General Terms and Conditions for the Webshop on www.iFactory3D.com
I. Validity of the GTC
The following General Terms and Conditions (GTC) apply to all contracts concluded with iFactory3D GmbH via the web store www.iFactory3D.com. They apply to transactions with German customers regardless of whether they are entrepreneurs or consumers.
II Recognition of the GTC
The Customer acknowledges these GTC and agrees to them as soon as he places an order.
III. Defense clause
The inclusion of general terms and conditions of the Customer, which differ from these general terms and conditions, will be rejected unless they are expressly confirmed by iFactory3D GmbH.
IV. Conclusion of contract
1. Offer/deviations from colours on the website
The product presentation on the website does not constitute an offer in the legal sense. It is an invitation to the Customer himself to submit an offer. The offer in the legal sense gives the Customer by placing the Order.
Colour deviations between the images on the Internet and the delivered goods can be caused by being due to the colour reproduction of the computer. The colour match will not
2. Conclusion of the contract
iFactory3D GmbH decides on the acceptance of an offer at its own discretion. It is free to reject orders as long as this is objectively justified. In case of rejection, the orderer will be informed by e-mail. After the Order has been placed, iFactory3D GmbH sends an e-mail to the Customer confirming receipt of the Order and stating its content (order confirmation). This order confirmation is not the acceptance of the offer. The acceptance of the offer can be made by iFactory3D GmbH both explicitly, e.g. by a Declaration of acceptance by e-mail, but also declare conclusively by sending the goods.
V. Supplementary information on the conclusion of the contract
1. Order process
If the customer orders via the online store iFactory3D GmbH, the ordering process includes several Steps. First, the Customer selects the goods he wants. In a second step, Customer data is requested, including the account data and the delivery address. Then the Customer selects the payment method. Finally, he has the option to check all information once again and correct it if necessary before he then submits his Order sent to iFactory3D GmbH by clicking on “Send order”.
2. Storage of the contract text
The contract text, i.e. the Customer’s details of the ordering process, is stored by iFactory3D GmbH.
The Customer can print out the text of the contract before sending his Order. For this purpose, he has to click on the field “Print” in the last step of the Order. However, iFactory3D GmbH also sends the Customer an order confirmation and an Order confirmation with all order data and the GTC iFactory3D GmbH to the e-mail address provided by the Customer.
VI. DISCLAIMER (for customers residing in Germany)
1. Right of withdrawal or cancellation
If the Customer is a consumer, he can, provided that the Customer is resident in Germany, by the declaration of revocation without giving reasons cause that he is no longer bound to his submitted contract declaration.
For delivery to Germany, the withdrawal period is 14 days.
3. Start of term
If delivery was made to Germany, the period begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312b paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB.
In the case of delivery to Germany, the revocation must be declared in text form, i.e. can be made in particular by e-mail or letter. If the purchased item has been handed over to the Customer before the expiry of the deadline, he can also declare the revocation by returning the item.
4. Compliance with deadlines
The withdrawal or revocation period shall be deemed to have been observed if the declaration of withdrawal or revocation or the item is dispatched within the period as mentioned above.
The declaration of withdrawal or revocation is to be sent to:
6. Revocation consequences
In the event of an effective revocation, the services received by both parties shall be returned, and any benefits derived (e.g. interest) shall be surrendered. If the Customer is unable to return or surrender to us the received performance and benefits (e.g. benefits of use) or is only able to do so in part or in a deteriorated condition, the Customer shall be obliged to reimburse us for the insofar provide compensation for the value by a payment of money. For the deterioration of the item and the Customer shall only be obliged to pay compensation for the value of any benefits derived from the use of the goods to the extent that the benefits or the deterioration are due to handling of the item that goes beyond the inspection of the properties and the mode of operation. Under “testing the properties and the functionality” is understood to mean the testing and trying out of the respective product, such as in the store is possible and usual. Goods that can be shipped by parcel are to be returned at our risk.
In case of delivery to Germany, the Customer has to bear the regular costs of the return if the delivered goods correspond to the ordered goods and if the price of the item to be returned does not exceed € 100.00 or if, in the case of a higher price of the item, the Customer has not yet paid the consideration or a has made the contractually agreed partial payment. Otherwise, the return shipment is for the Customer free of charge. Items that cannot be sent by parcel post will be collected from the Customer. Obligations to the Refund of payments must be fulfilled within 30 days. The period begins for the Customer with the dispatch of his declaration of revocation or the item, for us with its receipt.
END OF THE CANCELLATION POLICY
1. All prices are final prices; they include the statutory sales tax (value-added tax).
2. Price errors reserved. If the correct price is higher, the Customer will be contacted; a Contract in such a case is concluded only if he wants to buy at this price. If the correct price lower, this price will be charged.
3. Shipping costs are not included in the price; they are additional.
VIII. Shipping costs
1.The shipping costs of the respective product, please refer to the Webshop www.iFactory3D.com or inquire via sales@iFactory3D.com.
