Terms and conditions

Our deliveries and services are provided on the basis of the following terms and any other agreements. Changes and additions require text form. Other general terms and conditions do not apply even if we have not expressly objected to them in individual cases.

Our offers in any form, including those made by representatives, are non-binding. Documents relating to an offer, such as illustrations, drawings, weight and dimension specifications, are approximate only unless expressly designated as binding. We reserve ownership and copyright in cost estimates, drawings, and other documents; they may not be made accessible to third parties.

Orders may be cancelled only with our consent. Custom-made products are excluded from exchange.

Prices apply ex works, excluding packaging and insurance. Reverse-charge liability of the recipient (Section 13b German VAT Act) remains reserved. For deliveries abroad, customs clearance is not included in the price. For call-off orders, we reserve the right to charge prices valid on the day of delivery.

Risk passes to the customer at the latest upon dispatch of the delivered items, even if partial deliveries are made or we have assumed other services. If dispatch is delayed at the customer's request or for reasons attributable to the customer, risk passes from the date of readiness for dispatch.

We choose the type of packaging at our own discretion. We endeavour to comply with the requirements of the German Packaging Act (VerpackG); however, we accept packaging charges only with our prior written consent. Return of packaging must generally be free domicile to 3D Culture, Erbacher Straße 19, 65343 Eltville am Rhein.

The delivery period begins with dispatch of the order confirmation, but not before the customer provides required documents, approvals, and releases, and before receipt of an agreed deposit. The delivery period is met if the item has left our premises or readiness for dispatch has been notified by its expiry.

Unforeseen delivery difficulties outside our control entitle us to a reasonable extension of the delivery period. If an agreed delivery date is exceeded due to our proven fault, the customer may withdraw from the contract only after setting a reasonable additional period and if delivery does not occur within that period. Further claims are excluded to the extent permitted by law.

For custom-made products and orders, the customer must pay a deposit of 50% upon receipt of the order confirmation. The remaining amount is due within the agreed payment period of 10 days after delivery. Invoices are sent exclusively online (by email).

Late payment entitles us to charge default interest at 8% above the base rate of the Deutsche Bundesbank. If payment terms are not met or the customer's creditworthiness is seriously called into question, all outstanding claims become due immediately. Set-off by the customer is excluded unless counterclaims have been expressly acknowledged by us.

The statutory provisions apply unless otherwise regulated below. Parts that within 6 months of transfer of risk become unusable or whose usability is significantly impaired due to faulty design, poor material, or defective workmanship shall, at our choice, be repaired or replaced free of charge. Defects must be notified in writing without delay.

Further claims of the customer, in particular claims for compensation for damage not arising to the delivered item itself, are excluded to the extent permitted by law.

Claims for damages by the customer arising from positive breach of contract, from breach of duties during contract negotiations, and from unlawful acts are excluded. This does not apply where liability is mandatory in cases of intent or gross negligence.

The goods remain our property until all claims against the customer arising from the business relationship have been fulfilled. In the event of resale, the customer hereby assigns to us the claims arising from the resale together with all ancillary rights.

The transfer of the customer's rights under the contract requires our written consent.

Place of performance for both parties is Eltville am Rhein. Exclusive place of jurisdiction for all disputes arising from the contractual relationship, insofar as the customer is a merchant, a legal entity under public law, or a special fund under public law, is Wiesbaden.

The contractual relationship is governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

If individual provisions of these terms are or become invalid, the remaining provisions shall remain binding. The parties undertake to replace the invalid provision with a regulation that comes as close as possible to the economic purpose of the invalid provision.