General Terms And Conditions

1. Scope

The following General Terms and Conditions apply to all orders placed through our online shop as well as to orders placed by email or via e-procurement systems by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting Party, Conclusion of Contract, Correction Options

The purchase contract is concluded with IGO3D GmbH.

2.1 Conclusion of Contract in the Webshop

The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose during the ordering process. By clicking the order button, you submit a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order is sent by email immediately after submission of the order and does not yet constitute acceptance of the offer.

We accept your offer no later than within two days by sending you a declaration of acceptance (order confirmation) in a separate email, or by dispatching the goods or making them available for collection (e.g. dispatch confirmation), or, where applicable, by having the payment transaction carried out by our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the selected payment method (see “Payment”). The decisive factor is which of the aforementioned events occurs first.

2.2 Conclusion of Contract for Orders by Email or E-Procurement

For orders placed by email or via e-procurement systems, your order constitutes a binding offer to conclude a purchase contract. We accept this offer no later than within two days by sending you an order confirmation in text form (e.g. by email), or by dispatching the goods or making them available for collection. If we do not accept your offer within this period, it shall be deemed rejected; statutory claims remain unaffected.

Corrections to information (e.g. billing or delivery address) are possible for email or e-procurement orders until acceptance by notifying us of the correction in text form. After acceptance, any change shall be governed by the statutory provisions and the provisions of these General Terms and Conditions.

3. Ordering Options, Contract Language, Storage of the Contract Text

3.1 Ordering Options

3.1.1 Webshop

The easiest and preferred ordering option is to place an order through our webshop at igo3d.com using the shopping cart. Orders placed through the webshop are processed with priority.

3.1.2 Orders by Email

Orders may also be placed by email at sales@igo3d.com. Please use this email address exclusively for email orders. Email orders are processed manually and may result in delays.

3.1.3 Processing Fee for Small Orders by Email

For orders placed by email, a processing fee is charged if the value of the goods is less than EUR 100.00.

The following applies to entrepreneurs: The net value of the goods is decisive. If the net value of the goods is less than EUR 100.00, we charge a processing fee of EUR 7.50 plus statutory value-added tax.

The following applies to consumers: The value of the goods including statutory value-added tax is decisive. If the value of the goods is less than the amount corresponding to EUR 100.00 net plus the statutory value-added tax applicable at the time, we charge a processing fee of EUR 7.50 including statutory value-added tax.

The processing fee is invoiced together with the order value. Orders placed through our webshop can be submitted without this additional processing fee.

3.1.4 E-Procurement Integration

For customers with an e-procurement integration, orders may also be placed, subject to a separate agreement, via systems such as SAP Ariba, Coupa, Onventis, JAGGAER, SupplyOn or Candex, provided this is technically and organisationally possible.

3.2 Contract Language, Storage of the Contract Text

The languages available for the conclusion of the contract are German and English.

We store the contract text. We will send you the order data, the applicable General Terms and Conditions and, where applicable, further mandatory information in text form (e.g. by email). For security reasons, the contract text is not accessible indefinitely via the internet.

4. Subject Matter of the Contract

4.1 Product Description

Please note that the respective product description forms an essential part of the contract.

4.2 Product Images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. Please contact us in case of uncertainty:

Due to individual screen configurations (e.g. resolution and brightness), slight differences between the displayed and actual product colours are possible.

For wooden products, natural variations in the grain, structure and colour of the wood are possible.

4.3 Right of Use

Any sketches, designs, preliminary products, etc. created by us for the fulfilment of the order are legally protected. We grant you a simple, non-exclusive right to use them for the purpose of fulfilling the order to the contractually agreed extent.

5. Requirements and Handling of Customer Content

5.1 Requirements

If fulfilment of the order requires you to provide us with content (e.g. texts, data, files), the available technical options and any applicable requirements shall be governed by the respective product description.

You are solely responsible for the content, including the legality and accuracy of the content you provide. We do not carry out any substantive or editorial review before executing the order.

