Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Special Conditions for the Processing of Goods According to Customer Specifications
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Applicable Law
Jurisdiction
Alternative Dispute Resolution
These Terms and Conditions ("T&Cs") of LucaTech3D GmbH ("Seller") apply to all contracts concluded between a consumer or entrepreneur ("Customer") and the Seller relating to the sale of goods presented in the Seller's online shop. Differing conditions of the Customer shall not apply unless otherwise agreed.
These T&Cs also apply to contracts for the delivery of vouchers unless otherwise explicitly agreed.
A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activities.
An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity who acts in the course of their commercial or self-employed professional activities.
The product descriptions in the Seller's online shop do not constitute binding offers but serve for the Customer to submit a binding offer.
The Customer can submit an offer via the integrated online order form. After placing the selected products in the virtual shopping cart and completing the electronic order process, the Customer submits a legally binding offer by clicking the final order button.
The Seller may accept the Customer's offer within five days:
by sending a written or electronic order confirmation (fax or email);
by dispatching the goods (where receipt of goods by the Customer is decisive);
or by requesting payment from the Customer.
If multiple of the above apply, the contract is concluded when one of these events first occurs. The offer acceptance period begins the day after the offer is sent and ends on the fifth day thereafter. If the Seller does not accept the offer, the Customer is no longer bound.
When selecting a PayPal payment method, the contract is concluded at the time the Customer clicks the button completing the order process, subject to PayPal's terms available at https://www.paypal.com.
The contract text is stored by the Seller and sent to the Customer in text form after order submission. Additional accessibility is not provided. If the Customer has a user account, order data can be retrieved there.
Before submitting a binding order, the Customer can identify and correct input errors using standard keyboard and mouse functions or browser magnification features.
The contract language is German.
Order processing and communication generally occur via email. The Customer must ensure that the email address provided is valid and able to receive messages, including those filtered as spam.
Consumers generally have a right of withdrawal.
Details are outlined in the Seller's cancellation policy.
Unless stated otherwise, prices are total prices including VAT. Additional shipping costs are specified in the product description.
Available payment methods are listed in the online shop.
If prepayment is agreed, payment is due immediately after contract conclusion, unless otherwise agreed.
When paying via PayPal, PayPal may involve third-party services and carry out a credit check before approving payment methods. The Seller may refuse a payment method based on negative results. Payment must be made to PayPal or its assigned provider. The Seller remains the contact for all general inquiries.
When using Shopify Payments, payments are processed by Stripe Payments Europe Ltd. Additional terms may apply.
Payments via Stripe are also processed by Stripe Payments Europe Ltd. Additional terms may apply, available at https://stripe.com.
Delivery is made to the address provided unless otherwise agreed.
For freight deliveries, delivery is made curbside unless otherwise stated.
If delivery fails due to Customer fault, the Customer bears the resulting costs. Exceptions apply when the Customer exercises the right of withdrawal.
For entrepreneurs, risk transfers upon dispatch to the shipping company. For consumers, risk transfers upon receipt unless they arranged shipping themselves.
If goods are not properly supplied, the Seller may withdraw. The Customer will be informed and reimbursed promptly.
Self-collection is not possible.
Vouchers are delivered via email.
If the Seller delivers in advance, ownership remains with the Seller until full payment is received.
Unless stated otherwise, statutory warranty rules apply.
Seller chooses the type of supplementary performance;
For new goods, the limitation period is one year;
Warranty is excluded for used goods;
Replacement delivery does not restart the limitation period.
For used goods, a one-year limitation applies if agreed and disclosed before contract conclusion.
Claims for damages or expenses;
Fraudulent concealment of defects;
Construction-related defects;
Obligations to provide updates for digital products.
Entrepreneurs’ right of recourse remains unaffected.
Merchants must inspect and notify defects promptly under § 377 HGB.
Consumers are asked to report visible transport damage, though failure to do so does not affect rights.
The Seller is fully liable:
for intent or gross negligence;
for injury to life, body, or health;
for guarantees, if applicable;
under mandatory legal liability, e.g., product liability law.
For slightly negligent breach of essential obligations, liability is limited to foreseeable damages.
No further liability exists.
These rules also apply to agents and representatives.
Customers must provide all materials (e.g., images, texts) in the specified format and grant usage rights. They must ensure they have the necessary rights and do not infringe third-party rights.
Customers indemnify the Seller from third-party claims arising from such content and cover legal costs unless not responsible.
The Seller reserves the right to reject content that is unlawful, offensive, or inappropriate.
Promotional vouchers are issued free of charge with a validity period and are redeemable only in the online shop.
Only consumers may redeem promotional vouchers.
Some products may be excluded.
Vouchers must be redeemed before completing the order.
Only one voucher per order is permitted.
The order value must meet or exceed the voucher amount; no refunds for unused credit.
Remaining amounts can be paid using standard payment methods.
No cash payout or interest.
No refund if products purchased with a voucher are returned.
Vouchers are transferable; the Seller may redeem them unless aware of unauthorized use.
Gift vouchers purchased in the shop are redeemable only there.
They are valid until the end of the third year after purchase.
Must be redeemed before completing the order.
Only one gift voucher per order is permitted.
They cannot be used to buy other gift vouchers.
Remaining amounts can be paid using standard methods.
No cash payout or interest.
Gift vouchers are transferable unless misuse is suspected.
German law applies, excluding UN sales law. For consumers, this applies only insofar as it does not restrict protections in the country of residence.
For merchants, public legal entities or special public funds in Germany, the Seller's business location is the exclusive jurisdiction. For Customers outside Germany, the same applies if their commercial activities are concerned. The Seller may also sue at the Customer's place of business.
The Seller is not obligated but willing to participate in alternative dispute resolution before a consumer arbitration board.
© IT-Recht Kanzlei – Last updated: April 15, 2025, 04:02:38 AM
