Scoobe3D

We are looking for highly motivated sales partners in all regions (EMEA, APAC, Americas)! Apply here

General terms and conditions of business

General Terms and Conditions of Sale and Delivery

for the exclusive use in the business transactions of Scoobe3D GmbH, Werner-von-Siemens-Straße 6, 86159 Augsburg (hereinafter: "Seller"), concerning the online shop www.scoobe3d.com and all sub-domains belonging to the domain vis-à-vis entrepreneurs, legal entities under public law or a special fund under public law

1 General - Scope

1.1 Our General Terms and Conditions of Delivery and Sale shall apply to all our sales offers and purchase contracts as well as to the deliveries resulting therefrom. Our Terms and Conditions of Delivery and Sale shall apply exclusively; we do not recognise any terms and conditions of the buyer that conflict with or deviate from our terms and conditions unless we have expressly agreed to their validity in writing. Our terms and conditions shall also apply if we carry out the delivery to the buyer without reservation in the knowledge of terms and conditions of the buyer that are contrary to or deviate from our terms and conditions of delivery and sale. 

1.2 Individual agreements made with the Buyer in individual cases (including subsidiary agreements, supplements and amendments) shall in all cases take precedence over these Terms and Conditions of Delivery and Sale. A written contract or our written confirmation shall be authoritative for the content of such agreements. 

1.3 Legally relevant declarations and notifications to be made by the Buyer to the Seller after conclusion of the contract must be made in writing in order to be effective. 

1.4 These General Terms and Conditions of Delivery and Sale shall only apply vis-à-vis an entrepreneur, a legal entity under public law or a special fund under public law pursuant to Section 310 (1) sentence 1 BGB. 

2 Offer and conclusion of contract

2.1 When concluding a contract via the online interface: Unless expressly stated otherwise, our offers are subject to change and non-binding. The order by the buyer is a binding offer. After receipt of your order, you will receive a notification e-mail confirming receipt of the order (hereinafter referred to as "confirmation of receipt"). The confirmation of receipt does not constitute acceptance of the customer's purchase offer by the seller. The acceptance of the purchase offer shall be effected by e-mail or by delivery of the goods within 5 days.
When concluding a contract by other means: Unless otherwise provided, the Seller's offers are subject to change. Orders placed shall only become binding upon written confirmation by the Vendor or upon the written conclusion of a purchase contract.

2.2 We reserve the right of ownership to cost estimates, drawings and other offer documents. This applies equally to our copyright, insofar as these documents are copyrightable. They may not be made accessible to third parties. 

3 Scope of the obligation to deliver

3.1 The written purchase contract or our written order confirmation shall be decisive for the scope of delivery. 

3.2 Our information on the delivery item (e.g. weights, dimensions, utility values, load-bearing capacity, tolerances and technical data) as well as our representations of the same (e.g. illustrations and drawings) are only approximately authoritative unless usability for the contractually intended purpose requires exact conformity. 

3.3 The information according to the above section 3.2 is not a guaranteed quality feature, but a description or identification of the delivery. Deviations that are customary in the trade and deviations that occur due to legal regulations or represent technical improvements as well as the replacement of components with equivalent parts are permissible insofar as they do not impair the usability for the contractually intended purpose and these are reasonable for the buyer. 

4. price and payment

4.1 The prices apply ex our warehouse. For orders via the online shop, the prices stated there shall apply. All prices are final prices.

4.2 Unless otherwise agreed, payment of the purchase price shall be made at the latest within 30 days of receipt of the invoice without any discount. 

4.3 In the event of non-compliance with the terms of payment or if it becomes known to us after conclusion of the contract that the claim for payment is jeopardised by the buyer's lack of ability to pay, the seller shall be entitled to make outstanding deliveries only against advance payment or the provision of security. 

4.4 The retention of payments or the offsetting against claims of the buyer which are disputed by the seller, are not recognised and have not been legally established is excluded. 

4.5 The buyer's authority to assign claims and in particular claims arising from this contract to third parties or to authorise third parties to collect claims or to assert claims arising from this contract is excluded; however, this does not apply to the assignment of monetary claims. 

