General Terms and Conditions (AGB)
1. Field of application
The following General Terms and Conditions shall apply to all deliveries between 3D-M-SOFT GmbH and to a customer in their respective valid form at the time of ordering.
Contractors in terms of these business conditions are natural persons, legal entities or partnerships with legal capacity who conduct business transactions and exercise a commercial or self-employed profession in doing so.
Consumers within the meaning of these terms and Conditions of Business are natural persons, who conduct business transactions without this being assignable to their commercial or independent professional activity.
Consumers within the meaning of these terms and Conditions of Business are both consumers and contractors. Differing, conflicting or supplementary General Terms and Conditions of Business are not part of the contract unless their validity is expressly confirmed. The standard advice to customer´s business and purchase conditions is contradicted.
2. Contractual partner
The contract of sale comes into being with: 3D-M-SOFT GmbH, Herrengrabenweg 31, 19061 Schwerin; hereinafter referred to as provider.
The customer service of the provider can be contacted in relation to questions, complaints and objections on weekdays 09.00 to 17:00 at the Fax number +49(0)385-61737355 or by e-mail to firstname.lastname@example.org.
3. Contractual object
Through this agreement that sale of CAD/CAM Software and services of the provider are regulated. Reference is made to the product description of the provider website because of details of the respective offering.
4. Conclusion of contract
The contract shall come into force in the electronic commerce upon the shop system or by any means of distance communication such as telephone, fax and email. The offers presented constitute a non-binding invitation to the customer to make an offer to enter into a contractual agreement.
The ordering process for the conclusion of contract involves following steps:
· Selection of the desired article
· Placing the offering in the virtual shopping basket
· By activation the button “Cash box”
· Input shipping address
· Select shipping method
· Select payment type
· Review and edit the ordering and all inputs
· Binding dispatch of the order via the button “Obliged to pay”
· Confirmation mail, that the order is received.
In addition to the shop-system orders can be placed via distance communication (Telephone/E-mail), whereby the ordering process includes following steps for conclusion of the contract:
· Phone call, Fax or per E-mail at the order hotline/ transmission of the order mail
· Confirmation mail, that the order is received.
Input errors can be corrected by the customer during the ordering process in the shop-system The customer can proceed as follows:
· Via the Back-Button of the browser
· Confirm with an intended button
· Cancel the transaction by closing the internet browser
With sending of an order confirmation the contract takes effect. The automatically generated order confirmation does not constitute a legally binding declaration. The contract also comes into effect by delivering the goods or supply of services.
All of the prices in the shop-system of the provider are final prices and include the statutory value added tax. Depending on shipping method charges will apply, displayed before the delivery, including final prices.
For customers, who are entrepreneurs, all prices outside the shop system (e.g for offers, order confirmations, billings and credits) are valid exclusive value added tax. This is shown separately. Outlays such as travel expenses and shipping costs, unless otherwise stated, are not included and will be billed separately.
6. Return expenses
Should the customer decide to exercise his or her right of withdrawal from the contract, the customer shall bear the costs of return.
7. Shipping costs
For deliveries in Germany the provider does not charge the shipping costs. You will be clearly informed of the shipping costs in the inventory system and on the order page.
The delivery will be made within Germany and to the countries of the EU, Switzerland and on request to other countries. Delivery time amounts 3 or 8 days. The provider refers to differing delivery times on the respective product pages.
The provider dispatches the order from it´s own camp. The customer will be informed as quickly as possible of any delays. In case of delivery obstacles such as incorrect or untimely delivery by own suppliers, for which the provider is not responsible or other cases of higher force, the provider is entitled to withdraw from the contract with the customer. The customer shall be immediately notified thereof and services or payments received will be reimbursed.
Unless otherwise agreed the payment only takes place via advance. The provider notifies bank details in the order confirmation for payment and will dispatch the product after payment receipt.
With payment via advance the customer is obliged to pay the purchase price after conclusion of contract immediately.
11. Retention of title
Until full payment the goods remain the property of 3D-M-SOFT-GmbH.
