Terms and conditions
§ 1 Scope
(1) These General Terms and Conditions exclusively stipulate the contractual terms governing the legal relationship between you and us, the firm 3Dconnexion, save to the extent such terms are modified or supplemented by written agreement between the parties. You are entering this contractual relationship only with us, the firm 3Dconnexion. By logging on to our homepage, you acknowledge these General Terms and Conditions, as amended from time to time, to be binding and applicable for and against you.
(2) Any change to these General Terms and Conditions will be notified to you in writing, via telecopier or via e-mail. Unless you inform us of your opposition to such change within four weeks after such notice, the change shall be deemed to be recognized by you. In the event of such a change you will once more be informed of your right to oppose the change.
§ 2 Orders, Customer Data
(1) Once you have found a product you may move it into the shopping cart without obligation by clicking on the "Cart" button. Also by clicking on the "Cart" button, you may at any time inspect the contents of the shopping cart without obligation. Any products in the shopping cart may at any time be dropped again by clicking on the "Remove" button. If you wish to buy the products in the shopping cart, please click the "Next Step button. You will then be requested to enter your personal data and the payment method chosen by you, and you will be asked to acknowledge that you have read and agree to the customer information and these General Terms and Conditions. You may at any time complete your order by clicking on the "Submit Order" button, or abort the order.
(2) By clicking on the "Submit Order" button, you are placing a legally binding order in relation to the products in the shopping cart. The arrival of the order is immediately confirmed via e-mail after it has been placed, which confirmation does, however, not yet constitute our acceptance of your order. The acceptance of the order is declared by way of our order confirmation, or, alternatively, by the confirmation that the product has been shipped or by way of delivery of the products.
(3) Only persons of age are entitled to place orders. Upon our request, you are obliged to provide us with a copy of your personal identification card. You have to submit the required user data completely and truthfully; your obligation to submit true data also applies in relation to any data submitted on a voluntary basis.
You have to bear the cost of shipping the goods back to us provided the goods are delivered as ordered.
The right to withdraw the order is independent from your warranty claims (if any) if the products are defective (see § 10 Warranty).
§ 3 Data Protection
(1) We will use your data only for the purpose of processing your order. Any customer data will be stored and processed in compliance with the applicable provisions of the Data Protection Law and the Telecommunication Services Data protection Law.
(2) You are entitled to be informed of the data stored by us, and to have such data corrected, barred from use, or deleted. Please contact us at info(at)3dconnexion.com or send us your request by mail or fax.
(3) Subject to the immediately following sentence, we will not forward your personal data, including your home address and e-mail address, to any third party save with your express consent, which consent may at any time be withdrawn. We will, however, forward your data to our cooperation partners to the extent these partners (e.g. the forwarding agency or the bank used for processing your payment) need such data for processing your order, in which case the data transferred are limited to those needed for the respective task.
§ 4 Prices
The prices quoted on our web page are end prices including value added tax on the basis of the applicable German statutory rate.
§ 5 Contract
The presentation of our products shall not be construed so as to constitute a binding offer. Only the order placed by you shall be deemed to constitute a binding offer in compliance with the applicable Law. In the event of acceptance of such order we will send an order confirmation to you via E-Mail.
§ 6 Payment
Payment of the purchase price may, at your choice, be performed via credit card, debit card (we use the Secure Socket Layer encryption method for encrypting the transfer of your personal data) or via bank transfer. Payment may at your choice also be made via check or on a cash on delivery basis provided such payment methods are offered by our online ordering procedure. If the cash on delivery option is offered and elected by you, the purchase price becomes due and payable upon delivery of the products. Otherwise, the purchase price becomes due immediately upon our order confirmation.
§ 7 Vouchers
As part of certain special promotions we give our customers vouchers. These vouchers can only be redeemed through the online shop. The voucher code is requested during the ordering procedure. The voucher is only valid once. Only one voucher can be redeemed per order. The vouchers are transferable. The vouchers may be subject to further restrictions or definitions as stated in the text on the voucher. If the voucher code you use cannot or can no longer be used, you will be informed before your order is finalised. The voucher's value cannot be paid out.
