The following General Terms and Conditions (GTC) regulate the use and the claim for the offer under the domain
www.rc-jeptrint.de (hereinafter referred to as “Shop”). The contractual partner and service provider (hereinafter referred to as “Seller") is:
Owner: Andreas Siek, Uhlandstr. 42, 32105 Bad Salzuflen, Germany
The Seller provides its services on the basis of the General Terms and Conditions in the version valid at the time of the conclusion of the contract. All offers of the store can be changed without prior notice. Consumers in the sense of §13 BGB (German Civil Code) are accepted as customers in the store - i.e. any natural person who concludes a legal transaction for a purpose that is neither attributable to his commercial nor his independent professional activity.
1. General / description of the service
The customer can purchase digital files and potentially included text and image material (hereinafter referred to as “Products”) via the Shop. The customer can select the Products in the Shop and purchase them. The Products are available exclusively via download. The purchased Products can be run on all common 3D printer devices. The Seller does not extend any warranty for compatibility. The following General Terms and Conditions apply to the entire business relationship with the Buyer. The Buyer recognises them as being binding on it for the present contract. The Buyer agrees to receiving electronic communication from us for the purposes of the contract, e.g. in the form of emails and the Buyer further agrees that the electronic communication also complies with the form for all consents and notifications, unless statutory provisions mandate another form. The Buyer waives invoking its own terms of purchasing. These will also not become part of the contract if we do not respond or if we make our delivery. Any correspondence with us must be sent via the address named in the legal notice of the homepage.
2. Conclusion of the contract
The presentations on our web pages shall be understood as a request to place offers by ordering, i.e. the order is an offer made to us for the buying the selected items from us. The purchase contract will be concluded only by our explicit acceptance of such an offer from the Buyer. By clicking the “Order now against payment” button in the last step of the ordering process, the customer makes a binding offer to purchase the digital Products via download against payment. The Seller will confirm receipt of the order to the customer exclusively by email sent to the address that was entered in the order process or that is saved in the customer account. Payments can be processed either as payment in advance/bank transfer or via external payment service providers (PayPal or SOFORTÜberweisung). The services of external payment service providers are subject to the GTC of the respective provider, which can be retrieved on the homepage of the provider in question. The condition for a successful processing of the purchase is the correct input of the data queried from the customer. The customer completes the payment by clicking on the “Pay now” button (or a similar button) after completed login or input of his or her personal data. After successful payment, the customer will be redirected to the Shop where the purchased Products can be downloaded. Immediately after successful payment, the customer will be sent a confirmation by email to the saved email address and the download will be made available. By making the ordered Products available for download, the buyer accepts the customer’s offer and the purchase contract is effectively concluded. The purchase contract will be deemed fulfilled by the Seller as soon as the Product was downloaded successfully for the first time.
3. Prices, due date and payment, default
Our prices are in Euro (€/EUR), the prices mentioned in the store are final prices. According to § 19 UStG no sales tax will be charged. The purchase price is due immediately. The payment options PayPal, credit card, direct debit, SOFORT Überweisung and prepayment/bank transfer are free and free of charge. Purchase on account is not possible. Should the buyer be in default of payment, we are entitled to charge interest on arrears at a rate of 5% above the prime rate per annum announced by the European Central Bank. Should we have incurred a higher damage caused by default, we shall be entitled to assert such damage. If the purchaser is in default of payment for a delivery, we may withhold further deliveries without being in default. An express assertion of our right of retention is not required. The date of receipt of the payment by us or the date on which the payment is credited to the paying agent specified by us shall be decisive for the timeliness of payment, not the date of dispatch.
The articles are distributed exclusively as download, there are no shipping costs.
The buyer is legally entitled to a right of withdrawal pursuant to § 312 g BGB if he is a consumer, since the purchase of goods on the Internet as in this case is a so-called distance contract. Regarding the right of withdrawal and its consequences, a separate cancellation policy will be issued and sent in text form upon completion of the order.
6. Expiry of the right of withdrawal
In the case of contracts for digital content/goods that are not delivered on a physical medium (such as downloads), the right of withdrawal shall expire as soon as the seller has begun executing the contract, after the buyer has expressly consented to the seller beginning to execute the contract before the end of the withdrawal period, and the buyer has confirmed his knowledge that his consent means that he loses his right of withdrawal as soon as the execution of the contract begins. Consent to commence and confirmation of the Buyer's knowledge is made at the end of the ordering process on the Summary page (query by checkbox, tick) before sending the order to the Seller.
7. Rights of use
Through the purchase, the customer acquires the simple, non-transferable, spatially and temporally unrestricted right to store, copy and listen to or view the purchased products for exclusively personal and private use, not for commercial purposes, as often as desired. Purchased products may be copied to various local storage devices, burned to data carriers and used exclusively for private purposes. Any further use beyond the rights granted is not permitted. Commercial use and distribution of the products, is not permitted. The saving and placing of purchased products in data networks is expressly prohibited. The products are copyrighted material. When using the purchased products, the customer must comply with the statutory provisions and the provisions of the German Copyright Act (UrhG) in its current version. All rights of the authors to the protected works contained on the website are reserved. The digital products may only be used by the customer himself and may not be passed on to third parties. The seller reserves the right to add digital logos to the offered products. Digital logos consist of perceptible information, which must be printed as well.