The seller reserves the right to deliver goods, that are of the same quality and price. The service offered in the shop is exemplary and not the individual and contractual service. In case of unavailability the offerer reserves itself not to supply the promised service.
The provider guarantees that the delivered data carrier and Dongle are free of any manufacturing and material faults. The provider can not take any responsibility for the running capacities of the programs in it´s specific soft- and hardware environment. The customer bears the sole responsibility for the selection, the installation and the utilisation of the software as well as for the results intended. For software products, for that a demo- or test version was made available before the purchase, the consumer or contractor has the possibility extensively to test the product with regard to both content and technology in association with a specific soft- and hardware invironment. Guarantee claims shall expire in each case if the customer or a third person has itself interfered with the software and their components including postprocessors.
If the customer is an entrepreneur the warranty period for new goods permits a year. Awarded to the provider is the entitlement to choose between repairs and replacement with the subsequent performance if the goods are a new product and the customer is an entrepreneur. If the customer is an entrepreneur for used goods the warranty is excluded. The warranty period is limited to one year if the customer is the consumer for the used goods. According to the relevant regulations of the German civil code (BGB) customers are entitled to the full statutory liability for defect. In the event of deviations the warranty claims are governed to the legal regulations of the Terms of Business (AGB). This is not only valid for damage claims of the customer relating to injury to life, to body, health or to essential contractual obligations whose fulfilment is required for the attainment of the purpose of the contract. Likewise this does not apply to claims for damage in the case of intentional or grossly negligent breach of duty of the provider, his statutory agents or fulfilment assistant. By the way the statutory regulations are valid.
Damage claims of the customer are excluded insofar as nothing different arises due to the following reasons. This also shall apply for the agent and fulfilment assistant of the supplier, provided that the customer demand damages against these. Excluded are customer claims relating to injury to life, the body, the health or relating to serious breach of contract, whose fulfilment for the attainment of the purpose of the contract is required. Likewise this does not apply for damage claims in case of intentional or grossly negligent breach of duty of the provider, his statutory agents or fulfilment assistant.
15. License terms
Basically always the respective license terms of the software producer are valid. The installation cannot takes place without recognition of the license terms in some cases. The respective license terms can be obtained before the purchase of the provider.
16 Transfer of risk
If the customer is an entrepreneur the risk of accidental lost and/or accidental deterioration of the goods with the delivery of the goods to the selected service provider shall pass to the customer for this purpose.
17. Right of revocation
The regulations for distance contracts do not apply to customers, who are entrepreneurs. These customers have no corresponding right to revocation because of the distance contract. The provider do not entitle such.
The regulations for distance contract apply to customers, who are consumers. That´s why the customers have no right to revocation because of the distance contract. The legally required revocation instruction is accessible by the customer at the provider website under the menu item “Revocation instruction”.
18. Assignment and pledge
Customer claims or rights against the provider may not be assigned or pledged without his consent unless the customer has demonstrated a legitimate interest in assignment and pledge.
19. Text of the contract
For orders the text of the contract is saved via the internet shop of the provider. The order data, the instruction concerning right of revocation and AGB (Terms and Conditions) will be sent to the customer per email. Customers, who have already registered, may access the order data in the shop system under the menu item => “order/sales”. Customers who have ordered via a guest order in the shop system are not allowed to access the order data for security reasons after conclusion of order. The General Terms and Conditions can be accessed at any time by the customer at the website of the provider under the menu item “AGB”
20. Language, Court of Jurisdiction and Applicable Law
The contract is drafted in German. Further implementation of contractual relationship is made in German. Applicable law is that of the Federal Republic of Germany. For consumers this only applies to the extend that statutory regulations are not be limited by the state in which the consumer is resident. The place of Jurisdiction for all disputes arising in connection with the contractual relationship with customers insofar as they are not consumer, legal entity under public law or special fund under public law, is 19061 Schwerin.
21. Severability clause
The ineffectiveness of a provision in these terms shall not affect the effectiveness of the other provisions of these terms.
Stand: 18. Juni 2018