AGB

Terms and Conditions

scope

The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur 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.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.

contractual partners, conclusion of contract

The purchase contract is concluded with 360Druck Antonio Avigliano.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods in the shopping cart by clicking on the order button. Immediately after submitting the order, you will receive another German confirmation by email.

delivery conditions

In addition to the stated product prices, shipping costs may apply. You can find more detailed information on any shipping costs in the offers.

You generally have the option of picking up your order from 360Druck Antonio Avigliano, Stiftsstr. 267, 50171 Kerpen, Germany. Business hours by arrangement.

pay

In our shop you can generally use the following payment methods:

PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.

Cash on pickup

You pay the invoice amount in cash upon collection, which will be acknowledged.

right of withdrawal

Consumers have the statutory right to cancel, as described in the cancellation policy. Businesses are not granted a voluntary right to cancel. This is unless the goods are tailored to personal needs or are made specifically for the customer. These custom-made products are excluded from cancellation.

retention of title

The goods remain our property until full payment has been made.

The following also applies to entrepreneurs: We retain title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale in the amount of the invoice amount - regardless of whether the reserved goods are combined or mixed with a new item - and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the freight carrier or transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or the other person or institution designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code applies. If you fail to give notice as set out there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects applies.

When consumers buy used goods, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.

For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for recourse claims under Section 445a of the German Civil Code remain unaffected.

In relation to entrepreneurs, only our own information and the manufacturer's product descriptions that have been included in the contract are deemed to constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.

If the delivered item is defective, we will initially provide a warranty to entrepreneurs at our discretion by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).

The above restrictions and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents

• in case of injury to life, body or health

• in the event of intentional or grossly negligent breach of duty or malice

• in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations)

• within the framework of a guarantee promise, if agreed

• to the extent that the scope of application of the Product Liability Act is open.

Liability

We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents.

• in case of injury to life, body or health

• in the event of intentional or grossly negligent breach of duty

• in the case of guarantee promises, if agreed, or

• to the extent that the scope of application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to occur. In all other respects, claims for damages are excluded.

11. Dispute settlement

The European Commission provides a platform for online dispute resolution (ODR), which you can find in the imprint.