4.6 A promotional voucher and discount code cannot be purchased and has a specific validity period. Both can only be redeemed once as part of an order process. A voucher or discount code cannot be subsequently applied to an order and no transfer to third parties or payment is possible. Only one voucher or discount code can be used at a time, a combination of several is not possible unless otherwise agreed in writing. 

5. delivery time

5.1 The delivery time results from our agreements with the buyer. Its observance by us presupposes that all commercial and technical questions between the contracting parties have been clarified or that the performance of a down payment or full payment of the purchase price (is defined in the respective offer) has been fulfilled. If this is not the case, the delivery period shall be extended accordingly. This shall not apply if the Seller is responsible for the delay. 

5.2 Compliance with the delivery time is subject to correct and timely delivery to us. We shall inform the buyer as soon as possible of any delays that become apparent.

5.3 The delivery period shall be deemed to have been complied with if the delivery item has left the Seller's premises or notification of readiness for dispatch has been given by the time the delivery period expires. Insofar as a statutory or contractually agreed acceptance has to take place, the acceptance date shall be decisive - except in the case of justified refusal of acceptance - or alternatively the notification of readiness for acceptance if the acceptance is delayed for reasons for which the Seller is not responsible. 

5.4 If non-compliance with the delivery time is due to force majeure, sovereign measures, industrial disputes or other events beyond the Seller's control, the delivery time shall be extended accordingly. We shall notify the Buyer of the beginning and end of such circumstances as soon as possible. This provision shall also apply if corresponding events occur at our suppliers or subcontractors. 

5.5 If the Seller is in default and the Buyer suffers damage as a result, the Buyer shall be entitled to demand exclusively a lump-sum compensation for default, without prejudice to further claims pursuant to section 5.7. This shall amount to 0.5% for each full week of delay, but in total not more than 5% of the value of that part of the total delivery which cannot be used on time or in accordance with the contract as a result of the delay. 

5.6 If the Buyer sets the Seller - taking into account the statutory exceptions - a reasonable deadline for delivery after the due date and if the deadline is not met, the Buyer shall be entitled to withdraw from the contract within the framework of the statutory provisions. He undertakes to declare at our request within a reasonable period whether he will exercise his right of withdrawal. 

5.7 Further claims arising from delay in delivery shall be determined exclusively in accordance with Clause 10.4 of these Terms and Conditions. 

6 Transfer of risk and acceptance of the delivery item

6.1 The risk shall pass to the Buyer when the delivery item is handed over to the carrier, freight forwarder or collector, or in the case of transport with our own means of transport, but at the latest when it leaves the Seller's premises or the warehouse of the manufacturer's works.

6.2 If delivery by us to the buyer's premises has been agreed, the buyer shall bear the risk from the start of loading.

6.3 At the written request of the buyer, we shall insure the goods against breakage, transport, fire and water damage at the buyer's expense.

6.4 If dispatch is delayed as a result of circumstances for which the Seller is not responsible, the risk shall pass to the Buyer from the time of notification of readiness for dispatch. 

6.5 Delivered items shall be accepted by the buyer without prejudice to the rights under clause 9 of these terms and conditions, provided they do not have any significant defects.

6.6 Partial deliveries are permissible insofar as they are reasonable for the buyer. 

7. dispatch of the goods through the intervention of third parties

7.1 Shipment shall be made on behalf and for the account of the Seller, unless expressly agreed otherwise. The means of transport and the shipping route shall be determined at the Seller's discretion and to the exclusion of any liability for any errors on the part of the company commissioned.

7.2 The Seller shall hand over the delivery item from the warehouse/ramp of the business premises. Upon handover of the delivery item, the risk shall pass to the buyer. 

7.3 Externally visible damage to the delivery item must be reported to the buyer by the transport company upon handover and certified to us. Insofar as there are damages or shortfalls in the delivery, a written record of the extent of the damage and the names and addresses of the persons involved in the delivery must be drawn up and sent to the seller without delay. 

