3D-Tool – General Terms and Conditions for Consumer
The following terms and conditions of the 3D-Tool GmbH & Co.KG, Im Steiles 23/1, 69469 Weinheim, GERMANY are only applicable to agreements concluded with consumers. The terms and conditions of business for commercial transactions are regulated and published separately.
GTC for commercial transactions
1. Parts of the Agreement
The following terms shall form an integral part of all agreements concluded with the
3D-Tool GmbH & Co. KG after July, 12th 2016.
2.1. Software: 3D-Tool and its components as well as the accompanying documentation. 3D Tool GmbH & Co KG is not obligated to provide the source code as part of its obligations.
2.2. License: The rights of use to the Software granted to the customer.
2.3. Consumer: Every natural person entering into a legal transaction for a purpose attributed neither to a commercial nor a self-employed occupational activity.
3.1 The prices on the 3D-Tool website and in the 3D-Tool online store do not include legal taxes and duties. The 3D-Tool GmbH & Co. KG will provide individual offers for consumers.
3.2 For deliveries and services to consumers located within the European Union the 3D-Tool GmbH & Co. KG will charge the value added tax that applies for the country of the customer.
3.3 For deliveries and services to consumers located outside the European Union the 3D-Tool GmbH & Co. KG will charge no value added tax. The customer has to consider potential national reverse charge regulations and other value added tax characteristics in his country.
4. Conclusion of Contract
4.1. Upon a respective request of the customer, 3D-Tool GmbH & Co. KG will send to the customer a proposal letter pertaining to the purchase of Licenses for the Software. The present Terms and Conditions as well as the instructions on withdrawal will be attached to said proposal letter for the purpose of permanent preservation by the customer. Said proposal letter of 3D-Tool Gmbh & Co. KG shall solely be understood as an invitation to the customer to make a binding offer to 3D-Tool Gmbh & Co. KG to enter into a sales agreement.
4.2. Upon receipt of the afore-described proposal letter and in the event of continued interest, the customer may initiate an order pertaining to the purchase of Licenses for the Software subject to the conditions set out in the proposal letter. Orders can be made via E-Mail, fax or mail to 3D-Tool GmbH & Co. KG. Only such an order is a binding offer to 3D-Tool GmbH & Co. KG towards the conclusion of a sales agreement.
4.3 The contract shall not be concluded until 3D Tool GmbH & Co KG has confirmed the order or delivered the ordered goods.
5. Rights of Use
The type and scope of the rights of use granted to a customer are defined in the End User License Agreement (EULA) of the Software.
6. Payment Terms
Deliveries and services to the customer are made only against prepayment.
7. Delivery and Services
7.1. Unless otherwise agreed upon, the Software shall be delivered in the version current upon conclusion of the agreement and in accordance with the current performance specification.
7.2. If only licenses are ordered, the 3D-Tool GmbH & Co KG shall provide the appropriate version of the Software for the license for download on its website.
7.3. The 3D-Tool GmbH & Co. KG shall ensure the availability of the download for thirty (30) days from the date of the delivery note.
7.4. To use the Software with the License, the Software must be activated after installation. The license certificates required to activate the Software will be sent to the customer via e-mail or via regular mail.
7.5. The customer shall be responsible for an adequate backup of the provided Software and License Certificates.
8. INSTRUCTIONS ON WITHDRAWAL
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us:
3D-Tool GmbH & Co. KG
Im Steiles 23/1
69469 Weinheim / Germany
Tel: +49 6203 955 770 / Fax:+49 3212 1007 475
e-mail address: email@example.com)
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form attached at the end of this terms and conditions, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to 3D-Tool GmbH & Co. KG, Im Steiles 23/1, 69469 Weinheim, Germany, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal may not be executed in the event of the supply of digital content which is not supplied on a tangible medium if the performance of 3D-Tool GmbH & Co. KG has begun with the Consumer’s prior express consent before expiry of the withdrawal deadline and his acknowledgment that he thereby loses his right of withdrawal (§356 sec 5 German Civil Code).