§ 8 Retention of Title, Rescission upon Default
The goods purchased remain our property until your full and complete payment. If you are in default with payment for more than 10 days, we are entitled to rescind the contract and to claim back the goods delivered by us.
§ 9 Delivery
(1) The goods are delivered in accordance with the agreed delivery option. Any cost of delivery are specified in the delivery option form and will be charged extra as specified in the invoice. Please be aware that any delivery outside Germany may give rise to additional cost, customs and fees not specified by us, such cost to be borne by you.
(2) Save as stipulated in the product description, delivery will be performed within 10 work days. In the event of any delays in delivery, you will be informed no later than 5 days after we have received your order. Any delivery periods deviating from this delivery schedule shall only be binding if confirmed by us in writing.
(3) If delivery of the goods is not made or not made in accordance with the terms of the purchase contract, you have to give us a reminder with a 2 week notice for fixing the issue. In the absence of such a reminder, you are not entitled to rescind this contract.
(4) We are entitled to make partial deliveries if this is acceptable for you. Additional costs of shipment will only arise if mutually agreed upon specificially.
§ 10 Cancellation of Order
(1) You are entitled to cancel your order, without providing any explanation, by written notice (via e-mail to order_eu(at)3dconnexion.com or by sending back the goods to us at the address specified in the last sentence of this subsec. (1), unless you have entered into this contract on behalf of your business or profession. The two week period starts to run as of the later of: (a) arrival of the goods and (b) your having been provided by us, in writing, with the information required by the applicable law. For keeping the deadline it is sufficient to send the cancellation notice or the goods within the two week period.
(2) The right to withdraw the order is excluded:
- if the order relates to the delivery of goods which we have manufactured pursuant to your specifications or which were tailored to your specific requirements or which, due to their condition, are not suitable for being sent back, or which are subject to quick decay or would expire; or
- if the order relates to the delivery of audio or video recordings or software, provided the seal by which the data storage medium was sealed has been broken by you.
(3) In the event of a valid cancellation notice the mutual deliveries and payments, including any benefit taken therefrom, shall be returned. You will have to compensate us to the extent you are not able to return the goods or any part thereof, or to the extent the goods to be returned by you have deteriorated. You are under no obligation to compensate us if the deterioration results from an examination of the product such as it could also have been performed in a store only. Moreover, you can also avoid the obligation to compensate us if you do not use the products like an owner and abstain from any behaviour that reduces their value. Shipping and handling charges may apply except where prohibited by applicable law or unless otherwise expressly indicated at the time of sale.
§ 11 Warranty
(1) Subject to the immediately following sentence, our warranties are governed by statutory law. If a product is defective we will, at our choice, either supply a new product or repair the defect. If the product is not successfully repaired, or if the new product supplied is also defective, you are entitled, at your choice, to either return the product against repayment of the full purchase price or to reduce the purchase price.
(2) For any warranties of the manufacturer, please refer to the product documentation.
§ 12 Limitation of Liability
We are liable for any damage other than damage resulting from personal injury or death only to the extent such damage results from wilful misconduct or gross negligence or from the violation of an essential contractual obligation attributable to us or to any of our employees or subcontractors.
§ 13 Miscellaneous
(1) These General Terms and Conditions and any contract governed by them shall be governed by the Monegasque law n°1383 of the 02/08/2011, art. 2-4. The applicability of any provisions of the jurisidiction of your permanent residence shall remain unaffected to the extent that under such law these provisions cannot be excluded by way of mutual agreement.
(2) These General Terms and Conditions are applicable to all our web customers, with and without VAT ID. The courts of Monaco shall be the competent venue for any disputes under these General Terms and Conditions or any contracts governed by them.
Commercial Register/R.C.I.: 11S05451