5.2 Compliance with Applicable Law

The content and the products to be created from it must always comply with the applicable legal provisions. In particular, they must not infringe any third-party rights and claims (especially copyrights, trademarks or other intellectual property rights), nor may they contain or serve purposes involving content that glorifies violence, is discriminatory, racist, xenophobic, otherwise immoral or hostile to the constitution.

5.3 Indemnification

You shall indemnify us against third-party claims that may be asserted in connection with an infringement of their rights through our contractual use. In this connection, you shall also bear the necessary costs of legal defence, including all court and legal fees at the statutory rate. The indemnification shall not apply insofar as you are not responsible for the infringement. In the event of a claim by a third party, you are obliged to provide us immediately, truthfully and completely with all information necessary to examine the claims and prepare a defence.

5.4 Reservation of the Right to Withdraw

We reserve the right to reject the order or withdraw from the contract if the content provided by you for this purpose violates statutory or official prohibitions or public morals, or if there is a justified suspicion thereof. This applies in particular to the provision of content that is hostile to the constitution, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.

6. Assembly

The provision of assembly services requires an express agreement.

6.1  Selection of the Service Provider

At our discretion, we shall provide the service either ourselves or through qualified personnel selected by us. We expressly reserve the right to have the service performed by third parties (subcontractors) acting on our behalf.

You shall only be entitled to select a specific person to provide the service if and to the extent that this is expressly stated in the applicable service description.

If and to the extent that third parties are used to provide the service, we remain fully responsible for the performance of the contractual obligations.

Before using third parties, we will assess their reliability, suitability in terms of professional training, experience and/or ability to perform the service in accordance with the contract, and oblige them accordingly.

6.2 Access to the Assembly Location

The product will be delivered to the assembly location. You are obliged to grant the persons commissioned with the assembly access to the assembly location.

7. Delivery Conditions

7.1 Delivery Area

We deliver to Germany and to other European countries insofar as they can be selected during the ordering process. We do not deliver to the following areas: Germany Heligoland postal code 27498; Germany Büsingen am Hochrhein postal code 78266; Spain Canary Islands postal codes 35xxx and 38xxx; Spain Ceuta postal codes 51001 to 51005; Spain Melilla postal codes 52001 to 52006; France Guadeloupe postal codes 971xx; France Martinique postal codes 972xx; France French Guiana postal codes 973xx; France Réunion postal codes 974xx; France Mayotte postal codes 976xx; Italy Livigno postal code 23041; Italy Campione d’Italia postal code 22061; Italy Italian waters of Lake Lugano; Greece Mount Athos postal code 63086; Finland Åland Islands postal codes 22xxx; Austria Jungholz; Austria Mittelberg; Denmark Greenland; Denmark Faroe Islands.

7.2 Shipping Costs

The shipping costs are displayed during the ordering process.

The following applies to standard shipping within Europe: For orders with a value of EUR 99 or more including value-added tax, delivery is free of shipping charges; below this order value, shipping costs apply, the amount of which is shown during the ordering process.

An additional charge of EUR 50 applies to express shipping. Further provisions regarding express shipping can be found in the offers or during the ordering process.

7.3 Delivery Options

We ship the products to the delivery address specified during the ordering process.

As a general rule, you may collect your order from IGO3D GmbH, Wohlenbergstr. 5, 30179 Hannover, Germany, Monday to Friday from 07:00 to 13:00, by prior appointment.

7.4 Delivery by Freight Forwarder

Appointment Scheduling

For deliveries by freight forwarder, the forwarding company commissioned by us will contact you to arrange a delivery date.

Place of Delivery

Delivery of the goods is limited to transporting and unloading the goods at the first public kerb at the agreed delivery address. Delivery does not include delivery into specific premises or the assembly and/or installation of the ordered goods unless expressly agreed otherwise.

Required Local Conditions

Delivery by freight forwarder is only possible if the delivery address can be reached via public roads by motor vehicles with a permissible total mass of 40 tonnes and a minimum road width of 2.5 metres, without further official or civil-law restrictions.

