General Terms and Conditions of JOTENA3D e.K. (owner and operator: Jens Johnen) about the production, acquisition and delivery of 3D busts, 3D portraits, 3D prints and 3D replicas as well as other products and accessories (3D goods) stationary and distance selling via the Internet shop: www.jotena3d.de
Part A: General terms and conditions
§ 1 Subject matter of the contract; scope of application
1. Jens Johnen, owner of JOTENA3D e.K. (operator data see imprint) is operator of a 3D scan service and an internet shop at www.jotena3d.de (hereinafter referred to as operator or shop) and offers customers via its 3D scanners at its place of business and in local trade and via this shop among other things the production, purchase and delivery as well as the re-ordering of 3D busts, 3D portraits, 3D prints and 3D replicas as well as other products and accessories (3D goods).
2. These general terms and conditions of Jotena3D (3D-AGB) are valid for all customers with the first 3D-Scan as well as the first access to the contents, internet services and 3D-goods held in the shop. These 3D-AGB are supplemented by the following consumer information and the data protection notice in its current version in the shop.
3. Counter-confirmations by customers with reference to their own terms of use, business and/or purchase are hereby contradicted. Individual agreements remain unaffected by this.
4. The customers are entitled to acquire the offered scans and 3D goods according to the following provisions.
§ 2 Conditions for Use; Conclusion of Contracts for the Purchase of 3D Goods
1. The offer of Jotena3D is directed exclusively at adults, i.e. persons who have reached the age of 18 years. Children and adolescents require the consent of their legal guardians. The customer of full age can have 3DScans made and purchase 3D goods based on them at www.jotena3d.de, as long as he accepts the validity of these GTC by mouse click. When placing an order, the customer must provide information about his age and his status as an entrepreneur or consumer; all information must be truthful. Jotena3D reserves the right to request appropriate proof of age, trade or self-employment.
2. The presentation of the 3D goods in the shop does not constitute a binding offer. Only the order of a 3D product or service by the customer is a binding offer in the legal sense.
3. The customer has the possibility to select 3D goods and services, such as individualizations (e.g. initials, inscriptions) by mouse click and place them in his shopping cart. In stationary trading, this can also be done by authorized sales personnel of the respective dealer in the name and on behalf of the customer. As long as the 3D goods or services are in the shopping cart, the customer or the sales staff can cancel the order process at any time. Only with the sending off of the completely filled out order form the customer makes a binding offer. In the course of the ordering process, the customer shall be informed of any right of revocation to which he may be entitled.
4. he operator stores and uses the data and information transmitted to him for the initiation, execution and handling of the desired contract.
5. The operator confirms the receipt of the order immediately (order confirmation). The confirmation will be sent to the e-mail address given by the customer in the order form. This order confirmation already represents the binding acceptance of the customer offer. The order confirmation also contains the consumer information in distance selling, the revocation instructions and the sample revocation form in text form.
6. The customer can confirm by mouse click that the production of the 3D print is to begin immediately after conclusion of the contract, whereby any right of objection expires.
§ 3 Object and form of 3D goods delivery; time of delivery and performance; delays in delivery and performance, default of acceptance
1. Unless otherwise agreed, the delivery of 3D-goods is always made from the warehouse of the operator to the delivery address indicated by the customer by a parcel service commissioned by the operator or a forwarding agent. The operator is also entitled to send the 3D goods to the customer from any other location. If the order was placed in a stationary store, the 3D goods can also be shipped to the respective department store for collection at the customer's request.
2. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer or a person authorized to receive them upon delivery. In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to a suitable transport person (e.g. parcel service, freight forwarder) upon delivery of the goods.
3. The delivery of the 3D-goods takes place after processing of a 3D-artist, production and post-processing as a rule at short notice, at the latest however within 35 working days to the customer.
4. The Operator shall not be responsible for delays in delivery and performance due to force majeure and due to events which make delivery significantly more difficult or impossible for the Operator not only temporarily - this includes in particular strikes, lock-outs, official orders etc., even if they occur at the Operator's suppliers or their sub-suppliers - even in the case of bindingly agreed deadlines and dates. They entitle the operator to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the part not yet fulfilled.
5. If the hindrance lasts longer than three months, the customer shall be 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 if the operator is released from his obligation, the customer cannot derive any claims for damages from this. The operator can only refer to the mentioned circumstances if he informs the customer immediately.
