General Terms and Conditions of Mark3D GmbH
§ 1 Scope
The following General Terms and Conditions, in the version valid at the time of the order, apply exclusively to the business relationship between the provider and the customer. Deviating terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The purchase contract is concluded with Mark3D GmbH.
(2) The customer can select products from the provider's product range and collect them in a so-called shopping cart by clicking the "Add to cart" button. By clicking the "Buy now" button, the customer submits a binding request to purchase the goods in the shopping cart. The customer can change and view the data at any time before submitting the order.
(3) The provider will then send the customer an automatic confirmation of receipt by email with the subject "Confirmation of your order at Mark3D Markforged 3D Printer." This confirmation will list the customer's order again and the customer can print it using the "Print" function. The customer's order (1) represents the offer to conclude a contract with the respective contents of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. This confirmation summarizes the contents of the order. In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, General Terms and Conditions, and order confirmation) will be sent to the customer on a permanent data medium (email or paper printout). The contract text will be stored in compliance with data protection regulations.
(4) The contract is concluded in the following languages: German.
§ 3 Delivery, availability of goods, payment terms
(1) Delivery times stated by us are calculated from the date of our order confirmation (Section 2 (2) of these General Terms and Conditions), provided that the purchase price has been paid in advance.
(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also notify the customer of this immediately. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Furthermore, in this case, the provider is also entitled to withdraw from the contract. In doing so, the provider will promptly refund any payments already made by the customer.
(3) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Belgium, Germany, Luxembourg, Netherlands, Switzerland, United Kingdom, Austria, Denmark.
(4) The customer can pay in advance, in cash, by PayPal, by direct debit or credit card, or by invoice. Payment on account is only possible for orders of goods with a value of 0,00 € Payment on account is possible for customers up to a goods order value of 0,00 € possible. The customer must have created a user account in the shop to use the "invoice" payment method.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer shall be in default simply by missing the due date.
§ 4 Retention of title
The delivered goods remain the property of the provider until the purchase price has been paid in full.
§ 5 Prices and shipping costs
(1) All prices stated on the provider’s website are exclusive of the applicable statutory value added tax.
(2) The corresponding shipping costs will be indicated to the customer in the order form and are to be borne by the customer unless the customer exercises any right of withdrawal.
§ 6 Warranty for material defects
(1) The Provider shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For businesses, the warranty period for goods delivered by the Provider shall be 12 months.
§ 7 Liability
(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer has claims for damages resulting from injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 8 Information on data processing
(1) The Provider collects customer data as part of the contract processing. In doing so, it observes, in particular, the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the Provider will only collect, process, or use the customer's inventory and usage data to the extent necessary for the processing of the contractual relationship and for the use and billing of telemedia services.
(2) Without the customer’s consent, the provider will not use the customer’s data for advertising, market or opinion research purposes.
§ 9 Final provisions
(1) Contracts between the provider and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.
(2) If the customer 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 customer and the provider is the registered office of the provider.
(3) Even if individual provisions are legally invalid, the remaining parts of the contract remain binding. The invalid provisions shall be replaced, where applicable, by the statutory provisions. However, to the extent that this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.
§10 Alternative dispute resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR), which is available at https://ec.europa.eu/consumers/odr/ contact us. We are confident that we can find a suitable solution for all issues together with our customers. Since we are not obligated to participate in online dispute resolution, we do not participate in it. Please contact us at https://www.mark3d.com/de/kontakt/ and we will get back to you promptly.