Limuzz is part of Blue Morpho Development GmbH
§ 1 GENERAL – SCOPE OF APPLICATION
(1) The following terms and conditions shall apply exclusively to all offers, cost estimates, sales and deliveries, unless mandatory statutory provisions to the contrary apply or something else is expressly agreed in writing.
The following General Terms and Conditions apply to all business relationships between the company Blue Morpho Development GmbH, hereinafter referred to as Blue Morpho, and the customer. In each case, the version valid at the time of the conclusion of the contract is authoritative.
3. consumers are consumers in the sense of the Consumer Protection Act (KSchG) and thus natural or legal persons who are not entrepreneurs.Entrepreneurs are natural or legal persons or partnerships with legal capacity for whom the contract in question is part of the operation of their business. Businesses are all permanent organizations of independent economic activity, even if they are not profit-oriented. Customers are both consumers and entrepreneurs.
4. counter-confirmations by the client with reference to his own terms and conditions are contradicted. Any deviating terms and conditions shall only apply if confirmed by us in writing. The same applies to verbal subsidiary agreements or supplementary agreements to the written contract.
5. confirmations by e-mail are also considered as written confirmation.
§ 2 CONCLUSION OF THE CONTRACT
1. our offers are subject to change and non-binding. We reserve the right to make technical and other changes within the scope of what is reasonable.
With the order, the customer bindingly declares his contract offer. In the case of goods ordered electronically, we will confirm receipt of the customer’s order without delay.The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt only represents a declaration of acceptance if Blue Morpho expressly declares this. For the offered services, a transmission of the object to be printed or scanned is required first. In any case, payment is only possible in advance, for example by PayPal, credit card or direct bank transfer.
We shall be entitled to accept the contractual offer contained in the order or in the acceptance of our non-binding offer within one week. In the case of goods ordered electronically, we are entitled to accept the order within one week of receipt.
4. we are entitled to refuse acceptance of the order – for example after checking the creditworthiness of the customer. We are entitled to limit the order to a household quantity.
5. in the case of special orders, we shall be entitled to issue a non-binding offer as soon as all documents for the item to be printed have been received. This offer must be accepted by the customer in writing.
The conclusion of the contract with companies is subject to the reservation that in the event of incorrect or improper self-delivery, no or only partial performance.In the event of non-availability or only partial availability of the service, the entrepreneur will be informed immediately. The consideration will be refunded immediately.
If the consumer orders the goods electronically, the text of the contract will be stored by us and sent to the customer together with the legally effective GTC by e-mail after conclusion of the contract.
8. the customer agrees that all information, documents, in particular invoices may be sent to him in a legally valid way electronically by e-mail.
§ 3 Retention of title
The contractual items remain the property of Blue Morpho until full payment of the invoice amount.
§ 4 Rights of withdrawal
The consumer has no right of withdrawal from distance contracts on:
Goods that are manufactured according to customer specifications or are clearly tailored to personal needs.
§ 5 REMUNERATION
1. the prices offered are daily prices and are valid until revoked. Price quotations are subject to change. The price includes the statutory sales tax.In the case of mail order purchase, the price is exclusive of shipping costs, the amount of which is specified in the offer depending on the size and weight. The customer does not incur any additional costs when ordering by using the means of distance communication.The customer can pay the price by Paypal or bank transfer. We reserve the right to exclude individual methods of payment.
2. the customer undertakes to pay the price before the start of the production of his order or before the dispatch of the ordered goods. Payment must be made within 10 days, otherwise we are entitled to withdraw from the contract without further notice.
§ 6 DATA PROTECTION
1. with our “data protection information” we inform our customer about:
A. Type, scope, duration and purpose of the collection, processing and use of personal data required for the execution of orders and billing;
B. his right to object to the creation and use of his anonymized usage profile for the purposes of advertising, market research and the needs-based design of our offer;
C. the transfer of data to companies commissioned by us and obliged to comply with the statutory data protection provisions for the purpose and for the duration of the credit check and the dispatch of the goods;
D. the right to free information about his personal data stored by us
E. the right to rectification, deletion and blocking of his personal data stored by us.
2. any person exceeding sec. 1, any further collection, processing and use of personal data requires the consent of the customer. The customer has the possibility to give this consent before declaring his order. The customer has the right to revoke the consent at any time with effect for the future (see “Consent under data protection law”).