The afore-standing shall especially apply in the event that a Consumer orders the payable version of the Software and therefore receives the requested license key which makes the Software permanently accessible.
END OF THE CANCELLATION POLICY
The statutory provisions shall apply.
10. Online Dispute Resolution
The EU Commission has launched an Internet platform for settlement of contractual disputes (so-called. "ODR platform"). The ODR platform serves as a focal point for the extrajudicial settlement of disputes concerning contractual obligations arising from online sales contracts. The customer can reach the ODR platform under the following link: http://ec.europa.eu/consumers/odr/
Our e-mail address is: firstname.lastname@example.org
11. Export Restrictions and Regulations
11.1. Please note that the Software or other technology obtained in the course of this agreement may not be transferred, exported or re-exported to countries (or to a citizen or resident of such a country) that are subject to an embargo of the United States of America or to a person listed in the regulations of the Treasury Department or Department of Commerce of the United States of America.
11.2. The customer acknowledges and agrees that the Software is subject to the export control laws and regulations of the United States and the United Kingdom. Notwithstanding any other obligation pursuant to this Section 10, the customer is obliged to independently monitor and comply with the obligations and requirements arising out of said export control laws and regulations.
11.3. The Software may not be exported, re-exported, or transferred to end users engaged in activities related to weapons of mass destruction except as authorized by the export laws and regulations of the United States. Such activities include but are not necessarily limited to activities related to: (1) the design, development, production, or use of nuclear materials, nuclear facilities, or nuclear weapons; (2) the design, development, production, or use of missiles or support of missiles projects; and (3) the design, development, production, or use of chemical or biological weapons.
11.4. Should further export control laws or regulations for the transnational delivery or performance for the country of the customer exist, the customer shall independently initiate and carry through the necessary procedures, obtain the necessary permits and shall – if so required – provide the permits to 3D-Tool GmbH & Co. KG.
11.5. If further costs for customs, fees, taxes or duties are payable in the course of a transnational delivery or performance, the customer shall carry these costs. The customer shall be liable for and shall bear all taxes and dues incurring in his country also if the 3D-Tool GmbH & Co. KG is debtor of such taxes and dues.
12. Data Protection Declaration
12.1. The 3D-Tool GmbH & Co. KG hereby ensures that personal data is only collected, stored and used in accordance with the applicable data protection regulations and other legal regulations. If personal data has been made available to the 3D-Tool GmbH & Co. KG, then this data shall only be used to answer inquiries, to execute contracts and for technical administration.
12.2. The customer consents to the collection, processing and further processing of his personal data for the purpose of the execution of this agreement. The customer has the right to request a report in regards to what personal data is stored for him or the deletion of his data, if the data is no longer required for the execution of the agreement.
13.1. All agreements with the 3D-Tool GmbH & Co. KG are construed under and shall be governed by the laws of the Federal Republic of Germany to the exclusion of the regulations of Private International Law.
13.2. The contractual language is German or English, depending on the language used for concluding the contract.
13.3. If the customer has no place of general jurisdiction in Germany, the place of jurisdiction is the place of business of the 3D-Tool GmbH & Co. KG. However, the 3D-Tool GmbH & Co KG also has the right to file an action against the customer at the latter’s place of jurisdiction of the domicile.
13.4. If an individual stipulation of this agreement should be invalid or not executable or become invalid or not executable upon conclusion of the agreement, the validity of the remaining agreement shall not be affected.
Model withdrawal form
Complete and return this form only if you wish to withdraw from the contract:
3D-Tool GmbH & Co. KG
Im Steiles 23/1
Fax: +49 3212 1007 475
I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods/for the provision of the following service,
Ordered on/received on:___________________________________________________
Name of consumer(s):_____________________________________________________
Address of consumer(s):____________________________________________________
Signature of consumer(s) only if this form is notified on paper)