General Terms and Conditions of Mark3D GmbH

§ 1 Scope

The business relationship between the provider and the customer is governed exclusively by the following Terms and Conditions, in the version in effect at the time the order is placed. Any terms and conditions provided by the customer that differ from these are not accepted unless the provider expressly agrees to them in writing.

§ 2 Conclusion of the Contract

(1) The purchase contract is concluded with Mark3D GmbH.

(2) The customer can select products from the provider’s range and add them to a so-called shopping cart using the “Add to cart” button. By clicking the “Buy now” button, the customer submits a binding offer to purchase the goods in the shopping cart. The customer can review and change their details at any time before submitting the order.

(3) The provider then sends the customer an automatic confirmation of receipt by email with the subject line “Confirmation of your order from Mark3D Markforged 3D printer”. The email lists the customer’s order again and can be printed using the “Print” function. The customer’s order (1) constitutes an offer to enter into a contract for the items in the shopping cart. The confirmation of receipt (order confirmation) constitutes the provider’s acceptance of the offer. It summarizes the order. In this email or in a separate email, and no later than when the goods are delivered, we will send the customer the contract text (consisting of the order, Terms and Conditions and order confirmation) on a durable medium (email or printed copy). The contract text is stored in compliance with data protection requirements.

(4) The contract is concluded in the following language: German.

§ 3 Delivery, product availability, payment terms

(1) Delivery times stated by us are calculated from the date of our order confirmation (§ 2 (2) of these 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 notify the customer without delay. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider also has the right to terminate the contract. Any payments already made by the customer will be refunded without delay.

(3) The following delivery restrictions apply: The provider delivers only to customers whose usual place of residence (billing address) is in one of the following countries and who can provide a delivery address in the same country: Belgium, Germany, Luxembourg, the Netherlands, Switzerland, the United Kingdom, Austria, Denmark.

(4) The customer may pay in advance, in cash, via PayPal, by direct debit or credit card, or by invoice. Customers may pay by invoice only for orders with a value of at least €0.00. Customers may pay by invoice for orders with a value of up to €0.00. The customer must have created a shop account to use the “Invoice” payment method.

(5) The purchase price is due immediately upon conclusion of the contract. If the payment due date is set by calendar date, the customer is in default as soon as they miss that date.

§ 4 Retention of title

The goods delivered remain the property of the provider until the purchase price has been paid in full.

§ 5 Prices and shipping costs

(1) All prices listed on the provider’s website are exclusive of the applicable statutory value added tax.

(2) Any applicable shipping costs will be shown to the customer in the order form and must be paid by the customer, unless the customer exercises any applicable right of withdrawal.

§ 6 Warranty for Defects

(1) The provider is liable for defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For business customers, the warranty period for goods supplied by the provider is 12 months.

§ 7 Liability

(1) The customer's claims for damages are excluded. This does not apply to claims for damages arising from injury to life, body or health, or from the breach of material contractual obligations (cardinal obligations), or to liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives or agents. Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of material contractual obligations, the provider is liable only for foreseeable losses typical for the contract if caused by ordinary negligence, except in the case of customer claims for damages arising from injury to life, limb or health.

(3) The limitations set out in paragraphs 1 and 2 also apply for the benefit of the provider's legal representatives and agents if claims are brought directly against them.

(4) The provisions of the German Product Liability Act remain unaffected.

§ 8 Information on data processing

(1) The provider collects customer data as part of processing contracts. In doing so, it complies in particular with the provisions of the German Federal Data Protection Act and the German Telemedia Act. Without the customer’s consent, the provider will collect, process or use the customer’s inventory and usage data only to the extent necessary to perform the contractual relationship and provide and bill for telemedia services.

(2) The provider will not use the customer’s data for advertising, market research or opinion polling purposes without the customer’s consent.

§ 9 Final provisions

(1) Contracts between the provider and customers are governed by the laws 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 provider’s place of business shall be the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider.

(3) The remaining provisions of the contract remain binding even if individual provisions are legally invalid. Any invalid provisions will be replaced by the applicable statutory provisions, where available. However, if this would cause undue hardship for either party, the contract as a whole will be invalid.

 

§10 Alternative dispute resolution pursuant to Art. 14(1) of the ODR Regulation and § 36 of the VSBG:

The European Commission provides a platform for online dispute resolution (ODR), which is available at https://ec.europa.eu/consumers/odr/. We believe we can find a suitable solution together with our customers for any issue. As we are not required to participate in online dispute resolution proceedings, we do not take part. Please contact us at https://www.mark3d.com/de/kontakt/ and we will get back to you promptly.