GENERAL TERMS AND CONDITIONS
The order is accepted based on the terms and conditions. By placing an order you accept the terms and conditions. Deviations must be made in writing. Purchasing conditions deviating from these conditions or similarly named by the client are not valid.
§ 1 Scope, Identity, Definitions
(1) These general terms and conditions (hereinafter: GTC) apply to all contracts whose object is the placing of 3D print orders with PrintStones GmbH (hereinafter: Printstones). The scope of these terms and conditions also extends to all future legal relationships between Printstones and the client via 3D printing orders.
These terms and conditions apply exclusively. Deviating, conflicting or supplementary terms and conditions of the customer only become part of the contract if and to the extent that Printstones has expressly agreed to their validity. This approval requirement applies in any case, for example, even if Printstones carries out the order without reservation, knowing the terms and conditions of the client.
(2) The identity of Printstones is: PrintStones GmbH, Gutheil-Schodergasse 8-12, A-1100 Vienna, Austria, tel.: +43 660 7271701, email: , homepage: www.printstones.eu, legal form: limited liability company, commercial register number: 481068d, jurisdiction: Vienna Commercial Court, sales tax identification number: ATU72729103.
(3) The following terms of sale, delivery and payment only apply if the customer is an entrepreneur (§§ 1ﬀ UGB), a legal entity under public law or a special fund under public law.
§ 2 Conclusion of Contract / Right of Withdrawal
(1) Printstones is accepting orders in two ways.
The client sends Printstones the necessary print files in 3D data format. Printstones checks the documents and creates a binding offer by post, email or fax. Printstones is bound to the offer for 14 days. The contract is concluded with the timely acceptance of the offer.
b. Online (not available at the moment):
The client can also order Printstones online if he has print data in the formats specified for it.
The print data can be uploaded and the parameters of the print job selected via the website (hereinafter: website). The website then immediately shows the contract data (esp. price, expected delivery time, shipping costs). This is also possible without a customer account, i.e. anonymously.
The client then needs a customer account for the order. If the client is logged in there, the parameters displayed (price, expected delivery time, shipping costs) already represent the binding offer of Printstones. By clicking the button "Order" after confirming your agreement with these terms and conditions, the contract is binding.
Printstones will then send the client an automatic confirmation of receipt by email, which contains the client's order including these terms and conditions and which the client can print out and / or save and / or archive with the email. The contractual text is saved by Printstones while protecting sensitive data.
Before the Printstones website generates an offer, it automatically checks the uploaded file for errors that affect the print result. If it finds errors, the client can request the free and automated correction. This correction is carried out immediately in the case of an order by the client and the client is shown a 3D image of the product based on the corrected print data (hereinafter: "print release"). Any print job is then based on this print release. It is therefore imperative that the customer carefully checks the print release. Subsequent complaints / requests for changes to the print data are excluded after approval for printing.
(2) Printstones' right to withdraw from online orders
The website can determine data errors with an accuracy of approx. 99%. In an average of 1% of cases, it is only after commissioning the manual inspection by Printstones that it becomes apparent that the data cannot be printed or cannot be printed under the agreed conditions. In this case Printstones has the right to withdraw.
With certain parameters, it is not possible for the website to calculate a binding price. The client will be informed of this before the order is placed. The order is nevertheless concluded with the non-binding price displayed, but Printstones has a right of withdrawal if Printstones determines a higher effort in the relevant manual calculation.
(3) Right to refuse and withdraw from inadmissible orders
Printstones will reject orders that relate to the printing of weapons and / or parts thereof or objects whose manufacture and / or possession is illegal or whose manufacture and / or possession violates the rights of third parties. The same applies to other orders that violate legal prohibitions. If a contract has been concluded for such orders, Printstones can withdraw from the contract if it recognizes the illegality only after the contract has been concluded. Section 7 also applies.
§ 3 Production, Delivery Times, Delivery Locations
(1) The ordered parts are either manufactured by Printstones itself or by a manufacturing partner of Printstones. Printstones is entitled to outsource the production to such a manufacturing partner.
(2) The delivery times cannot be specified in advance for technical reasons, since they depend on the scope of the order and the capacities of Printstones. The deadlines calculated individually for each offer are therefore non-binding. If the deadline communicated without obligation is exceeded, Printstones will notify you in good time.
(3) If the client absolutely needs the print on a certain date, he must state this when placing the order. In this case, a binding deadline can be agreed.
(4) In case of delays in delivery and performance due to force majeure and due to events that not only temporarily make delivery difficult or impossible for Printstones - this includes, in particular, strikes, lockouts, official orders, etc., even if they occur with suppliers of Printstones or whose subcontractors enter - Printstones is not responsible even for bindingly agreed deadlines and dates. They entitle Printstones to postpone the delivery or service by the duration of the disability plus a reasonable start-up time.
(5) If the hindrance lasts longer than six months, the client is entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the part not yet fulfilled. If the delivery time is extended or Printstones is released from its obligation, the client cannot derive any claims for damages from this. Printstones can only rely on the above-mentioned circumstances if Printstones notifies the client immediately.