The product must be capable of being transported to the agreed place of delivery by two persons (in particular with regard to any doors, stairs, stairwells, etc.). Information on the packaging dimensions can be found in the offers.

If one of the above requirements is not met or you have any doubts in this regard, please contact us by telephone before placing the order.

8. Payment

8.1  Prices

The prices stated at the time of the order apply. These are total prices and include statutory value-added tax. Any additional shipping costs and any agreed processing fees (e.g. pursuant to section 3.1.3 or 8.4) are shown during the ordering process or in the order confirmation.

8.2 Due Date and Default in Payment

The price is due upon conclusion of the contract unless a later date results from the following payment terms.

The following applies to consumers:In the event of default, the statutory provisions apply. We reserve the right to charge you an appropriate flat-rate fee for sending a postal reminder insofar as and provided that we actually incur additional costs as a result. You remain entitled to prove that a lower loss was incurred. Further claims remain unaffected.

The following applies to entrepreneurs: In the event of default in payment, we reserve the right to charge you statutory default interest at a rate of nine percentage points above the base interest rate as well as a flat fee of EUR 40. Further claims remain unaffected.

8.3 Payment Methods

The following payment methods are generally available in our shop.

Advance Payment
If you select advance payment, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.

Cash Payment upon Collection
You pay the invoice amount in cash upon collection.

Credit Card
You enter your credit card details during the ordering process. Your card will be charged immediately after the order is placed.

SEPA Direct Debit
By placing the order, you grant us a SEPA direct debit mandate. We will inform you of the date on which your account will be debited at least one banking business day in advance (so-called prenotification). A banking business day is any working day except Saturdays, nationwide statutory public holidays, and 24 and 31 December of each year. The account will be debited before the goods are dispatched.

Amazon Pay
In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A., 38 avenue J.F. Kennedy, L-1855 Luxembourg (“Amazon”), you must be registered with Amazon, authenticate yourself using your access data and confirm the payment instruction. The payment transaction is carried out by Amazon Pay within one banking business day after the order is placed.

Amazon Pay may offer registered Amazon Pay customers selected according to its own criteria additional payment arrangements in their customer account. However, we have no influence over the offering of these arrangements; any additional individually offered payment arrangements concern your legal relationship with Amazon Pay. Further information can be found in your Amazon Pay account.

Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, have activated the Apple Pay function, authenticate yourself using your access data and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. Further information is provided during the ordering process.

Google Pay
In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have activated the Google Pay function, authenticate yourself using your access data and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. Further information is provided during the ordering process.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer you the following payment options. Unless otherwise provided below, payment via Klarna requires a successful address and creditworthiness check and is made directly to Klarna. Further information is provided with the respective payment option and during the ordering process.

Purchase on Account via Klarna
The invoice amount is due 30 days after dispatch of the goods and receipt of the invoice. Payment on account may only be used by consumers.

Klarna may offer registered Klarna customers selected according to its own criteria additional payment arrangements in their customer account. However, we have no influence over the offering of these arrangements; any additional individually offered payment arrangements concern your legal relationship with Klarna. Further information can be found in your Klarna account.

Credit Card via Klarna
You enter your credit card details during the ordering process. Klarna will charge your card immediately after the order is placed. No address or creditworthiness check is carried out.

Direct Debit via Klarna
You grant Klarna a SEPA direct debit mandate. Klarna will inform you of the date on which your account will be debited (so-called prenotification). The account will be debited after the goods are dispatched.

Instalment Purchase via Klarna
You can pay the invoice amount in up to 36 monthly instalments. A down payment may be required for some orders. The due dates are governed by Klarna’s payment schedule. The Klarna instalment purchase payment method may only be used by consumers.