6. The operator is entitled to partial deliveries and partial services at any time, unless the partial delivery or partial service is not of interest to the customer.
7. The observance of the delivery and service obligations of the operator presupposes the timely and proper fulfilment of the obligations of the customer.
8. If the customer is in default of acceptance, the operator is entitled to demand compensation for the damage incurred; with the occurrence of the default of acceptance, the risk of accidental deterioration and accidental loss passes to the customer.
§ 4 Prices; packaging and shipping costs; customs duties; costs of returning goods when exercising the right of revocation; invoicing data; reservation of title
1. The prices quoted include value-added tax and are subject to the addition of the packaging and shipping costs quoted. Any customs duties shall be borne exclusively by the customer.
2. The operator is entitled to pass on the master and accounting data transmitted to him to third parties, as far as necessary for the collection. In the case of orders via the stationary trade, the collection is carried out by the respective department store.
3. The delivered goods remain the property of the operator until full payment has been made. The operator is in particular entitled, if he withdraws from the contract e.g. because of the default of payment of the customer, to prohibit the further use of the goods. Should a third party have access to the reserved goods before the complete payment of the contractual goods, the customer is obliged to inform this third party about the reservation of the operator and to inform the operator immediately in writing about the access of the third party.
4. In the event of exercising the right of withdrawal, the consumer shall bear the cost of returning the 3D goods.
§ 5 Right of revocation; consumer information; information in electronic business transactions
1. consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity:
Revocation instruction
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (JOTENA3D e.K., owner Jens Johnen, Am Elfengrund 60, D-64297 Darmstadt, e-mail: info@jotena3d.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached model withdrawal form, which is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse a refund until we have received the 3D Goods back or until you have provided evidence that you have returned the 3D Goods, whichever is earlier.
You must return the 3D goods to us immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest.
to send it back or hand it over. The deadline is met if you send the 3D goods before the expiry of the fourteen-day deadline. You shall bear the direct costs of returning the 3D goods.
They shall be liable for any depreciation of the 3D goods only if such depreciation is due to handling of the 3D goods that is not necessary to verify their nature, properties and functionality.
Exclusion of the right of revocation
The right of revocation does not apply to contracts, among other things
• the supply of goods which are not prefabricated and the manufacture of which is determined by an individual choice or destination made by the consumer or which are clearly tailored to the personal needs of the consumer.
• for the delivery of 3D goods that can spoil quickly or whose expiration date would quickly be exceeded.
• for the delivery of sealed 3D goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery.
• for the delivery of 3D goods, if these have been inseparably mixed with other goods after delivery due to their nature.
2. Attention: Busts, 3D portraits or spare parts based on scans of the customer, his protective servants (e.g. children) or original parts provided by the customer are goods which are not prefabricated and for the production of which an individual selection or destination by the customer is decisive or which are clearly tailored to the personal needs of the customer. There is therefore no right of withdrawal for customers for these 3D goods at the beginning of the production process!
3. The customer has extensive information at his disposal in the shop about the possibilities of use and the manner of use of the shop and the shopping offer. For the rest, reference is made to the consumer information/information in electronic commerce reproduced in Part B.
§ 6 Warranty for material defects and defects of title vis-à-vis consumers
1. In the event of a defect, the statutory provisions of the BGB shall apply. The assignment of these claims of the customer is excluded.
2. The limitation period is two (2) years and begins with the delivery of the 3D goods or with the provision of the services subject to a charge by the operator.
3. The operator's instructions on the treatment, use and care of the 3D goods must be observed.
§ 7 Warranty for material defects and defects of title vis-à-vis entrepreneurs
1. New 3D goods shall be delivered free of defects; the period for asserting claims based on defects shall be one (1) year from delivery of the goods or with provision of the services subject to a charge by the Operator.
2. In all other respects, the relevant statutory provisions shall apply with regard to warranty of quality and warranty of title.
3. the operator's instructions on the treatment, use and care of the 3D goods must be observed. In the case of printed spare parts, any use, installation or operation shall be the sole responsibility of the customer.
