Terms and Conditions – 3D-Print and Paintstudio

version: 1.0, changed 09.10.2022.

This document specifies terms of using websites in the 3d-dms.de domain and constitutes terms of all contracts and deals made via those websites and via emailing with addresses in this domain, matthias.lay@3d-dms.de in particular.

Dictionary:

User – a person or a company that uses websites in the domain of 3d-dms.de and/or that emails with an address in this domain.

Consumer – a person that is a consumer under the article 13 section 1 of the german BGB.

Client – a person or a company that is a party to an Order.

Product – a work and/or a service which is offered on 3d-dms.de or a performance of which is a part of an Order.

Order – a contract of work to which Matthias Lay is a party to and obliges it to create a Product.

Client’s Specification – a detailed description of a particular Product or a collection of Products and/or activities that are to be performed in order to create them.

„3D-Print and Paintstudio – Matthias Lay“ – the translated name of the official german company called „3D-Druck und Malstudio – Matthias Lay“. It’s short form „3D-Print and Paintstudio“ is used in the following text.

§1. General rules

This document is a part of every Order.

3D-Print and Paintstudio’s trade is the creation of modeling works and 3D-Printing.

3D-Print and Paintstudio declares that it responds to communication from Users and Clients within two working days of receiving a message. Messages received after 9 o’clock a.m. of german time are considered received on the next working day. This declaration does not create any obligation on the part of 3D-Print and Paintstudio and cannot be a basis of damanading damages from 3D-Print and Paintstudio order.

§2 Orders

1. 3D-Print and Paintstudio accepts Orders for these Products:

Miniature Painting:
Painted Miniature – a model or a collection of models painted in accordance to Client’s Specification. Base – a base for a model or a diorama or a collection of any of those things. Includes affixing Painted Model(s) to them. Conversion – a model with appearance changed from its manufacturer’s design after assembly or a collage of models or their parts or a sculpture or any combination of those. Assembled Model – a model assembled in accordance to its manufacturer’s manual and/or Client’s Specification.

3D-Printing:
MSLA-Printing: Printing the 3d-file provided by the client using the MSLA printing procedure.
FDM-Printing: Printing the 3d-file provided by the client using the FDM printing procedure.

2. All prices presented on 3d-dms.de are only estimations and their presentation does not constitute an offer and doesn’t limit 3D-Print and Paintstudio in any negotiations.

3. Order Process runs along steps presented below in chronological order:
1. 3D-Print and Paintstudio sends a User an offer that include at least: An estimation of the total price or a set of rules that will be used to determine the total price for an Order. Cost of sending the ordered products to the Client’s address, A deadline for creation of all the ordered products or an explanation how this deadline will be later calculated. The offer is valid for 7 days, counting from the day it was sent.
2. After laying an Order, the Client can be obligated to pay a part of the Order’s total price if such an obligation was mentioned in the accepted offer.
3. Parties to an Order prepare Client’s Specification if it was not prepared earlier. That Client’s Specification becomes a part of the Order. If Client’s Specification differs from the Client’s needs in response to which the offer was created, it can be a basis for recalculation of the total price of the Order.
4. 3D-Print and Paintstudio starts fulfilling the Order. While the Order is being fulfilled, 3D-Print and Paintstudio, once in every 30 days informs the client about the progress. During that time acceptance of parts of the Order may take place. 3D-Print and Paintstudio shows the Client photographs of a finished product and the Client can either accept the Product and confirm that it was created as agreed or specify how the Product doesn’t meet the agreed terms and demand correction.
5. After all Products that are a part of the Order are finished their photographs are shown to the Client so that he can recognize any mistakes made during their creation and submit a request to correct them. If the client does not submit any requests, he confirms that the Products were created as specified in the Order which constitutes an acceptance of the Products. This happens automatically if the Client doesn’t submit any requests within 7 days of showing him the photographs.
6. After the Products are accepted, the client is obligated to pay the total Order price and delivery costs within 14 days of the acceptance.
7. Within 5 days of receiving the payment, 3D-Print and Paintstudio sends the Products to the Client.

4. If any order is processed in a way that differs from the one shown above, the rules set in the section above are applied to it in a way that allows for their maximum application.

§3 Warranty

3D-Print and Paintstudio is obligated to deliver to a Consumer a product, free of legal at physical defects. Rules hereinafter do not limit consumer rights. You can submit a complaint to 3D-Print and Paintstudio via mail addressed to matthias.lay@3d-dms.de

Within 15 days of receiving a complaint 3D-Print and Paintstudio will consider the Complaint and inform the Client how it will be handled.

A complaint must include the following data of an entity submitting it: name, contact information, the reason of complaint and associated demand. For the purpose of considering the complaint the Client may be asked to deliver the Products that are faulty to 3D-Print and Paintstudio.

A Client that is not a Consumer can submit a complaint, but 3D-Print and Paintstudio is responsible only for fixing defects caused by not creating the Products in accordance to Client’s Specification. When such a complaint is submitted 3D-Print and Paintstudio will either fix the defect or exchange a Product for a one free of defects. 3D-Print and Paintstudio can also cancel the Order or its part, return the price of defective product to the client. Any and all damages that may be paid in relation to an Order are limited by the Order’s price.

§4 Order cancellation

The right to cancel an remotely concluded agreement does not apply if the object of an agreement is a not prefabricated thing, produced in accordance to a consumer’s specification and/or designed to fulfill his personal needs.

Products, which are created by fulfilling an Order are not prefabricated things, produced in accordance to a consumer’s specification and/or designed to fulfill his personal needs. Therefore Clients do not have a right to cancel an Order.

§5 Final provisions

All disputes between a non-consumer Client and 3D-Print and Paintstudio shall be considered by a court whose place of jurisditcion encompases the seat of 3D-Print and Paintstudio.

3D-Print and Paintstudio reserves the right to change these Terms & Conditions.

A change in Terms & Conditions does not affect contracts that were concluded prior to that change.

A text of these terms and conditions is made public at 3d-dms.de and can be downloaded and saved free of charge by any interested party.