7.4 Packaging costs as well as any costs for the return of the packaging material shall be borne by the buyer. 

8. retention of title

8.1 We retain title to the delivery item until receipt of all payments under the purchase contract. In the event of conduct by the Buyer in breach of the contract, in particular in the event of default in payment, the Seller shall be entitled to take back the delivery item. The taking back of the delivery item by the Seller shall constitute a withdrawal from the contract. After taking back the delivery item, the Seller shall be entitled to realise it; the realisation proceeds shall be credited against the Buyer's liabilities - less reasonable realisation costs. 

8.2 In the event of seizures or other interventions by third parties, the Buyer shall notify us immediately in writing and in advance by telephone so that the Seller can, if necessary, file a lawsuit pursuant to § 771 ZPO (German Code of Civil Procedure). Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action pursuant to § 771 ZPO, the Buyer shall be liable for the loss incurred by us, insofar as the Buyer is responsible for this. 

8.3 The buyer is entitled to resell the delivery item in the ordinary course of business; however, he already assigns to the seller all claims in the amount of the final invoice amount (including VAT) of our claim, which accrue to him from the resale against his customers or third parties, irrespective of whether the delivery item has been resold without or after processing. The buyer shall remain authorised to collect this claim even after the assignment. This shall not affect the Seller's right to collect the claim itself. However, the Vendor undertakes not to collect the claim as long as the Buyer meets his payment obligations from the proceeds collected, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have not been suspended. If this is the case, however, the seller may demand that the buyer informs it of the assigned claims and their debtors, provides all information required for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment. 

8.4 Any processing or transformation of the delivery item by the Buyer shall always be carried out for the Seller. If the delivery item is processed with other items not belonging to the Seller, the Seller shall acquire co-ownership of the new item in the ratio of the value of the delivery item (final invoice amount, including VAT) to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by the processing as to the delivery item delivered under reservation. 

8.5 If the delivery item is inseparably mixed with other items not belonging to the Seller, the Seller shall acquire co-ownership of the new item in the ratio of the value of the delivery item (final invoice amount, including VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the Buyer's item is to be regarded as the main item, it shall be deemed to be agreed that the Buyer transfers co-ownership to the Seller on a pro rata basis. The Buyer shall hold the sole ownership or co-ownership thus created in safe custody for the Seller.

8.6 If the delivery item is rented out by the buyer, the buyer hereby assigns to us all claims in the amount of the final invoice amount (including VAT) of our claim. Furthermore, the buyer assigns to us his claim for surrender against the renter. The seller accepts the assignments. The buyer undertakes to provide the information and hand over the business documents concerning the concluded rental agreements. 

9 Liability for defects in the delivery

9.1 All parts showing a material defect as a result of a circumstance prior to the transfer of risk shall be repaired or replaced free of charge at the Seller's reasonable discretion. The Seller shall be notified immediately in writing of the discovery of such defects.

9.2 No liability shall be assumed for damage due to natural wear and tear, unless the Seller is responsible for this. 

9.3 No liability is accepted for damage caused by the following reasons: 

  • Unsuitable or improper use, 
  • Faulty assembly or commissioning by the buyer or third parties, 
  • In the event of incorrect or negligent handling of the delivery item, in particular with regard to the present operating instructions, 
  • In case of excessive stress and 
  • If unsuitable operating materials are used. 

9.4 The buyer shall give us the necessary time and opportunity to carry out all repairs and replacement deliveries deemed necessary by the seller in its reasonable discretion after consultation with us; otherwise we shall be released from liability for defects. Only in urgent cases of danger to operational safety, of which we must be informed immediately in writing and verbally in advance, or if we are in default with the rectification of the defect, shall the buyer have the right to rectify the defect himself or have it rectified by third parties or to demand reasonable reimbursement of his costs from the seller. 

9.5 Any improper modifications or repair work carried out by the buyer or third parties without our prior consent shall void our liability for the resulting consequences.