(6) If Printstones is responsible for the non-compliance with bindingly agreed deadlines and dates or is in default, the client is entitled to compensation for delay in the amount of 0.50% for each completed week of the delay, but in total up to a maximum of 5% of the Net invoice value of the deliveries and services affected by the delay. Printstones reserves the right to prove that the client suffered less damage than the above flat rate.
(7) The rights of the client according to § 10 remain unaffected.
(8) Printstones is entitled to partial deliveries and partial services at any time, unless the partial delivery or partial service is of no interest to the client.
(9) Compliance with the delivery and performance obligations of Printstones requires the timely and proper fulfillment of the obligations of the client.
(10) If it becomes apparent after the conclusion of the contract (e.g. by requesting the opening of insolvency proceedings) that Printstones' claim to remuneration is at risk due to the client's inefficiency, Printstones is entitled to withdraw or can execute the previous remuneration (advance payment) or make dependent on security line.
(11) If the client defaults on acceptance, Printstones is entitled to demand compensation for the damage incurred; with the onset of default in acceptance, the risk of accidental deterioration and accidental loss passes to the client.
§ 4 Retention of Title
The finished products remain the property of Printstones until full payment has been made.
§ 5 Prices and Shipping costs, Self Pick-Up
(1) All prices stated by Printstones include the applicable statutory sales tax, unless there is an exemption from sales tax.
(2) The shipping costs are given to the client in the "Classic" or "Online" options.
(3) Unless expressly agreed otherwise in writing, Printstones chooses the type of shipping and packaging at its own discretion.
(4) The shipment is insured with a value of goods up to €500.-. If the client wishes to secure higher sums insured, they must state this.
(5) If collection of the print product and / or the template has been agreed by the client, the delivery will take place without checking the authorization of the person collecting the document, upon proof of the confirmation of receipt to be issued when ordering.
(6) If the pick-up of the print product and / or the template has been agreed by the client, the client will be in default of acceptance 14 days after notification that the print product and / or template is ready for pick-up. After 4 weeks, Printstones is no longer obliged to keep the data. Printstones reserves the right to send and / or dispose of the printed matter and / or the templates to the customer on delivery.
§ 6 Prices / Payment Options
(1) The prices cannot be given as a flat rate on a price list, as they depend on the scope of the order and the capacity of Printstones. They are calculated individually for each offer. The same applies to payment terms, due dates and payment discounts.
(2) Payment can be made in advance by bank transfer, PayPal or credit card. In the case of a transfer, Printstones only begins the order after receipt of the payment, or immediately when paying by PayPal or credit card.
(3) Clients can also request the activation of the "payment on account" function. Printstones can also activate this function without a request. If this function is enabled by Printstones and is used by the client, payment is only due upon receipt of the invoice when the printed product is sent. Printstones can withdraw the activation of the "Payment on account" function at any time in the future.
§ 7 Intellectual Property Rights / Copyrights / Rights to Documents and Data
(1) The client assures that the data and / or products transmitted by him for printing are free of third party rights in such a way that printing by Printstones does not violate any third party rights (in particular, but not exclusively, copyrights, patent rights, design rights, competition rights) or that the permission of the rights' holder is available, and that no legal prohibitions are violated.
(2) The customer releases Printstones from all legitimate claims and claims that are asserted due to the violation of third party rights. This also includes reasonable expenses for the legal defense of Printstones, for which Printstones is also entitled to advance payment in the amount of the expected costs against the client.
(3) The customer is obliged to notify Printstones immediately in writing if claims are asserted against him due to infringement of third party rights in connection with products manufactured by Printstones.
(4) The customer transfers to Printstones - if necessary - the rights of use required for the execution of the order (in particular, but not exclusively, the right to reproduce and distribute, in the case of publication of references by Printstones in accordance with § 8 paragraph (2) also the right to public access).
(5) If the client is not sure whether his print order violates third party property rights, he can commission a specialist mediated by Printstones for industrial property protection and / or a specialist lawyer for copyright and media law with the examination at a flat rate. This service is only mediated by Printstones, the contract is concluded exclusively between the client and the mediated lawyer.
§ 8 Data Protection / Data Security / Reference
(1) Printstones uses the customer's personal data only insofar as this is necessary for the purchase and in accordance with the data protection regulations. This includes the storage of the data required for contract execution. Upon request, Printstones will transmit the data stored by Printstones to the client. For the rest, reference is made to Printstones' data protection declaration: Data Protection Policy.
(2) Printstones can publish suitable pictures, videos and references of the printed goods for advertising its services.
(3) Printstones expressly points out that sending sensitive data by email and / or fax is not secure. It takes place at the risk of the client. It is the responsibility of the client to ensure secure transmission here.
(4) If the order is placed online via the website, the data to be uploaded there is automatically saved / encrypted.
(5) Provided that Printstones has concluded effective confidentiality agreements with its manufacturing partners and, if applicable, data processing law contract processing contracts, the customer revocable consented to the anonymized transmission of the documents necessary for the preparation of offers as well as the manufacturing data by Printstones to its partners for the implementation of these Contract. The transmission can be made by post in tear-proof packaging, electronically or in writing. Printstones will treat the data confidentially. The customer grants Printstones a transferable license to use and forward the models, technical drawings and data that the customer sends to Printstones for the purpose of preparing and fulfilling this contract.