Klarna may offer registered Klarna customers selected according to its own criteria additional payment arrangements in their customer account (e.g. interest-free instalment plans). However, we have no influence over the offering of these arrangements; any additional individually offered payment arrangements concern your legal relationship with Klarna. Further information can be found in your Klarna account

Sofort/Instant Bank Transfer via Klarna
In order to pay the invoice amount by Sofort/instant bank transfer via Klarna, you must have a Klarna account and a bank account enabled for online banking, authenticate yourself accordingly and confirm the payment instruction. Klarna does not carry out a creditworthiness check for payment by instant bank transfer. Your account will be debited immediately after the order is placed. Further information is provided during the ordering process.

PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself using your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. Further information is provided during the ordering process.

PayPal may offer registered PayPal customers selected according to its own criteria additional payment arrangements in their customer account. However, we have no influence over the offering of these arrangements; any additional individually offered payment arrangements concern your legal relationship with PayPal. Further information can be found in your PayPal account.

PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), we offer you the following payment options as PayPal Services. Unless otherwise provided below, payment via PayPal does not require registration with PayPal. Further information is provided with the respective payment option and during the ordering process.

PayPal, PayPal Express
In order to pay the invoice amount using the PayPal payment option, you must be registered with PayPal, authenticate yourself using your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed.

PayPal may offer registered PayPal customers selected according to its own criteria additional payment arrangements in their customer account. However, we have no influence over the offering of these arrangements; any additional individually offered payment arrangements concern your legal relationship with PayPal. Further information can be found in your PayPal account.

Credit Card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.

Direct Debit via PayPal
Payment by direct debit via PayPal requires an address and creditworthiness check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you of the date on which your account will be debited (so-called prenotification). The account will be debited before the goods are dispatched.

Purchase on Account via PayPal
Purchase on account via PayPal requires an address and creditworthiness check and is made directly to PayPal.

Purchase on Account via PayPal and Ratepay
Purchase on account via PayPal requires an address and creditworthiness check and is made directly to Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin (“Ratepay”).

Invoice
The invoice amount is due by bank transfer to the bank account specified in the invoice within 7 days after receipt of the invoice and the goods. We reserve the right to offer purchase on account only following a successful creditworthiness check.

Billie Purchase on Account
Purchase on account for business customers via Billie We offer business customers the option of paying the invoice amount by bank transfer only after receipt of the goods and the invoice (“purchase on account”). In order to provide you with this offer, we cooperate with the financial service provider Billie GmbH. Following a successful address and creditworthiness check during the ordering process and submission of the order, we assign our claim to Billie GmbH. Please transfer the invoice amount within the payment period specified on the invoice to the account stated on the invoice. The privacy policy of Billie GmbH can be found here: https://www.billie.io/datenschutz/kar/. It applies in addition to our privacy policy and our General Terms and Conditions. Billie GmbH, Am Postbahnhof 15, 10243 Berlin, registered in the Commercial Register of Berlin Charlottenburg under HRB 182428 B, VAT ID: DE310295470, authorised representatives: Dr Matthias Knecht, Dr Christian Grobe, Aiga Senftleben

8.4 Processing Fee for Invoice Corrections

If an invoice subsequently has to be corrected or reissued at the customer’s request even though the required information (in particular the billing address and delivery address) was provided incorrectly or incompletely by the customer in connection with the shop order, email order or e-procurement order, and the correction is not attributable to us, we shall charge entrepreneurs a processing fee.

The processing fee amounts to EUR 50.00 plus statutory value-added tax. It will be invoiced together with the corrected invoice or in a separate invoice.

No processing fee is charged if the invoice correction is based on an error attributable to us.

Consumers are not charged a processing fee for invoice corrections pursuant to this section.

9. Right of Withdrawal

Consumers have the statutory right of withdrawal as described in the withdrawal instructions. Entrepreneurs are not granted a voluntary right of withdrawal.

10. Retention of Title

The product remains our property until payment has been made in full.
The following also applies to entrepreneurs: We retain title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale, irrespective of whether the goods subject to retention of title are combined or mixed with a new item, in the amount of the invoice, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you fail to meet your payment obligations. At your request, we will release the securities to which we are entitled insofar as the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.