9.6 Notwithstanding the Buyer's claims under this Clause 9, the Buyer shall have further claims under the provisions of Clause 10.4. 

9.7 Used delivery items are sold under exclusion of liability for material defects. This exclusion does not apply in the cases of item 10.4 of these terms and conditions. 

9.8 Unless otherwise agreed, we shall make our domestic deliveries free of third party industrial property rights and copyrights. Should a corresponding infringement of property rights nevertheless exist, we shall either procure a corresponding right of use from the third party or modify the delivery item to the extent that an infringement of property rights no longer exists. Insofar as this is not possible for us under reasonable and acceptable conditions, both the buyer and we shall be entitled to withdraw from the contract. 

9.9 In other respects, the provisions of this Clause 9 shall apply mutatis mutandis in the event of defects of title, whereby claims of the Buyer shall only exist if the Buyer immediately informs the Seller in writing of any claims asserted by third parties, does not directly or indirectly acknowledge an alleged infringement, all defence options are retained for us without restriction, the infringement is not based on the fact that the Buyer has modified the delivery item or used it in a manner not in accordance with the contract or the defect of title is attributable to an instruction of the Buyer. 

10 Further rights of the buyer

10.1 The buyer may withdraw from the contract if it becomes definitively impossible for the seller to make the delivery; the same applies in the event of incapacity. The buyer may also withdraw from the contract if, when ordering items of the same kind, it becomes impossible to execute part of the delivery in terms of quantity and the buyer has a justified interest in refusing a partial delivery. If this is not the case, the buyer may reduce the consideration accordingly. 

10.2 If the impossibility occurs during a delay in acceptance or through the fault of the buyer, the buyer shall remain obliged to counter-performance. 

10.3 The Buyer shall also have the right to withdraw from the contract if we allow a reasonable period of grace set for us for the subsequent performance of a defect for which the Seller is responsible to expire fruitlessly. The buyer's right of withdrawal shall also exist in other cases of failure of subsequent performance by the seller. 

Further claims for compensation for damage of any kind, including such damage that has not occurred to the delivery item, exist only 

  • in the event of wilful breach of duty by the seller, 
  • in the event of a grossly negligent breach of duty by the Seller or in the event of an intentional or grossly negligent breach of duty by one of its legal representatives or vicarious agents,
  • in the event of injury to life, limb or health resulting from a negligent breach of duty by the Seller or an intentional or negligent breach of duty by its legal representative or vicarious agent, 
  • in the event of culpable breach of essential contractual obligations, insofar as the achievement of the purpose of the contract is jeopardised, with regard to the foreseeable damage typical for the contract,
  • in cases where liability is assumed under the Product Liability Act for defects in the delivery item, for personal injury or property damage to privately used objects, 
  • in the case of defects which have been fraudulently concealed or the absence of which we have guaranteed, 
  • Any further claims for damages are excluded. 

11. statute of limitations

All claims of the buyer - for whatever legal reasons - are subject to a limitation period of 12 months. The statutory periods shall apply to claims for damages in accordance with Clause 10.4. These shall also apply in the event of recourse against entrepreneurs pursuant to §§ 478, 479 BGB. 

12. model protection, software

12.1 The buyer may not reproduce our goods or have them reproduced and generally may not distribute reproductions.

12.2 No ownership of the programme is acquired with the delivery of software programmes, only the right of use. The programmes remain the property of Scoobe3D. The customer is not permitted to reproduce or copy the programmes in whole or in part.

12.3 Decompilation and copyright notices. The reverse translation of the licensed software into other code forms (decompilation) as well as other types of reverse engineering of the various production stages of the licensed software are prohibited. Copyright notices, serial numbers and other features serving to identify the programme may not be removed or changed under any circumstances.

13 Applicable law and place of jurisdiction

13.1 This contract shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

13.2 The place of performance for all deliveries and claims arising from or in connection with the contract shall be the Seller's place of business. 

13.3 If the Buyer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the Seller's place of business. However, we are also entitled to bring an action at the general place of jurisdiction of the buyer. 