§ 9 Warranty for Defects, Guarantee
(1) Printstones is liable for material defects in accordance with the applicable legal regulations. However, the limitation in § 10 applies to claims for damages.
(2) The warranty period for entrepreneurs is limited to 12 months.
(3) There is an additional guarantee for the goods delivered by Printstones only if this has been expressly given in the order confirmation.
(4) Printstones checks the feasibility of the print job for both classic and online orders. If this is not the case, Printstones will point this out and no contract will be concluded. In borderline cases where printing is possible, e.g. Printstones informs the client that the print object would have below-average stability. However, if the client wishes printing, he cannot claim any warranty rights due to the fact that Printstones has referred to.
(5) Despite the greatest care, there may be deviations in color, which the client must accept as a proper fulfillment, provided the deviations are not significant. The same applies to dimensional differences that result from shrinking or stretching of the materials used. Printstones also accepts no liability for changes that subsequently occur due to external influences (e.g. weather, light, moisture), unless it has given an assurance.
(6) The customer's claims for defects are excluded for the defect in question,
a) if the client has not complied with his existing statutory inspection and notification obligations;
b) in the event that the client has no legal obligation to inspect and give notice of defects, if he is nevertheless an entrepreneur and has not reported obvious defects to Printstones in writing within 7 working days of receipt of the delivery and defects not recognizable during the examination within 7 working days of discovery.
(7) If the customer requests the deletion of the print data transmitted to Printstones, the deletion of this data also invalidates the customer's warranty rights.
§ 10 Liability
(1) Claims by the client for damages are excluded. This includes claims for damages on the part of the customer from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Printstones, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, Printstones is only liable for the foreseeable damage typical for the contract if this was simply caused by negligence, unless the client is entitled to compensation for damage to life, limb or health.
(3) The restrictions of paragraphs (1) and (2) also apply in favor of the legal representatives and vicarious agents of Printstones if claims are asserted directly against them.
(4) The liability restrictions resulting from paragraphs (1) and (2) do not apply if Printstones maliciously concealed the defect or provided a guarantee for the quality of the item. The same applies if Printstones and the client have reached an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.
(5) Despite the greatest care, deviations in material quality can occur. Goods manufactured by Printstones are not tested for structural behavior under a load or specific boundary conditions. Use of the goods manufactured by Printstones as a commodity or as part of a building is at your own risk. On request, Printstones can arrange an expert for structural behavior and/or material tests. This service is only mediated by Printstones, the contract is concluded exclusively between the client and the mediated expert.
§ 11 Termination
If the client makes use of his right of termination, Printstones can demand 15% of the agreed remuneration as a lump sum if the execution has not yet started. If the execution has already started, 80% of the agreed remuneration must be paid. The customer reserves the right to prove that Printstones had greater savings.
§ 12 Right of Retention
(1) The client can only offset against the claims of Printstones with undisputed or legally established claims.
(2) The client may only exercise a right of retention if his counterclaim is based on this contract.
(3) In the event of defects in the delivery, the client's counter-rights remain unaffected.
§ 13 Right of Cancellation / Cancellation Policy
A right of withdrawal do not exist according to § 18 paragraph 1 line 2, line 10; Paragraph 2; Paragraph 3 of the FAGG, as the services provided by Printstones for 3D printing orders are always based on individual selection or determination by the client.
§ 14 Ethics Clause
We voluntarily keep ourselves to the following requirements:
(1) Our products must not violate any national or international laws. This also includes laws on trade in endangered species.
(2) Our products must not be unsafe.
(3) Our products may not be prescription-only.
(4) Our products must not infringe any intellectual property rights and must not violate laws or guidelines against product piracy.
(5) We also expect our customers to act in compliance with the law.
§ 15 Severability clause
(1) Should individual provisions of this contract be ineffective or void in whole or in part or become ineffective or void in whole or in part as a result of a change in the legal situation or by judicial rulings or in any other way, or if there are gaps in this contract, the parties agree that the remaining provisions of this contract remain unaffected and remain valid.
(2) In this case, the contracting parties undertake, taking into account the principle of good faith instead of the ineffective provision, to agree an effective provision which comes as close as possible to the meaning and purpose of the ineffective provision and which can be assumed that the parties they would have agreed at the time the contract was concluded if they had known or had foreseen the ineffectiveness or nullity. The same applies if this contract should contain a loophole.
§ 16 Final Provisions
(1) The law of the Republic of Austria applies to contracts between Printstones and the client to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer is habitually resident, remain unaffected.
(2) If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the client and Printstones is Printstones' registered office.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. If applicable, the statutory provisions replace the ineffective points. Insofar as this would represent an unreasonable hardship for a contracting party, the contract as a whole will become ineffective.
(4) If there are different versions of these general terms and conditions in other languages, the German version applies in case of doubt.
End of general terms and conditions