legal quotation on the part of DimensionAlley; rather, the Purchaser makes a binding offer by expressly confirming the above mentioned quotation as an order to print. DimensionAlley accepts this offer by expressly confirming via e-mail or in person on the premises of DimensionAlley 3D printing café.
3. No right to cancellation
The Purchaser does not have any right to cancellation as the parts are manufactured according to his/her specification (Section 312d Paragraph 4 No. 1 German Civil Code; BGB).
4. Prohibited parts
4.1. The Purchaser is forbidden to have DimensionAlley manufacture any parts that
– Infringe the rights of third parties, in particular copyright, trademark, utility model or patent rights
– Violate other legal or official regulations, for example Section 17 of the Law on Unfair Competition (Disclosure of business and company secrets), Section 204 of the German Penal Code (Exploitation of other persons’ secrets), Section 130 of the German Penal Code (incitement of hatred and violence), Section 86a of the German penal Code (Use of symbols of unconstitutional organizations)
– Are replicas of weapons or items that could be mistaken for weapons
– Are otherwise in conflict with good morals.
4.2. Should the Purchaser breach his/her contractual obligations, DimensionAlley is entitled to partially, temporarily or definitively interrupt/withdraw from the contract. When selecting the measure, DimensionAlley will also consider the Purchaser’s interests and, in particular, the type and scope of the breach of obligation.
4.3. DimensionAlley is also entitled to terminate the contract if third parties provide plausible evidence of a violation of rights by the Purchaser through manufacture of the part or if there are any indications that the Purchaser has violated his/her obligations under Item 4.1; DimensionAlley has no obligation to check to what extent the rights violation asserted is justified. Rather, the Purchaser is obligated to take legal steps to defend him/herself, for example by taking legal action against the third party.
4.4. DimensionAlley shall inform the Purchaser about the termination immediately and request a statement on the matter.
4.5. The Purchaser shall indemnify DimensionAlley from all claims that third parties assert against DimensionAlley due to violations of the Purchaser’s obligations in accordance with Item 4.1 and will also compensate for all losses arising as a result of this.
5. Manufacture and delivery of the parts, reservation of ownership
5.1. DimensionAlley shall begin manufacturing parts upon receipt of a confirmed request to print.
5.2. The Purchaser is personally responsible for checking his design for completeness, correctness and suitability for the intended use, taking account of the technical framework conditions that apply when manufacturing the parts on the 3D printers in use. As a courtesy to customers, DimensionAlley will make efforts to assure the design is printable using the technology specifically offered but these shall not be considered exhaustive. DimensionAlley reserves the right to charge for checking the printability of items.
5.3. The parts are manufactured on the basis of the Purchaser’s design/design request and represent the machine-readable CMB data record created or made available to DimensionAlley by the Purchaser. Errors in the design and preparation of the data are the Purchaser’s sole responsibility. In the interests of providing a good quality product, DimensionAlley may advise the Purchaser regarding the design or use of the parts but takes no responsibility for a design which renders a poor quality product. DimensionAlley may check the design and specification for printability but also does not assume responsibilty. DimensionAlley reserves the right to charge for the above mentioned service the printability of items.
5.4. If the Purchaser is a consumer, all risks are transferred to him/her as soon as the delivery is made. If the Purchaser is an entrepreneur, all risks are transferred to him/her/the company as soon as DimensionAlley hands the delivery over to the forwarding agent, carrier or other person or agent designated to perform the shipment.
5.5. The goods remain the property of DimensionAlley until full payment has been received.
6. Payment conditions
6.1. DimensionAlley’s invoices are to be paid in EURO without deductions.
6.2. DimensionAlley charges a flat-rate shipping fee of €5.00 including the applicable VAT. For deliveries abroad within the EU, a surcharge of €6.00 is added; for all other countries a surcharge of €12, in each case including the applicable VAT.
6.3. The Purchaser shall be entitled to set off payments only if his/her counterclaims have been established in a court of law or are uncontested. The Purchaser shall be authorized to make use of a right to retention only if his/her counterclaim is based on the same contractual relationship.
7. Claims due to a goods defect
7.1. In the case of defects, the Purchaser is entitled to statutory claims.
7.2. If the Purchaser is an entrepreneur, the following also applies:
7.2.1. The Purchaser bears the obligation to inspect and report defects as set out in commercial law (Section 377 of the German Commercial Code; HGB).
7.2.2. Should the Purchaser be subject to claims from a consumer or, by way of recourse, by an entrepreneur due to a goods defect, he/she must inform DimensionAlley without delay. Recourse against DimensionAlley is possible only in the case that the Purchaser has not concluded any agreement with his/her customer that goes beyond the statutory claims under liability for defects.
7.2.3. The period of limitation for Purchaser’s claims due to goods defects is one year. This does not apply to claims for compensation based on bodily injury or damage to health or on intent or gross negligence on the part of DimensionAlley or their agents. Section 479 Para. 1 of the German Civil Code (BGB) is also unaffected by this.
8. Liability
8.1. Liability of DimensionAlley due to slightly negligent infringement of unimportant contractual obligations is excluded. In the case of slightly negligent infringement of key contractual obligations (in particular the obligation to timely and defect-free delivery of goods), DimensionAlley’s liability is limited to foreseeable damage typical of the contract type in question.
8.2. DimensionAlley’s liability under the German Product Liability Act remains unaffected.
8.3. If the Purchaser is an entrepreneur, the following also applies: The period of limitation for the Purchaser’s claims for compensation that are not based on goods defects is one year. This does not affect the statutory period of limitation for claims due to intent, gross negligence or damage to body or health on the basis of the German Product Liability Act.
9. Applicable law, jurisdiction, data protection, severability clause
9.1. German law applies; the UN international trade law (CISG) is excluded.
9.2. If the Purchaser is a merchant, DimensionAlley’s registered office is agreed as the place of jurisdiction; however, DimensionAlley is also entitled to initiate legal proceedings at the location of the Purchaser’s registered office.
9.3. DimensionAlley shall collect, process and use the data required from the Purchaser, particularly the name and address, for the purpose of fulfilling this contractual relationship only.
9.4. Should one or more of these conditions be found to be or become invalid, this shall not affect the validity of the remaining conditions.