13.4 If any provision of this Agreement is or becomes invalid, this shall not affect the validity of the remaining provisions of this Agreement. The parties shall replace such invalid provisions with legally valid ones which achieve the intended purpose of the invalid provisions as closely as possible.

13.5 The Lessor may transfer rights and obligations from this contract to third parties. The customer shall only be entitled to this right of transfer with the prior written consent of the Lessor. The Lessor may make the consent dependent on the provision of a security deposit.

13.6 The Client agrees that the Lessor may use the Client's company name and, if applicable, company logo as a reference in company brochures and/or on other advertising media such as displays at events or similar.

General Terms and Conditions Scanning Service

for the exclusive use in the business transactions of Scoobe3D GmbH, Werner-von-Siemens-Straße 6, 86159 Augsburg, Germany (hereinafter: "Service Provider"), concerning the online shop scoobe3d.com and all sub-domains belonging to the domain vis-à-vis entrepreneurs, legal entities under public law or a special fund under public law.

1 General - Scope

1.1 Our General Terms and Conditions apply to all our service offers and contracts as well as to the services resulting therefrom. Our Terms and Conditions of Delivery and Service apply exclusively; we do not recognise any terms and conditions of the customer that conflict with or deviate from our terms and conditions unless we have expressly agreed to their validity in writing. Our terms and conditions shall also apply if we perform the service to the customer without reservation in the knowledge of terms and conditions of the customer that conflict with or deviate from our terms and conditions of delivery and performance. 

1.2 Individual agreements made with the customer in individual cases (including ancillary agreements, supplements and amendments) shall in all cases take precedence over these Terms and Conditions of Delivery and Service. A written contract or our written confirmation shall be authoritative for the content of such agreements. 

1.3 Legally relevant declarations and notifications to be made by the Client to the Service Provider after conclusion of the contract must be made in writing in order to be effective. 

1.4 These General Terms and Conditions of Delivery and Service shall only apply vis-à-vis an entrepreneur, a legal entity under public law or a special fund under public law pursuant to Section 310 (1) sentence 1 BGB. 

 

2 Offer and conclusion of contract

2.1 The contractual relationship corresponds to a service contract within the meaning of § 611 ff. BGB, if the achievement of a certain result is not expressly agreed in advance. 

2.2 Unless expressly stated otherwise, our offers are subject to change and non-binding. The offer to conclude a contract on the basis of the Internet advertisements is made by the customer. After receipt of your offer, you will receive a notification e-mail confirming receipt of the offer (hereinafter referred to as "confirmation of receipt"). The Confirmation of Receipt does not constitute acceptance of the Client's offer by the Service Provider. The acceptance of the offer is made by email or by providing the service within 14 days.

2.3 We reserve the right of ownership to cost estimates, drawings and other offer documents. This applies equally to our copyright, insofar as these documents are copyrightable. They may not be made accessible to third parties. 

 

3 Scope of the obligation to perform, term of the contract

3.1 The scope of the service shall be determined by the concluded service contract or our written order confirmation. 

3.2 Our performance specifications (e.g. dimensions, utility values, tolerances and other data) as well as our representations of the same (e.g. illustrations and drawings) are only approximately authoritative, unless usability for the contractually intended purpose requires exact conformity. 

3.3 The information in accordance with the above section 3.2 is not a guaranteed quality feature, but a description or identification of the performance. Deviations that are customary in the trade and deviations that occur due to legal regulations or represent technical improvements are permissible insofar as they do not impair the usability for the contractually intended purpose and these are reasonable for the customer. 

3.4 The contract is concluded for an indefinite period of time and can be terminated with a notice period of one week to the end of the month without giving reasons. The termination must be in text form (e.g. letter or e-mail) or can (if technically provided) be carried out via the online portal. 

3.5 The right to terminate without notice for good cause remains unaffected. Good cause shall be deemed to exist in particular if

  • the customer is in arrears with an amount corresponding to two regular payments in the case of an agreed regular payment method;
  • one of the parties commits persistent or serious breaches of contract despite a warning, so that further cooperation becomes unreasonable;
  • an application is made to open insolvency proceedings against the assets of one of the parties.

