Limuzz is part of Blue Morpho Development GmbH

§ 1 GENERAL – SCOPE
1. The following terms and conditions apply exclusively to all offers, cost estimates, sales and deliveries, unless mandatory statutory provisions conflict with this or something else has been expressly agreed in writing.
2. 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. The version valid at the time of conclusion of the contract shall be decisive.
3. Consumers are consumers within the meaning 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 present contract is part of the operation of their company. Enterprises are all long-term organizations of independent economic activity, even if they are not aimed at profit. Customers are both consumers and entrepreneurs.
4. Counter-confirmations by the client with reference to his own terms and conditions are contradicted. Its deviating conditions shall only apply if they are confirmed by us in writing. The same applies to verbal ancillary agreements or supplementary agreements to the written contract.
5. Confirmations by e-mail shall also be deemed to be written confirmation.

§ 2 CONCLUSION OF 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.
2. With the order, the customer declares his binding contract offer. In the case of goods ordered electronically, we will immediately confirm receipt of the customer’s order.The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt only constitutes a declaration of acceptance if Blue Morpho expressly declares this. In the case of the services offered, a transmission of the object to be printed or scanned is first required. In any case, payment is only possible in advance, for example by PayPal, credit card or direct transfer.
3. We are 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 by us.
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 normal household quantity.
5. In the case of special orders, we are entitled to make 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.
6. The conclusion of the contract with companies is subject to the proviso that in the event of incorrect or improper self-supply, it will not be performed or only partially performed. In the event of unavailability or only partial availability of the service, the entrepreneur will be informed immediately. The consideration will be refunded immediately.
7. 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, documents, documents, in particular invoices, may be sent to him legally valid by electronic means by e-mail.

§ 3 Retention of title
The contractual objects remain the property of Blue Morpho until full payment of the invoice amount.

§ 4 Rights of withdrawal

The consumer has no right of withdrawal in the case of distance contracts for:

Goods that are manufactured to customer specifications or are clearly tailored to personal needs.

§ 5 REMUNERATION
1. The prices offered are daily prices and are valid until revoked. Prices are subject to change. The price includes the statutory value added tax.In the case of a shipment purchase, the price is exclusive of the shipping costs, which are stated 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 payment methods.
2. The customer undertakes to pay the price before the start of the production of his order or before dispatch of the ordered goods. Payment must be made within 10 days, otherwise we are entitled to withdraw from the contract without setting a further grace period.

§ 6 DATA PROTECTION
1. With our “Data Protection Information” we inform our customers about:
A. Type, scope, duration and purpose of the collection, processing and use of the personal data required for the execution of orders and billing;
his right to object to the creation and use of his anonymized user 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 regulations for the purpose and 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 correction, deletion and blocking of his personal data stored by us.
2. Each via para. 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 his consent at any time with effect for the future (see “Data protection consent”).

 

§ 7 THIRD-PARTY COPYRIGHTS, TRADEMARKS, PATENT RIGHTS
1. The customer may not have any parts manufactured by us that interfere with third-party copyright, trademark or patent rights or otherwise represent prohibited items. This applies in particular to weapons or replicas of weapons or objects that could be mistaken for them, as well as objects that otherwise violate common decency.
2. We are entitled to refuse such orders and, in the event that a breach of this contractual point only arises during or after manufacture, 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 are infringed by the intended placing 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 interference with the rights of third parties after handover of the item to the customer become apparent and the third party asserts claims against us, the customer is obliged to indemnify and hold us completely harmless.
3. If the customer is sued, suspected, sued for damages or otherwise legally prosecuted for infringement of third-party rights by a part manufactured by us commissioned by the customer, the customer is obliged to inform us immediately.
4. By placing an order, the customer confirms that he has all rights to manufacture/reproduce the commissioned 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 to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
2. The place of jurisdiction for all disputes arising directly or indirectly from the contract shall be the Linz Regional Court, which is locally and objectively responsible for our registered office, as the commercial court. If the customer is a consumer, this place of jurisdiction shall only be deemed to have been agreed if the customer has his domicile, habitual residence or place of employment in this court or if the customer lives 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 ineffective provision shall be replaced by a provision whose economic success comes as close as possible to that of the ineffective one.

§ 9 WARRANTY
1. Despite the greatest care, deviations may occur with regard to the quality, which is to be accepted by the customer as proper fulfilment. When placing an order, it must be announced whether a true-to-scale production is desired. Only in the event that this has been expressly announced, can this be guaranteed. Dimensional differences caused by shrinkage or elongation of the materials used are reserved. No liability is assumed for subsequent changes caused by external influences. In principle, the customer has the choice of whether the improvement or an exchange 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 it is not only a minor defect, cancellation of the contract.
3. Entrepreneurs must inspect the delivered goods for defects within a reasonable period of time and notify us of them 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 is sufficient to meet the deadline. The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defects.
4. 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. In the case of used goods, the warranty period is one year from delivery of the goods. For everyday objects, no warranty is given against wear, 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 by this.
6. We start manufacturing after receipt of payment. The customer is responsible for checking his design on his own responsibility for completeness, correctness and suitability for the intended purpose, taking into account the technical framework conditions in the production of the components on the 3D printers used.

§ 9 Passport guarantee
1. We guarantee that our product Limuzz muzzle fits the dog. The fit results from measured values that the customer transmits. Slight deviation of the delivered model from the examples in the online shop result from the individual production of the product.
2. Each order is checked by us for plausibility of the measured values.
3. In the case of implausible measured values, we contact the customer by e-mail and clarify the measurement with him.
4. The customer has 3 days to contact us in response to our inquiry. If this does not happen, we assume that the measured values that have been given are correct.
5. If the customer does not contact us within 3 days in response to our request, the passport guarantee expires and the muzzle is produced according to his specifications.

 

 

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Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find under http://ec.europa.eu/consumers/odr/ . We are not obliged and unwilling to participate in a dispute resolution procedure before a consumer arbitration board.

 

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© 2018 Blue Morpho Development GmbH.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.