Terms of Service

§ 1 Scope of application

(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via the online store between:

Company name: Map3d - Timon Lutz
Owner: Timon Lutz
Address: Schaeferwiese 12, 38239 Salzgitter, Germany
E-mail: hello@map3d.shop

(hereinafter "Seller“) and the customers (hereinafter "Customer"). The version of the GTC valid at the time the contract is concluded shall apply.

(2) The Seller does not accept deviating terms and conditions of the Customer. This shall also apply if the Seller does not expressly object to their inclusion.

(3) The GTC apply both to consumers pursuant to § 13 BGB and to entrepreneurs pursuant to § 14 BGB.

(4) The Customer is a consumer pursuant to § 13 BGB insofar as the purpose of the ordered goods cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is pursuant to 14 BGB, any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

(5) The version of the GTC valid at the time the contract is concluded shall apply.

§ 2 Conclusion of contract

(1) The presentation and advertising of goods in the online store do not constitute a binding offer to conclude a purchase contract.

(2) Customers can select goods from the range, particularly 3D maps and custom models, and collect them in a shopping cart by clicking the "Add to cart" button. By clicking on the button "Complete order" (or the respective payment button like "Pay now") Customers submit a binding request to purchase the goods in the shopping cart. Customers can change and view the data at any time before submitting the order. However, the request can only be submitted and transmitted if Customers have accepted these terms and conditions and thereby included them in its request.

(3) The Seller will then send an automatic confirmation of receipt by e-mail to the Customer, in which the order is listed again. The automatic confirmation of receipt merely documents that the Seller has received the order and does not constitute acceptance of the application. The contract is only concluded when the Seller issues the declaration of acceptance, which is sent in a separate e-mail (order confirmation or shipping confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the Seller will send the Customer the text of the contract (consisting of the order, GTC and order confirmation) on a permanent data carrier (e-mail) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.

(4) The contract is concluded in English.

§ 3 Terms of delivery

(1) The Seller is entitled to make partial deliveries insofar as this is reasonable for the Customer.

(2) Delivery times stated by the Seller are calculated from the time of order confirmation, subject to prior payment of the purchase price. If no or no deviating delivery time is specified for the respective goods in the online store, the delivery time is 14 days.

(3) If no copies of the goods the Customer has selected are available at the time of the order, the Seller will inform the Customer of this immediately by confirmation. If the goods are permanently unavailable, the Seller will refrain from issuing a declaration of acceptance. In this case, a contract will not be concluded.

(4) If the goods designated by the Customer in the order are only temporarily unavailable, the Seller will also inform the Customer of this immediately in the order confirmation.

§ 4 Prices and shipping costs

(1) All prices are final prices and include statutory VAT.

(2) The shipping costs are indicated in the prices in the online store. The price, including VAT and shipping costs, will also be displayed in the checkout overview before the Customer submits the order.

(3) If the Seller fulfills the order by making partial deliveries, the Customer will only incur shipping costs for the first partial delivery. If the partial deliveries are made at Customer’s request, the Seller will charge shipping costs for each partial delivery.

(4) If the Customer effectively revokes its contractual declaration, it can demand reimbursement of costs already paid for shipping (shipping costs) subject to the statutory requirements.

(5) If the Customer is a consumer, the Seller bears the shipping risk.

(6) In the event of a revocation of the purchase, the Customer must bear the direct costs of the return shipment.

§ 5 Terms of payment

(1) Customers can pay using the payment methods listed in the online store.

(2) Customers can change the payment method saved in its user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, Customers are already in default by missing the deadline. In this case, the Customer shall pay interest on arrears for the year at a rate of 5 percentage points above the prime rate if it has placed the order as a consumer and at a rate of 9 percentage points above the prime rate if it has placed the order as an entrepreneur.

(4) The obligation to pay default interest does not exclude the assertion of further damage caused by defaulting the Seller.

§ 6 Retention of title

The delivered goods remain the Seller’s property until the purchase price has been paid in full.

§ 7 Warranty

(1) The Seller is liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods. If the Customer is an entrepreneur, the warranty period for goods delivered by the Seller is 12 months.

(2) Any Seller's warranties for certain items or manufacturer's warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of paragraph (1). Details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the items.

§ 8 Liability

(1) Claims for damages by the Customer are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Seller shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.

(3) The restrictions of paragraphs (1) and (2) also apply in favor of the legal representatives and vicarious agents of the Seller if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs (1) and (2) shall not apply if the Seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the Seller and the Customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 Data protection

Customers can find detailed information on data protection, in particular on the scope of the processing of Customer’s data and its legal rights, in the Seller’s privacy policy at: https://map3d.shop/pages/privacy-policy

§ 10 Copyrights

The Seller holds the copyright to all images, films and texts published in the online store. Use of the images, films and texts is not permitted without the Seller’s express consent.

§ 11 Withdrawal

WITHDRAWAL POLICY

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us:

Map3d - Timon Lutz

Schaeferwiese 12

38239 Salzgitter

Germany

Email: hello@map3d.shop

of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail or an email). You may use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this refund, we will use the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.

We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the withdrawal of this contract. The deadline is met if you send the goods before the fourteen-day period expires.

You should bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.

The right of withdrawal does not apply to the following contracts:

Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or that are clearly tailored to the consumer’s personal needs.
Contracts for the delivery of goods that are liable to deteriorate rapidly or whose expiration date would be quickly exceeded.
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been broken after delivery.
Contracts for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature.
Contracts for the delivery of alcoholic beverages whose price was agreed upon at the time of conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on market fluctuations over which the business has no influence.
Contracts for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been broken after delivery.
Contracts for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts.
Contracts for the delivery of goods whose price depend on fluctuations in the financial market through which the business has no control, and which may occur within the withdrawal period.

Sample Withdrawal Form (Source: BGBl. I 2013, S. 3665)

(If you wish to withdraw from the contract, please fill out this form and return it.)

To:

Map3d - Timon Lutz

Schaeferwiese 12

38239 Salzgitter

Germany

Email: hello@map3d.shop

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for paper notifications)
Date

(*) Delete as appropriate.

§ 12 Final Provisions

(1) The Seller is not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the Customer has placed the order as a consumer and has its habitual residence in another country at the time of its order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

(3) If the Customer is a merchant and has its registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the Seller. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.

(4) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this constitutes unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.