§ 7 THIRD PARTY COPYRIGHT, TRADEMARK, PATENT RIGHTS
1. the customer may not have any parts manufactured by us that infringe on third-party copyrights, trademark rights or patent rights or otherwise constitute prohibited items. This also applies in particular to weapons or replicas of weapons or objects that could be mistaken for them, as well as objects that otherwise offend common decency.
2. we are entitled to refuse such orders and, in the event that a breach of this point of the contract becomes apparent only during or after production, we are entitled to claim damages from the customer. Before placing an order, the customer is obliged to inform himself that no rights of third parties will be infringed by the intended placement of the order. If the customer does not comply with this obligation, we are entitled to reject or cancel the order and withdraw from the contract. Any costs incurred shall be borne in full by the customer. Should an encroachment on the rights of third parties become apparent after the item has been handed over to the customer and the third party asserts claims against us, the customer shall be obliged to indemnify and hold us completely harmless.
3. if the customer is claimed, suspected, sued for damages or otherwise legally prosecuted for infringement of third party rights by a part manufactured by us and commissioned by the customer, the customer is obliged to inform us immediately.
4. by placing the order, the customer confirms to have all rights for the production/reproduction of the ordered parts.
§ 8 FINAL PROVISIONS
1. Austrian law shall apply.The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
(2) It is agreed that the place of jurisdiction for all disputes arising directly or indirectly from the contract shall be the Regional Court of Linz, which is the commercial court with local and subject-matter jurisdiction for our registered office. If the customer is a consumer, this place of jurisdiction shall be deemed agreed only if the customer has his domicile, habitual residence or place of employment in this judicial district or if the customer resides abroad.
3. should individual provisions of the contract with the customer, including these general terms and conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In the case of contracts with entrepreneurs, the wholly or partially invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.
§ 9 WARRANTY
1. despite the greatest care, deviations may occur with regard to quality, which must be accepted by the customer as proper fulfillment. When placing the order, it must be made known whether production to scale is desired. Only in the event that this has been expressly announced can a guarantee be given for this. Dimensional differences resulting from shrinkage or expansion of the materials used are reserved. No liability is assumed for subsequent changes due to external influences. In principle, the customer has the choice whether the improvement or a replacement should take place. We are entitled to refuse the chosen remedy if it is impossible or involves a disproportionately high effort for us compared to the other remedy. In the case of entrepreneurs, we shall initially provide warranty for defects in the goods at our discretion by means of improvement or replacement.
2. if an improvement is not possible or feasible, the customer may, at his discretion, demand a price reduction or, if the defect is not only minor, rescission of the contract.
3. entrepreneurs must inspect the delivered goods for defects within a reasonable period and notify us in writing within a period of one week from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Hidden defects must be reported to us in writing within a period of one week from discovery.Timely dispatch shall be sufficient to meet the deadline.The entrepreneur shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
The warranty period for consumers is two years from delivery of the goods.The warranty period for entrepreneurs is one year from delivery of the goods.For used goods, the warranty period is one year from delivery of the goods. For consumer goods, no warranty is given for wear and tear and improper use of the product.
5. we do not give any guarantees to our customers in the legal sense. Manufacturer’s warranties remain unaffected.
6. we will start production after payment is received. The customer is responsible for checking his design for completeness, correctness and suitability for his intended use, taking into account the technical framework conditions for the production of the components on the 3D printers to be used.
§ 9 Passport guarantee
1. we guarantee that our product Limuzz muzzle fits the dog. The fit is determined by measurements provided by the customer. Slight deviations of the delivered model from the playback targets in the online store result from the individual manufacturing of the product.
2. each order is checked by us for plausibility of the measured values.
3. in case of implausible measured values, we contact the customer by mail and clarify the measurement with him.
4. the customer has 3 days to respond to our inquiry. If this does not happen, we assume that the measured values given are correct.
5. if the customer does not contact us within 3 days after our inquiry, the fit guarantee expires and the muzzle will be produced according to his specifications.
Alternative dispute resolution pursuant to Art. 14 para. 1 ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.