§ 8 Liability, limitation of liability of the operator
1. The operator is liable without limitation for intent and gross negligence. In the case of violations of essential contractual obligations caused by slight negligence on the part of the operator or its legal representatives or vicarious agents within the scope of this contract, the liability of the operator towards customers is limited to the foreseeable, contract-typical, direct average damage. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
2. The above limitations of liability shall not apply to claims of the customer arising from product liability. Furthermore, the limitations of liability do not apply to injuries to life, body and health of customers attributable to the operator.
3. if a damage is to be led back both on a fault of the operator and on a fault of the customer, the customer must let his contributory negligence be taken into account. Paragraph 1 remains unaffected.
§ 9 Rights and obligations of the customer in case of transmission of own 3D print data
1. In the case of the transmission of own 3D print data, the customer is obliged to check the correctness, completeness and - according to the operator's specifications - suitability of the data transmitted and intended for 3D printing for achieving a sufficient print quality before releasing them for printing.
2. the customer is furthermore obliged to check his data before releasing it for printing to see whether the content of a delivery to be produced from it violates statutory provisions, in particular in the area of trademark, copyright and competition law as well as patent, design and utility model law or violates other rights of third parties (e.g. contractual rights).
3. the operator has no obligation to check and warn with regard to the obligations existing for the customer according to sections 9.1 and 9.2.
4. The customer undertakes to indemnify the operator from all claims which third parties assert against the operator due to infringements of statutory provisions or infringements of rights, insofar as the (alleged) infringements or infringements are based on (data) content transmitted by the customer or on information provided by the customer.
5. Subsequent changes to the originally submitted specifications and (data) contents must be communicated in text form. If the operator only carries out verbally transmitted changes at the express request of the customer, this is done without liability for their content accuracy, completeness and suitability to achieve sufficient print quality. Changes compared to originally submitted specifications and (data) contents may be calculated according to the time spent and the material used.
§ 10 Data protection
1. The operator has taken comprehensive technical and organizational precautions to ensure the confidential and exclusively intended treatment of data. However, misuse by illegal actions of third parties cannot be completely excluded.
2. The operator undertakes to use or forward the data stored during registration and use only for his own purposes or for the purposes of initiating or processing contracts initiated or concluded via the shop and not to pass them on to outside third parties, unless there is an official obligation to do so or the customer has expressly given his consent. This regulation on the handling of data is substantiated and supplemented by the data protection notice and the customer information on data protection.
3. The operator commits itself to obligate all employees who are entrusted with the administration and/or the operation of the shop to the strict observance of data protection regulations.
§ 11 Copyright and industrial property rights
1. All graphics, texts and programs on the shop are subject to copyright and may not, not even partially or in part, be published, made accessible to others or used or published in any other way.
2. The customer undertakes not to remove or obscure the copyright notices or other references to such rights contained on the shop.
§ 12 Alternative dispute resolution: OS platform and dispute settlement proceedings according to §§ 36, 37 Consumer Dispute Resolution Act (VSBG)
1. The EU Commission shall provide an Internet platform for the online settlement of disputes (so-called "OS platform"). The OS platform is intended to serve as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. The OS platform can be reached via the following link: http://ec.europa.eu/consumers/odr
2. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration body.
§ 13 General
1. The law of the Federal Republic of Germany shall apply exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is Darmstadt in the Federal Republic of Germany, insofar as the customer is a merchant or a public corporation. The operator is also entitled to sue at the general place of jurisdiction of the customer.
2. In case of doubt, the German contractual text of these General Terms and Conditions and their components shall take precedence over translations in other languages.
3. The supplementary components of these 3D GTC can all be accessed at www.jotena3d.de .
4. The invalidity of one or more provisions of these GTC shall not affect the validity of the remainder of this contract. The parties shall endeavour to jointly find an effective provision for an invalid provision that comes as close as possible to the economic purpose of the invalid clause.
Part B: Consumer information/information in electronic commerce for distance contracts concerning the manufacture, purchase and supply of 3D busts, 3D portraits, 3D prints and 3D replicas and other products and accessories (3D goods), stationary and distance via the internet shop: www.jotena3d.de
If you order 3D goods from us when visiting our shop or using other means of distance communication, we would like to draw your attention to the following:
1. Operator data:: JOTENA3D e.K., Inh. Jens Johnen, Am Elfengrund 60 D-64297 Darmstadt Tel: +49 (0) 6151-2789837 E-Mail: info@jotena3d.de
2. The essential characteristics of the 3D goods and services offered by us as well as the validity period of limited offers can be found in the individual 3D goods descriptions in our shop.