2. Reimbursement of services and return shipping costs in case of withdrawal or revocation as a result of exercising the right of withdrawal or cancellation, the contract will be cancelled. The iFactory3D GmbH has to pay the purchase price as well as the costs for sending the goods to the Customer to be refunded. In case of return from Germany the Customer has to bear the costs of this if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 100 Euro or if, in the case of a higher price of the item, the Customer has not yet provided the consideration or a contractually agreed partial payment at the time of revocation. Otherwise, the return is at the expense of iFactory3D GmbH.
iFactory3D GmbH will refund the purchase price and the costs of sending within 30 days from the receipt of the Customer’s declaration of revocation.
IX. Terms of delivery
1. Unless otherwise agreed, delivery shall be made to the address specified by the Customer.
2. iFactory3D GmbH is not liable for the expected delivery date. The delivery time of the respective goods can be found on the Webshop on www.iFactory3D.com or in an updated version of the associated offer or the associated invoice on the part of iFactory3D GmbH.
3. In the event of damage to the goods during transport, the Customer must immediately report the damage to the transport company and claim the damage iFactory3D GmbH is not liable for culpable behaviour of third parties. This does not apply if the goods are delivered to Germany and the Customer is a consumer.
4. iFactory3D GmbH does not bear any responsibility in case of delivery obstacles of suppliers or manufacturers. Suppose the delivery or compliance with an agreed delivery time is not impossible due to circumstances for which iFactory3D GmbH is not responsible. In that case, iFactory3D GmbH is entitled to withdraw from the contract entirely or partially. The iFactory3D GmbH will inform the Customer immediately in this regard. Claims for damages are excluded for this case.
X. Maturity and retention of title
1. The purchase price is always to be paid via advance payment.
2. The delivered goods remain the property of iFactory3D GmbH until full payment.
XI. Terms of payment
1. Payment can be made by bank transfer, credit card, Klarna, Stripe or via PayPal.
2. iFactory3D GmbH reserves the right to exclude individual payment methods or provide a specific payment method.
3. In case of prepayment, the Customer transfers the invoice amount within 14 days after Contract conclusion to the account of iFactory3D GmbH. The shipment takes place only after receipt of payment.
4. The statutory default regulations shall apply. Dunning costs can be charged from the second reminder be asserted.
5. The Customer may exercise a right of retention only insofar as the claims arise from the same contractual relationship.
1. Unless otherwise specified, the general statutory provisions shall apply.
2. warranty is excluded in case of defects caused by the Customer. That is, in particular, the case of improper handling, incorrect operation or unapproved repair attempts.
3. In the case of the delivery of used goods, the warranty claims of a German consumer in one year.
4. The shortened limitation period shall not apply to claims for damages by the Customer based on a injury to life, limb or health, as well as for claims for damages based on the violation of essential contractual obligations.
5. Should the delivered item/s show obvious material or manufacturing defects (also transport damage), we ask the Customer to notify us immediately.
6. Insofar as a manufacturer’s warranty exists, the Customer shall indemnify and hold harmless the directly against the manufacturer. The iFactory3D GmbH is not responsible for these claims.
1. Claims for damages of the Customer against iFactory3D GmbH are excluded, as far as iFactory3D GmbH or its vicarious agents have not acted intentionally or grossly negligent.
2. The liability remains unaffected as far as damages to life, body and health are concerned,essential contractual obligations have been breached, warranted characteristics are missing or, to the extent permitted by the Product Liability Act or due to negligence when concluding the contract or due to other Compulsory right or tortious loss for compensation for property damage becomes mandatory.
XIV. Prohibition of assignment and pledge
The assignment or pledging of claims or rights to which the Customer is entitled against the Provider is excluded without the Provider’s consent, unless the Customer proves a legitimate interest in the assignment or pledging.
XV. Right of set-off
The contractual partner may only offset if his claim has been legally established or is undisputed.
XVI. Data protection
XVII Applicable law
German law shall apply exclusively. If the contractual partner is a consumer, this Choice of law only insofar as no mandatory statutory provisions of the country in which the Customer has his domicile or habitual residence.
For all disputes arising from contracts concluded under the validity of these General Terms and Conditions, Düsseldorf is agreed as the place of jurisdiction, provided that the Customer is not a consumer but a merchant or a legal entity under public law.
XIX Amendment of the General Terms and Conditions / Reservation of Right of Amendment
We are entitled to unilaterally amend these General Terms and Conditions of Business, insofar as this is necessary for the Elimination of equivalence disturbances arising subsequently or for adaptation to changed legal or technical framework conditions is necessary. We will inform the Customer about an adjustment by communicating the content of the changed regulations. The change will part of the contract if the Customer does not notify us within six weeks after receipt of the Notification of change of inclusion in the contractual relationship and vis-à-vis in written or text form objects.
XX. Severability clause
If any provision of these General Terms and Conditions of Business should be invalid, the
The validity of the remaining provisions shall not be affected thereby.