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General Terms and Conditions (GTC)

§ 1 Seller Identification

Jens Müller
Hans-Thoma-Str. 8
69121 Heidelberg
Email: info@sensescape.io

— hereinafter referred to as „Seller“ —

§ 2 Scope

(1) These GTC apply to all contracts concluded by consumers (§ 13 BGB) via the Seller's online shop.

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

§ 3 Subject of the Contract

(1) The subject of the contract is the manufacture and delivery of architectural scale models that are individually produced according to the customer's digital design specifications submitted via the Seller's online editor.

(2) The goods are not prefabricated but are produced on the basis of the floor plans, dimensions, designs, and other specifications provided by the customer.

(3) The physical model may exhibit minor deviations from the digital 3D preview shown in the editor. This applies in particular to the representation of stairs, openings, and other structural details, as well as to slight dimensional tolerances inherent to the 3D printing process. Such deviations do not constitute a defect within the meaning of warranty law, provided they are technically unavoidable and do not impair the intended use of the model.

§ 4 Contract Formation

(1) The product presentations and configurator in the online shop do not constitute a legally binding offer but represent a non-binding invitation to the customer to submit an order (invitatio ad offerendum).

(2) By clicking the "Place order with obligation to pay" button, the customer submits a binding offer to conclude a purchase contract.

(3) The Seller will send an automated acknowledgement of receipt by email immediately after the order is placed. This acknowledgement of receipt, together with the invoice attached to it, does not constitute acceptance of the offer; it serves solely to confirm receipt of the order and to facilitate payment. The contract is concluded only when the Seller, after receipt of payment, commences production and notifies the customer accordingly by email.

(4) The Seller reserves the right to decline an order if the technical implementation of the customer's design is not feasible using the Seller's 3D printing methods, or if adequate print quality cannot be achieved due to excessive geometric complexity. In such cases, the customer will be notified promptly by email and any payments already made will be refunded in full within 14 days.

§ 5 Prices and Payment

(1) All prices are inclusive of the applicable statutory value-added tax (VAT).

(2) Shipping costs are indicated separately during the ordering process and are included in the total amount displayed before the order is placed.

(3) The following payment methods are accepted:

(4) If payment by bank transfer is not received within 14 days of the order confirmation, the Seller reserves the right to withdraw from the contract.

§ 6 Production and Delivery

(1) Production begins only after receipt of payment and final confirmation of all design specifications.

(2) The delivery time is at most 60 calendar days from the start of production, unless a different delivery date has been expressly agreed in writing. The Seller will notify the customer of any expected delays as early as possible.

(3) Delivery is made exclusively within Germany.

(4) The risk of accidental loss or deterioration of the goods passes to the customer only upon physical handover of the goods to the customer.

(5) Partial deliveries are permitted, provided they are reasonable for the customer and do not result in additional costs for the customer.

§ 7 Right of Withdrawal

(1) Consumers generally have a statutory right of withdrawal when concluding distance contracts.

(2) However, pursuant to § 312g(2)(1) BGB, the right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive, or that are clearly tailored to the personal needs of the consumer.

(3) All products offered by the Seller are manufactured exclusively to order based on the individual digital design submitted by the customer. There is therefore no right of withdrawal for orders placed through this shop.

(4) The customer will be expressly informed of this exclusion before completing the order.

(5) The statutory right of withdrawal remains unaffected in any case where the legal conditions for its exclusion are not met in a specific instance. The exclusion of the right of withdrawal does not affect the customer's statutory warranty rights.

§ 8 Warranty

(1) The statutory warranty rights apply. The limitation period for warranty claims is two years from delivery of the goods.

(2) In the event of a defect, the customer is initially entitled to subsequent performance — at the Seller's choice, either repair or replacement delivery.

(3) If subsequent performance fails, is refused, or is unreasonable for the customer, the customer may reduce the purchase price or withdraw from the contract in accordance with statutory provisions.

(4) Minor deviations from the digital 3D preview that are technically unavoidable in the 3D printing process (see § 3(3)) do not constitute a defect within the meaning of warranty law.

§ 9 Liability

(1) The Seller is fully and unlimitedly liable for damages arising from injury to life, body, or health, as well as for intentional or grossly negligent conduct, and for liability under the Product Liability Act.

(2) In cases of slight negligence, the Seller is only liable for breach of essential contractual obligations (cardinal obligations), i.e. obligations whose fulfilment is essential to achieve the purpose of the contract and on whose observance the customer regularly relies. In such cases, liability is limited to compensation for the foreseeable, typically occurring damage.

(3) Any further liability of the Seller for slight negligence is excluded.

§ 10 Retention of Title

The delivered goods remain the property of the Seller until full payment of the purchase price has been received.

§ 11 Dispute Resolution

The European Commission provides an online dispute resolution (ODR) platform for consumers: https://ec.europa.eu/consumers/odr.

The Seller is not obligated to participate in dispute resolution proceedings before a consumer arbitration board and does not generally do so. However, the Seller is always willing to seek an amicable resolution in the event of a complaint.

§ 12 Applicable Law

German law applies to all contracts concluded under these GTC, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers habitually resident in another EU member state, the mandatory consumer protection provisions of that state remain unaffected by this choice of law.