 

4. obligations of the client

4.1 The Client shall provide the Service Provider with all documents necessary for the fulfilment of its obligations under this Agreement in a complete and timely manner. The same applies to the transmission of information on circumstances that may be relevant for the performance of the service.

4.2 If the customer provides data carriers and/or digital files, these must be technically flawless in terms of content. The customer must compensate us for any damage resulting from the use of these data carriers or indemnify us against all claims of third parties.

4.3 If the customer does not perform his duties to cooperate, does not perform them on time or does not perform them as agreed, he shall bear the consequences arising therefrom (delays, additional expenses, additional costs, etc.) and release us from our performance obligations.

4.4 The customer undertakes to inform us immediately of any changes to his contact details, such as name, address, telephone number and/or current e-mail address.

 

5. price and payment

5.1 In the case of contract offers via the online shop, the prices stated there shall apply.
Services are invoiced at the beginning of the month, receive a monthly invoice at the end of the month, whereby we are entitled to invoice these monthly in advance in each case.

5.2 The invoiced receivables are due within 10 days of the invoice date and are payable without deduction.  

5.3 In the event of non-compliance with the terms of payment or if it becomes known to us after conclusion of the contract that the claim for payment is jeopardised by the client's lack of ability to pay, the service provider is entitled to perform outstanding services only against advance payment or the provision of security. 

5.4 The retention of payments or the offsetting against claims of the Client that are disputed by the Service Provider, are not recognised and have not been legally established is excluded. 

5.5 The authority of the customer to assign claims and in particular claims arising from this contract to third parties or to authorise third parties to collect claims or to assert claims arising from this contract is excluded; however, this does not apply to the assignment of monetary claims. 

5.6 A promotional voucher and discount code cannot be purchased and has a specific validity period. Both can only be redeemed once as part of an order process. A voucher or discount code cannot be subsequently applied to an order and no transfer to third parties or payment is possible. Only one voucher or discount code can be used at a time, a combination of several is not possible unless otherwise agreed. 

 

6. performance period

6.1 The performance time results from our agreements with the customer. Compliance with it by us presupposes that all commercial and technical questions between the contracting parties have been clarified or that the performance of a full payment of the monthly fee has been fulfilled. If this is not the case, the performance time shall be extended appropriately. This shall not apply insofar as the service provider is responsible for the delay. 

6.2 Compliance with the performance period is subject to correct and timely delivery by our suppliers. We shall inform the customer as soon as possible of any delays that become apparent. 

6.3 The time of performance shall be deemed to have been complied with if the service has been rendered by the time of its expiry. Insofar as a statutory or contractually agreed acceptance is to take place, the acceptance date shall be decisive - except in the case of justified refusal of acceptance - or alternatively the notification of readiness for acceptance if acceptance is delayed for reasons for which the service provider is not responsible. 

6.4 If non-compliance with the delivery time is due to force majeure, sovereign measures, industrial disputes or other events beyond the control of the service provider, the performance time shall be extended accordingly. We will inform the customer of the beginning and end of such circumstances as soon as possible. This provision shall also apply if corresponding events occur at our suppliers or subcontractors. 

6.5 If the Service Provider is in default and the Client suffers damage as a result, the Client shall be entitled to demand exclusively a lump-sum compensation for default, without prejudice to further claims pursuant to Clause 5.7. This shall amount to 0.5% for each full week of delay, but in total not more than 5% of the value of that part of the total monthly service that cannot be used on time or in accordance with the contract as a result of the delay. 

 

7 Warranty and liability

7.1 Insofar as a performance outcome has been agreed between the parties, the customer shall notify us in text form of any specific defects in performance within seven days of delivery. The warranty is limited to rectification or replacement. In the event of failed rectification or replacement performance, the client shall be entitled to withdraw from the contract or to demand a reduction in price.

