Terms of service

Table of Contents

  1. Scope of Application

  2. Conclusion of the Contract

  3. Right of Cancellation

  4. Prices and Terms of Payment

  5. Delivery and Shipping Conditions

  6. Retention of Title

  7. Liability for Defects (Warranty)

  8. Liability

  9. Redemption of Promotional Vouchers

  10. Applicable Law

  11. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Dean Martin Schulze, trading under "Astral Layers 3D Print Studio - Dean Martin Schulze" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer. 

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by email or via the online contact form. 

2.3 The Seller may accept the Customer's offer within five days,

by transmitting to the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or

by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or

by requesting the Customer to payment after submitting their order.

If several of the aforementioned alternatives exist, the contract shall come into existence at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall begin on the day following the dispatch of the offer by the Customer and shall end upon the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment processing shall be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, viewable at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the Terms for Payments without a PayPal Account, viewable at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares the acceptance of the Customer's offer at the point in time when the Customer clicks the button that concludes the ordering process.

2.5 When ordering via the Seller's online order form, the contract text will be stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g., email, fax, or letter) after the Customer has sent their order. The Seller shall not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login data. 

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better recognition of input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The Customer can correct their entries within the framework of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process. 

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing is generally automated and carried out by email. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address.

3) Right of Cancellation

3.1 Consumers are generally entitled to a right of cancellation.

3.2 Detailed information on the right of cancellation can be found in the Seller's cancellation policy. 

4) Prices and Terms of Payment 

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices. Value-added tax (VAT) is not charged, as the Seller is exempt from VAT as a small business under German tax law ("Kleinunternehmerregelung"). Any additional delivery and shipping costs incurred will be stated separately in the respective product description. 

4.2 The payment method(s) will be communicated to the Customer in the Seller's online shop.

4.3 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Shopify may use additional payment services for which special payment terms may apply, of which the Customer will be notified separately if applicable. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers the shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the execution of the transaction. Notwithstanding the foregoing, if the PayPal payment method is selected, the delivery address stored by PayPal at the time of payment shall be decisive.

5.2 If the delivery of goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply to the costs of outbound shipping if the Customer effectively exercises their right of cancellation. If the Customer effectively exercises their right of cancellation, the provisions set out in the Seller's cancellation policy shall apply to the return costs.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the Customer or a person authorized to receive them. Notwithstanding the foregoing, even in the case of consumers, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, if the Customer has commissioned the freight forwarder, carrier, or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer. 

5.4 If the Customer acts as a consumer residing in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply in the event that the non-delivery is not the fault of the Seller and the Seller has concluded a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the counter-performance refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance performance, they retain ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided below, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur:

the Seller has the choice of the type of subsequent performance;

for new goods, the limitation period for claims for defects is one year from delivery of the goods;

for used goods, claims for defects are excluded;

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

7.2 The limitations of liability and shortening of periods regulated above do not apply:

for damage and expense claims of the Customer,

in the event that the Seller has fraudulently concealed the defect,

for goods that have been used for a building in accordance with their customary use and have caused its defectiveness,

for any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4 If the Customer is a merchant (Kaufmann) within the meaning of Sec. 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects pursuant to Sec. 377 HGB shall apply. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the delivery agent and to notify the Seller thereof. If the Customer fails to comply with this, this has no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal ground:

in cases of intent or gross negligence,

in the event of intentional or negligent injury to life, body, or health,

on the basis of a guarantee promise, unless otherwise regulated in this regard,

on the basis of mandatory liability such as under the German Product Liability Act (Produkthaftungsgesetz).

8.2 If the Customer acts as a consumer residing in Germany or as an entrepreneur, the following limitations of liability shall apply:

If the Seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage for the contract, unless the Seller is liable without limitation pursuant to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on compliance with which the Customer may regularly rely. Otherwise, the Seller's liability is excluded, unless the Seller is liable without limitation pursuant to the preceding paragraph.

8.3 The above liability regulations also apply with regard to the Seller's liability for their vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers 

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period. 

9.2 Individual products may be excluded from the voucher campaign if a corresponding restriction arises from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the completion of the ordering process. Subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 If the promotional voucher relates to a specific value and not a percentage discount, the value of the goods must at least equal the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

9.7 The credit balance of a promotional voucher is neither paid out in cash nor does it accrue interest.

9.8 The promotional voucher will not be refunded if the Customer returns goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of cancellation.

9.9 The promotional voucher is transferable. The Seller may render performance with a discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of representative authority of the respective holder.

10) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

11) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.