11. Transport Damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us without delay. Failure to make a complaint or contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurer.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

12. Data Backup

You are responsible for properly and regularly backing up your data. We shall not be liable for damage arising from the loss of data insofar as you could have avoided the loss of data through regular and complete data backups.

The above limitation does not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health
• in the event of an intentional or grossly negligent breach of duty or fraudulent intent
• in the event of a breach of essential contractual obligations whose fulfilment is necessary for the proper performance of the contract and on whose compliance the contracting party may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, where agreed, or
• insofar as the scope of application of the German Product Liability Act is opened.

13. Warranty and Guarantees

13.1 Statutory Liability for Defects

Unless expressly agreed otherwise, the statutory liability for defects applies.

The following limitations and shortened limitation periods do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health
• in the event of an intentional or grossly negligent breach of duty or fraudulent intent
• in the event of a breach of essential contractual obligations whose fulfilment is necessary for the proper performance of the contract and on whose compliance the contracting party may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, where agreed, or
• insofar as the scope of application of the German Product Liability Act is opened.

Limitations vis-à-vis Entrepreneurs

Vis-à-vis entrepreneurs, only our own information and the manufacturer’s product descriptions incorporated into the contract shall be deemed agreements regarding the quality of the goods; we accept no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The preceding sentence does not apply to an item that has been used for a building in accordance with its customary use and has caused the building to be defective. Used goods are sold with any warranty excluded.

The statutory limitation periods for the right of recourse pursuant to § 445a BGB remain unaffected.

Notice to Merchants

Among merchants, the duty to inspect and give notice of defects governed by § 377 HGB applies. If you fail to give the notice stipulated therein, the goods shall be deemed approved unless the defect was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.

Information for Consumers

We would like to inform you that, when selling used goods to consumers, we may shorten the limitation period regarding warranty rights for defects to one year from delivery of the goods, provided that we specifically inform you thereof and this is expressly and separately agreed.

13.2 Guarantees and Customer Service

Information on any applicable additional guarantees and their exact terms can be found with the respective product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and objections on working days from 9:00 to 16:00 at the email address service@igo3d.com

14. Liability

We shall always be liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health,
• in the event of an intentional or grossly negligent breach of duty,
• in the event of guarantee promises, where agreed, or
• insofar as the scope of application of the German Product Liability Act is opened.

In the event of a breach of essential contractual obligations whose fulfilment is necessary for the proper performance of the contract and on whose compliance the contracting party may regularly rely (cardinal obligations), caused by slight negligence on our part or on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time the contract was concluded and whose occurrence must typically be expected.
Otherwise, claims for damages are excluded.

15. Agreement on the Use of Trusted Shops Buyer Protection

You can secure orders placed with us free of charge up to an order value of EUR 100 through the buyer protection provided by Trusted Shops SE. In addition, Trusted Shops, together with a guarantor, offers paid protection. The Trusted Shops Buyer Protection Terms and Conditions apply, which you can find here . Buyer protection is concluded by clicking the correspondingly labelled button on the so-called Trustcard, which appears as a pop-up on the order thank-you page after an order has been completed. If you are already registered for buyer protection, your order will be automatically protected (automatic buyer protection) without you having to click the button. In order to offer you (automatic) buyer protection, the Trustcard must access order data stored in your browser’s temporary memory. For this purpose, a hash value of your email address, the order number and the order total are transmitted to Trusted Shops. If you are already registered for buyer protection, your order will be automatically protected. If you are not yet registered for buyer protection, you can register via the Trustcard as described above. Information on data protection at Trusted Shops is attached to the Buyer Protection Terms and Conditions linked above.

16. Dispute Resolution

For the resolution of disputes arising from a contractual relationship with a consumer, or regarding whether such a contractual relationship exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The competent body is the Universalschlichtungsstelle des Bundes at the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, https://www.universalschlichtungsstelle.de/. We will participate in dispute resolution proceedings before this body.

17. Final Provisions

If you are an entrepreneur, German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, our registered office shall be the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you.