7.2 We shall only be liable for pecuniary loss, irrespective of the legal grounds, if we have caused the damage intentionally or through gross negligence or if the damage is based on the breach of material contractual obligations. In the event of a breach of material contractual obligations, liability in cases of simple negligence shall be limited to the damage typically associated with the contract and foreseeable. Claims for damages due to injury to life, body or health shall remain unaffected by this. The same applies to breaches of duty by vicarious agents.

7.3 Liability for interruptions of the agreed service as a result of extraordinary circumstances (force majeure, disruption of the IT system, the data network, acts of third parties, illness, etc.) as well as other damage and consequential damage caused by the provision or non-provision of the services is excluded. This applies in particular to loss of profit or other financial losses of the customer.

7.4 We do not accept any liability for damage to or destruction of the customer's property, e.g. documents, stationery, data carriers etc., neither for transport nor for storage, except in cases of intent and gross negligence. 

 

8. limitation period

8.1 All claims of the customer - on whatever legal grounds - shall become statute-barred after 12 months. The statutory periods shall apply to claims for damages in accordance with Clause 11.2. These shall also apply in the event of recourse against entrepreneurs pursuant to §§ 478, 479 BGB.

8.2 Claims for compensation for damages of any kind whatsoever exist only 

  • in the event of intentional breach of duty by the service provider, 
  • in the event of a grossly negligent breach of duty by the service provider or in the event of an intentional or grossly negligent breach of duty by one of its legal representatives or vicarious agents,
  • in the event of injury to life, limb or health resulting from a negligent breach of duty by the service provider or an intentional or negligent breach of duty by its legal representative or vicarious agent, 
  • in the event of culpable breach of essential contractual obligations, insofar as the achievement of the purpose of the contract is jeopardised, with regard to the foreseeable damage typical for the contract,
  • in cases where liability is assumed under the Product Liability Act for defects in the delivery item, for personal injury or property damage to privately used objects, 
  • in the case of defects which have been fraudulently concealed or the absence of which we have guaranteed, 
  • Any further claims for damages are excluded. 

 

9 Changes to these GTC

The provider is entitled to make changes to the service description or the general terms and conditions and other conditions. The provider shall only make these changes for valid reasons, in particular due to new technical developments, changes in case law or other equivalent reasons. If the amendment significantly disturbs the contractual balance between the parties, the amendment shall not be made. Otherwise, changes require the consent of the customer.

 

10. model protection, software

10.1 The customer may not reproduce our goods or have them reproduced and generally may not distribute reproductions.

10.2 No ownership of the programme is acquired with the delivery of software programmes, only the right of use. The programmes remain the property of Scoobe3D. The customer is not permitted to reproduce or copy the programmes in whole or in part.

10.3 Decompilation and copyright notices. The reverse translation of the licensed software into other code forms (decompilation) as well as other types of reverse engineering of the various production stages of the licensed software are prohibited. Copyright notices, serial numbers and other features serving to identify the programme may not be removed or changed under any circumstances.

 

11 Applicable law and place of jurisdiction

11.1 This contract shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

11.2 The place of performance for all deliveries and claims arising from or in connection with the contract is the service provider's principal place of business. 

11.3 If the Client is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of the Service Provider. However, we are also entitled to bring an action at the client's general place of jurisdiction. 

11.4 If any provision of this Agreement is or becomes invalid, this shall not affect the validity of the remaining provisions of this Agreement. The parties shall replace such invalid provisions with legally valid provisions which achieve the intended purpose of the invalid provisions as closely as possible.

11.5 The Lessor may transfer rights and obligations from this contract to third parties. The customer shall only be entitled to this right of transfer with the prior written consent of the Lessor. The Lessor may make the consent dependent on the provision of a security deposit.

11.6 The Client agrees that the Lessor may use the Client's company name and, if applicable, company logo as a reference in company brochures and/or on other advertising media such as displays at events or similar.

Fill out this form to receive access to the 3D models by e-mail
[keyword_i][/keyword_i]
[placement_i][/placement_i]
[keyword_i][/keyword_i]
[placement_i][/placement_i]