3. The language available for the conclusion of the contract is currently German.
4. The presentation of our 3D goods and services does not constitute a binding offer on our part. You have the possibility to select 3D goods and services, such as individualizations (e.g. initials, labels) and put them in your shopping cart. As long as the 3D-goods are in your shopping cart, you have the possibility to extend, change or delete your selection at any time or to have this done by the sales staff. Only by clicking on the button "order with payment" on the last page of the order process do you place a binding order for the 3D goods contained in the shopping basket in accordance with § 145 BGB (German Civil Code). We will confirm receipt of the order immediately (order confirmation). Confirmation will be sent to the e-mail address you entered in the order form. This order confirmation already represents acceptance of your offer. The order confirmation also contains the consumer information in distance selling, the revocation instructions and the sample revocation form in text form.
5. You can recognize possible input errors with delivery of your order with the final confirmation before the cash and correct with the help of the deletion and change function before sending the order at any time (let).
6. The prices quoted by us are final prices including taxes within the Federal Republic of Germany and, if applicable, plus the packaging and shipping costs quoted. The total price of the 3D goods ordered by you, including all components, can be clearly seen in the shop before completion of the order process. Any customs duties will be charged exclusively to you and will not be borne by us under any circumstances.
7. The payment of the 3D-goods takes place exclusively by prepayment (bank transfer, cash payments, immediate transfer, credit card [Mastercard, Visa] or PayPal™).
8. You can address any complaints to us at any time by letter, e-mail or telephone during our business hours. We will then get in touch with you as soon as possible.
9. Liability for defects shall be governed by §§ 6-7 of our 3D General Terms and Conditions as well as by the statutory provisions.
10. Right of revocation
Consumers are entitled to a right of revocation in accordance with the following provision, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity:
Revocation instruction
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (JOTENA3D e.K., owner Jens Johnen, Am Elfengrund 60, D-64297 Darmstadt, e-mail: info@jotena3d.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached model withdrawal form, which is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse a refund until we have received the 3D Goods back or until you have provided evidence that you have returned the 3D Goods, whichever is earlier.
You must return the 3D goods to us immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest.
to send it back or hand it over. The deadline is met if you send the 3D goods before the expiry of the fourteen-day deadline. You shall bear the direct costs of returning the 3D goods.
They shall be liable for any depreciation of the 3D goods only if such depreciation is due to handling of the 3D goods that is not necessary to verify their nature, properties and functionality.
Exclusion of the right of revocation
The right of revocation does not apply to contracts, among other things
• the supply of goods which are not prefabricated and the manufacture of which is determined by an individual choice or destination made by the consumer or which are clearly tailored to the personal needs of the consumer.
• for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded.
• for the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery.
• for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature..
11. Attention: Busts, 3D portraits or spare parts, which are based on scans of your upper body and head, of your subjects of protection (e.g. children) or on original parts provided by you, are goods, which are not prefabricated and for the production of which an individual selection or determination by you is decisive or which are clearly cut to your personal needs. There is therefore no right of withdrawal for you for these 3D goods at the beginning of the production process!
12. The data required for the execution of the contract between you and us will be stored by us. In this respect we additionally refer to the regulations of our data protection notice.
13. You may print or save in a reproducible form this information, the Terms and Conditions, the Privacy Notice and any other information on this website as follows: You can print the relevant page with your browser by selecting the "Print" function in the main menu of your browser. You can save the respective page by selecting the function "Save as" in the main menu of your browser. In addition, all contractual provisions are stored by us. We will also be happy to send you the contractual terms and conditions by e-mail if you wish.
14. Please note the additional information on data protection.
15. We are not subject to any special codes of conduct not mentioned above.
16. The EU Commission provides an Internet platform for the online settlement of disputes (so-called "OS platform"). The OS platform is intended to serve as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. The OS platform can be reached via the following link: http://ec.europa.eu/consumers/odr
17. We are not obliged and not prepared to participate in dispute resolution proceedings before a consumer arbitration board pursuant to §§ 36, 37 of the Consumer Dispute Resolution Act.
JOTENA3D e.K. (www.JOTENA3D.de), owner and operator: Jens Johnen
Status: December 2018