Terms and Conditions

GAF – Gesellschaft für additive Fertigung mbH

Heidmathen 8

39261 Zerbst/Anhalt.

E-Mail: info@gaf-zerbst.de

Website: www.gripnext.com

–hereinafter provider –

  1. Scope

The provider sells goods over the Internet. The services of the provider take place exclusively on the basis of the following general terms and conditions in the version valid at the time of the order, provided that these were included in the contract. General terms and conditions of the purchaser deviating from these general terms and conditions are not valid unless the provider expressly agrees to them.

  1. Conclusion

The offers of the provider on the Internet represent a non-binding invitation to potential customers to order goods (e.g. individual 3-D models) or services.

Potential customers can use the configurator on the website www.gripnext.com to make a request to the provider. For this purpose, the potential customer first transmits his request by entering the necessary data in the configurator and asking whether the service in question is available. If the provider is ready to provide the requested service, the potential customer will be informed via email, which also contains these terms and conditions and the cancellation policy. Subject to deviating information, this e-mail also represents a contract offer limited to 14 days. The purchase contract is concluded when the customer accepts this contract offer, with payment of the total amount (purchase price including VAT and shipping costs) also being accepted understand is; all that is required is that the payment can be clearly assigned to a specific contract offer.

To enter the contract you can use German as your prefered language.

  1. Customer’s duty to cooperate in 3D printing

The customer is responsible for the procurement of the materials required for the fulfillment of the order (e.g. technical drawings, CAD data) and provides them to the provider in good time.

The customer is obliged to provide the information and data provided by him for the purpose of fulfilling the order completely and correctly. He must also ensure that this content does not violate the rights of third parties (e.g. copyrights) or other legal norms. In this context, it is pointed out that the provider is not authorized to provide legal advice against to provide to the customer. In particular, the provider is not obliged and legally unable to check the works (technical drawings, CAD data) created or acquired by customers for their compatibility with the applicable law. In particular, the provider will not carry out any trademark searches or other property right collision checks in relation to the works made available by the customer.

The provider is in no way responsible for the customer for delays  in the implementation of services  due to late (necessary) cooperation or work by the customer.

  1. Right to withdraw from illegal orders

The provider reserves the right to withdraw from illegal and immoral orders. The provider is particularly entitled to withdraw if the content made available by the customer for the order contains elements that glorify or harmonize violence, pornographic, incitement to the people, extremist, unconstitutional or other elements that violate applicable law or morality.

  1. Payment

The prices stated on the offer received at the time of the order apply. All prices include the statutory value added tax and the shipping costs listed. The payment methods are communicated to the customer separately before the contract is concluded.

  1. Retention of title

The provider retains ownership of the goods delivered to consumers until full payment of the purchase price owed.

In relation to entrepreneurs, the provider reserves ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.

If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties in the amount of the respective invoice value (including sales tax) to the provider in advance. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the receivables even after the assignment. The provider’s authority to collect the claims itself remains unaffected. However, the seller will not collect the claims as long as the customer fulfills his payment obligations to the seller, does not fall into arrears and no application is made to open insolvency proceedings.

  1. Delivery

The delivery takes place within a maximum of 5 working days after receipt of the order by the provider. The provider indicates any deviating delivery times on the respective product page or by personal notification. The beginning of the specified delivery time presupposes the timely and proper fulfillment of the customer’s obligations, in particular the correct specification of the delivery address in the context of the order.

For goods that are delivered by a freight forwarder, delivery takes place “free curbside”, that is to the nearest public curbside to the delivery address, unless the article description of the provider states otherwise and unless otherwise agreed.

If the provider is not able to deliver the ordered goods through no fault of his own because the supplier of the provider does not fulfill his contractual obligations, the customer will be informed immediately that the ordered goods are not available. Contracts already rendered by the Contracting Party shall be reimbursed without delay. The legal rights of the customer remain unaffected.

Towards entrepreneurs, the risk of deterioration or loss of the goods is transferred to the customer when the delivery item is handed over to the transport company. If the handover or dispatch is delayed for reasons for which the customer is responsible, the risk passes to the customer on the day of notification that the delivery item is ready for dispatch.

In the case of self-collection, the provider first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods from the supplier’s headquarters after consulting the provider. In this case, no shipping costs will be charged.

  1. Default of acceptance

If the customer is in default of acceptance or culpably violates other duties to cooperate, the provider is entitled to demand compensation for the resulting damage, including any additional expenses. Further claims remain reserved. This does not apply if the customer effectively exercises his right of cancellation, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the provider gave him the right the service had announced a reasonable time in advance.

Interest must be paid on the sales price during the delay. The default interest rate is five percentage points above the base rate. In legal transactions between entrepreneurs, the interest rate is nine percentage points above the base rate.

The customer, in turn, reserves the right to prove that the damage did not occur or at least significantly less. The risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the point in time when the customer is in default of acceptance or debtor.

  1. Warranty

If the purchased item is defective, the provisions of the statutory liability for defects apply. Deviating from this applies:

For entrepreneurs

  • an insignificant defect basically does not justify any claims for defects;

  • the provider has the choice of the type of supplementary performance;

  • For new goods, the limitation period for defects is one year from the transfer of risk;
  • rights and claims due to defects are fundamentally excluded for used goods;

  • The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

The above-mentioned liability restrictions and limitation periods do not apply:

  • for things that have not been used for a building in accordance with their normal use and have caused its deficiency,
  • for damage from injury to life, limb or health that is based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider,
  • for other damages based on an intentional or grossly negligent breach of duty by the provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider, and

  • in the event that the seller has maliciously concealed the defect.

In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.

If the customer acts as a merchant i.m.o. § 1 HGB, the commercial inspection and notification obligation applies to him according to § 377 HGB. If the customer fails to comply with the notification requirements regulated there, the goods are deemed to have been approved.

If the customer acts as a consumer, he is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the provider thereof. If the customer does not comply, this has no effect on his legal or contractual claims for defects.

  1. Liability

The provider is liable to the customer from all contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

The provider is fully liable for any legal reason in the event of intent or gross negligence, in the event of willful or negligent injury to life, limb or health, on the basis of a promise to guarantee, unless otherwise regulated or due to mandatory liability, such as under the Product Liability Act.

If the provider negligently violates an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless there is unlimited liability in accordance with the above paragraph. Significant contractual obligations are obligations that the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer can regularly rely.

For the rest, liability of the provider is excluded.

The above liability regulations also apply with regard to the liability of the provider for his vicarious agents and legal representatives.

The customer releases the provider from any claims of third parties that are asserted against the provider due to violations by the customer of these terms and conditions or against applicable law.

  1. Final provisions

The law of the Federal Republic of Germany is applicable to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, unless this choice of law does not result in a consumer being withdrawn from mandatory consumer protection standards.

If the contracting parties are merchants, the court at our registered office mentioned above, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer is not resident within the European Union.  

  1. Information on online dispute resolution / consumer arbitration

The EU Commission provides a platform for online dispute resolution on the Internet at the following link:

http://ec.europa.eu/consumers/odr/

This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved. The provider is not obliged and unwilling to participate in consumer dispute resolution proceedings under the VSBG.

The email address of the provider can be found in the heading of these terms and conditions.

As of December 2019