8. Retention of title
Delivered products shall remain our property until payment has been made in full. Insurance claims and claims for damages which the buyer acquires due to loss or damage to the products are hereby assigned to us. If the Buyer is in default, he shall grant us access to the products in his possession at our request, send us a detailed list of the products, surrender the products to us and delete and destroy them on his premises.
As far as the customer uses services of the store, the customer is responsible to keep them safe and from the access of third parties and is liable for any further action. If the customer suspects that unauthorized third parties have gained knowledge of it, he has to inform the seller immediately and take all legal steps himself that they immediately stop the unauthorized use of the service of the store. The customer undertakes not to use a collective e-mail address used by several users. The customer is liable for any infringements of third party rights for which he is responsible towards these third parties himself and directly. In the case of justified claims by third parties, the customer is obligated to indemnify the seller, unless he can prove that he is not responsible for the breach of duty that caused the damage. In the event of intent or gross negligence, the Seller shall be liable without limitation for all damages attributable thereto. If the attributable breach of duty of the seller is due to simple negligence and an essential contractual obligation is culpably violated, the liability of the seller is limited to the typical, comparable damage that occurs in comparable cases. For loss of data for which the store is responsible, or consequential harm caused by a defect, the seller is only liable for damages that can be traced back to data lost up to the last data backup of the customer, or up to the previous point in time at which the data backup would have had to be carried out.
Liability for any indirect damages and consequential damages, such as damages incurred subsequently, in particular data loss, hardware malfunctions, defects in the manufactured end product is excluded in its entirety.
Liability for direct damages is limited to the amount of the service of the product purchased by the customer. This limitation of liability does not apply to direct damages caused by gross negligence or intent.
The customer is obliged to report direct damage to the immediately, without culpable delay.
Any liability for auxiliary persons is fully excluded.
The seller reserves the right to block the customer in case of misuse, violation of contractual obligations and duties as well as default of payment.
11. Rights of withdrawal
We may withdraw from the contract if it becomes apparent after conclusion of the contract that we have quoted prices which are lower than our actual purchase prices and we are not responsible for this circumstance because incorrect information has led to this. We may also withdraw from the contract if, after conclusion of the contract, it becomes apparent that we have quoted prices for which we are not responsible because software errors have led to this. Our rights of rescission due to error shall remain unaffected by the rights of rescission described above. In the event of the aforementioned circumstances, the customer will be informed immediately and any purchase prices paid will be refunded without delay.
12. Liability for defects
The Purchaser shall be entitled to the statutory claims under the German Civil Code with regard to defects in the purchased item. If there is a defect in the purchased item, the Purchaser may first demand subsequent performance = the delivery of a defect-free purchased item. The defective purchase item delivered first must be proven by the purchaser and reported to the seller in writing (e.g. by e-mail). If the subsequent performance fails, the purchaser may either reduce the purchase price in accordance with the defect or withdraw from the contract altogether. If the delivered product has obvious material defects, the buyer must report these defects to us within fourteen days of receipt of the product at the latest, stating the defects and referring to the order number. The relevant time for compliance with this notification period is not the date of receipt by us, but the postmark or the date of dispatch of the notice of defect. A defect is always obvious if it is noticeable without special attention. Delayed notification of such obvious defects shall result in the loss of warranty rights with regard to such defects. For non-obvious defects, on the other hand, the statutory limitation periods shall apply. If the Buyer is a merchant within the meaning of the German Commercial Code (HGB), the special obligation to give notice of defects in commercial transactions pursuant to §§ 377, 378 HGB shall remain unaffected.
13. Retention and set-off
The purchaser may only assert a right of retention if it is based on the same contractual relationship. He shall only be entitled to a set-off if we do not dispute the counterclaim or if it has been legally established. If the purchaser is a merchant within the meaning of the German Commercial Code (HGB), his rights of retention shall be excluded.
14. Foreign business
All agreements with us are subject to German law. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
The invalidity of one or more clauses of these General Terms and Conditions shall not affect the validity of the remainder of the contract. The invalid provision shall be replaced by the statutory provisions.
16. Place of performance, place of jurisdiction
For all rights and obligations arising from the business relationship, the place of performance shall be determined in accordance with the statutory provisions. If the customer is a merchant within the meaning of the German Commercial Code (HGB), the exclusive jurisdiction of the court at our registered office is agreed for all disputes arising from the contract. Our right to assert our claims in court at another place of jurisdiction shall remain unaffected vis-à-vis merchants. We may also assert our claims against a customer who is not a merchant before the court at our registered office if he has no general place of jurisdiction in the Federal Republic of Germany or if he moves his place of residence or habitual abode out of this area after conclusion of the contract or if his place of residence or habitual abode is not known at the time of assertion of the claim in court.
17. Data protection
18. Information on online dispute resolution (pursuant to Art. 14 (1) ODR Regulation)
The online dispute resolution platform of the European Commission can be reached at: https://ec.europa.eu/consumers/odrWe are neither willing nor obliged to participate in arbitration proceedings before a consumer arbitration board.