1 Scope of application

The following terms and conditions of sale and delivery, which you accept by placing your order, apply to the business relationship between the purchaser and Print4Taste GmbH for all orders. These terms and conditions of sale apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of section 310, paragraph 1 of the German Civil Code (BGB). Any terms and conditions of the customer that contradict or deviate from our terms and conditions of sale are hereby expressly rejected.

 

2 Conclusion of contract, contractual languages

The following regulations on the conclusion of the contract apply to orders placed via our Internet shop https://www.procusini.com.

Contractual languages are German and English, the order can be placed in German or English.

In the event of conclusion of the contract, the contract shall be concluded with

Print4Taste GmbH
Liebig Street 11
D-85354 Freising

Registration number HRB: 269887

Register court: Amtsgericht Munich

agreement.

2.1 Print4Taste GmbH's offers are non-binding and subject to change unless otherwise stated in the order confirmation. A contract between Print4Taste GmbH and the purchaser is only concluded when Print4Taste GmbH has confirmed the purchaser's order or the goods have been dispatched or if Print4Taste GmbH does not reject the customer's order immediately, at the latest within 14 days.

2.2 The delivery to be made by Print4Taste GmbH is subject to complete and timely self-delivery. If the ordered goods are no longer available and/or can only be procured with unreasonable effort, Print4Taste GmbH is entitled to withdraw from the contract. In this case, Print4Taste GmbH will immediately inform the customer of the unavailability and refund any payments received for the goods concerned. This does not affect Print4Taste GmbH's liability for intent or negligence in accordance with the liability regulations in section 9 of these General Terms and Conditions.

2.3 A right of withdrawal also exists if Print4Taste GmbH becomes aware of the objective lack of creditworthiness of the buyer after conclusion of the contract and the payment claims of Print4Taste GmbH are endangered by this. For orders in the online shop the following applies additionally:

2.4 The buyer makes a binding offer to Print4Taste GmbH when he has successfully gone through the ordering process in the online shop by entering the information requested there, in particular by taking note of and accepting the general terms and conditions, and clicks the button "Send order" to conclude. After receipt of the order Print4Taste GmbH sends the buyer an automatically generated confirmation of receipt, which does not yet represent an acceptance of the offer, but merely serves as information about the receipt of the order. A sales contract between the buyer and Print4Taste GmbH is not concluded until the goods have been shipped to the buyer or the confirmation of acceptance of the offer has been declared.

2.5 Before placing an order in the online shop, the buyer is shown a summary of the contents of his order in order to identify input errors. By calling up the general "Back" function in the Internet browser and/or by clicking on a button labelled "Change" in the order process, the Buyer can correct input errors in the order details.

3 Delivery

3.1 Unless expressly agreed otherwise, the goods will be shipped at the customer's expense by a transport company to be selected by Print4Taste GmbH to the delivery address specified by the purchaser when placing the order.

3.2 If we can foresee that the goods cannot be delivered within the delivery time stated in the order confirmation, we will inform the customer of this immediately and in writing, inform him of the reasons for this and, if possible, give him an estimated delivery time.

3.3 The customer shall only be entitled to withdraw from the contract if we are responsible for the failure to meet the delivery date and the customer has unsuccessfully granted us a reasonable grace period.

3.4 If articles are exchanged at the customer's request, the customer shall bear the shipping costs. Please note that items can only be exchanged if they are in perfect condition and still sealed. The following applies additionally to entrepreneurs:

3.5 If the customer does not accept the sold goods, Print4Taste GmbH is entitled to either insist on acceptance or to demand 10% of the purchase price as a lump-sum compensation for damages and expenses. We reserve the right to claim higher actual damages than the lump sum according to sentence 1. The customer reserves the right to prove that no damage or a lesser amount of damage has been incurred. For the duration of the delay in acceptance, the customer shall be liable for compensation of the damage incurred (e.g. storage costs, loss of value).

4 Transfer of risk

The risk shall pass to the buyer as soon as the goods are handed over to the person carrying out the transport. If the delivery is delayed for reasons for which the buyer is responsible, the risk shall pass to the buyer when he is in default of acceptance.

5 Prices, terms of payment

5.1 Unless otherwise stated in the order confirmation, our prices shall apply in accordance with the price list and shall include all price components including any applicable taxes, excluding transport costs; these shall be invoiced separately. The shipping costs are calculated in the shopping basket system on the basis of the delivery address.

5.2 Unless otherwise stated in the order confirmation, the net purchase price (without deduction) shall be due for payment immediately upon receipt of the invoice and the goods. The legal regulations concerning the consequences of default in payment apply.

5.3 If Print4Taste GmbH agrees with the buyer on advance payment, delivery will only be made after receipt of the agreed purchase price. In this case, the purchaser undertakes to pay the total amount without deduction within seven days of receipt of the request for payment at the latest. In case of unsuccessful expiry of the deadline, the customer will be in default of payment without further explanation.

5.4 Print4Taste GmbH informs the customer in the online shop in each case which
payment options are available.

5.5 The customer only has the right to offset if his counterclaims are undisputed by Print4Taste GmbH or disputed by Print4Taste GmbH but legally established or at least ready for decision.

6 Warranty

6.1 The statutory provisions apply to the buyer's claims against Print4Taste GmbH due to defects. In particular, damages caused by unsuitable or improper measures or measures contrary to the contract on the part of the buyer do not justify any claims on the part of the buyer.

6.2 Insofar as there is a defect in the purchased item, the customer shall be entitled to choose between subsequent performance in the form of rectification of the defect or delivery of a new item free of defects. In the event of rectification of the defect, we shall be obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labour and material costs, insofar as these are not increased by the fact that the purchased item has been taken to a place other than the place of performance. If the supplementary performance fails, the customer shall be entitled, at his discretion, to demand withdrawal from the contract or a reduction in the purchase price.

6.3 Warranty claims of the buyer require that the buyer inspects the goods immediately upon receipt and notifies Print4Taste GmbH of any defects without delay. Defects hidden in the delivery must be reported by the buyer immediately after their discovery, but at the latest within 6 months from receipt of the goods, with simultaneous
return of the goods complained about.
For entrepreneurs, a warranty of 12 months applies. It covers damage which the goods had from the beginning, at least to some extent.

6.4 If the customer has claims due to a defect, Print4taste GmbH is entitled, at its own discretion, to remedy the defect free of charge for the customer or to deliver defect-free goods as a replacement.

7 Retention of title

7.1 Print4Taste GmbH retains ownership of the purchased item until full payment of the remuneration from the delivery contract. In the event of behaviour contrary to the contract on the part of the customer, in particular in the event of default of payment, we are entitled to reclaim the purchased item.

8 Copyright ©, by Procusini®

All print files (G-code files) created via the Procusini® Club or made available by Print4Taste GmbH are protected by copyright. They may not be copied, reproduced or published in whole or in part without prior written permission.

9 Liability

The statutory provisions apply.

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10 Dispute resolution

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr. 

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board. 

11 Customer service

Our customer service is available for questions, complaints and claims on weekdays from 9:00 a.m. to 5:00 p.m. at

Phone: +49 8161 533240
E-mail: service@procusini.com

at your disposal.

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Status of the GTC December 2021