§ 1 Scope of application, form

These General Terms and Conditions (GTC) apply to all business relationships between us, AM Pioneers GmbH, and our customers. These GTC shall only apply if the customer is an entrepreneur (Section 14 of the German Civil Code (BGB)), a legal entity under public law or a special fund under public law.

(1) The GTC apply in particular to contracts for the sale and/or delivery of movable goods (“Goods”), irrespective of whether we manufacture the Goods ourselves or purchase them from suppliers (Sections 433, 651 BGB). Unless otherwise agreed, the GTC in the version valid at the time of the customer’s order or in any case in the version last communicated to him in text form shall also apply as a framework agreement for similar future contracts, without us having to refer to them again in each individual case.

(2) You can view the currently valid General Terms and Conditions on the website: https://am-pioneers.com/allgemeine-geschaeftsbedingungen-geschaeftskunden/ free of charge, save and print them out.

(3) These GTC shall apply exclusively. We do not recognize any terms and conditions of the customer that deviate from, contradict or deviate from our GTC unless we have agreed to their validity in writing. This requirement of consent shall apply in any case, for example even if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.

(4 ) Individual agreements made with the customer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these GTC. Subject to proof to the contrary, a written contract or written confirmation from us shall be decisive for the content of such agreements.

(5) Legally relevant declarations and notifications by the customer in relation to the contract (e.g. setting a deadline, notification of defects, withdrawal or reduction) must be made in writing, i.e. in written or text form (e.g. letter, e-mail). Statutory formal requirements and further evidence, in particular in the event of doubts about the legitimacy of the declaring party, remain unaffected.

(6) References to the validity of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these GTC.

(7) Due to our data protection information obligations, we refer to our data protection declaration, which can be viewed and printed out under data protection.

§ 2 Conclusion of contract

(1) Our online offers are subject to change and non-binding. This also applies if we have provided the customer with catalogs, technical documentation (e.g. calculations, calculations), other product descriptions or documents – also in electronic form – to which we reserve ownership rights and copyrights.

(2) The customer can select products, in particular 3D printers, 3D printing material and accessories, from our online product range and submit a binding application to purchase the goods in the shopping cart by selecting one of the payment methods offered by us (“PayPal, direct debit, credit card and purchase on account”). Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the button “I have read the General Terms and Conditions and agree to them without reservation” and has thereby included them in his application.

(3) We will then send the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that we have received the customer’s order and does not constitute acceptance of the application. The contract is only concluded when we issue a declaration of acceptance, which is issued in a separate e-mail (order confirmation) or when the goods are dispatched. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, we will send the contract text (consisting of the order, GTC and order confirmation) to the customer on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.

(4) The contract shall be concluded in German.

§ 3 Delivery, availability of goods

(1) Delivery times stated by us are calculated from the time of the order confirmation or a corresponding notification issued by us as binding, subject to prior payment of the purchase price (except in the case of purchase on account).

(2 ) If no copies of the product selected by the customer are available at the time of the customer’s order, we shall inform the customer of this immediately. If the product is permanently unavailable, we shall refrain from issuing a declaration of acceptance. In this case, a contract shall not be concluded.

(3 ) If the product designated by the customer in the order is only temporarily unavailable, we shall also inform the customer of this immediately.

§ 4 Delay in delivery

(1) If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the service), agreed delivery deadlines may be extended. We shall inform the customer of this immediately and at the same time inform the customer of the expected new delivery period. If the service is also not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part; we shall then immediately reimburse any consideration already provided by the customer. A case of non-availability of the service in this sense is in particular the non-timely self-delivery by our supplier if we have concluded a congruent hedging transaction, neither we nor our supplier are at fault or we are not obliged to procure in individual cases. Other cases of non-availability of the service include all forms of force majeure (in particular pandemics), labor disputes and operational disruptions for which we are not responsible.

(2 ) The occurrence of our delay in delivery shall be determined in accordance with the statutory provisions. In any case, however, a reminder from the customer is required. If we are in default of delivery, the customer may demand lump-sum compensation for the damage caused by the delay. The lump-sum compensation shall amount to 0.5% of the net price (delivery value) for each completed calendar week of delay, up to a maximum of 5% of the delivery value of the goods delivered late. We reserve the right to prove that the customer has suffered no damage at all or only significantly less damage than the above lump sum. Further claims remain unaffected.

(3 ) The rights of the customer pursuant to § 9 of these GTC and our statutory rights, in particular in the event of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of performance and/or subsequent performance), shall remain unaffected.

§ 5 Delivery, transfer of risk, acceptance, default of acceptance

(1) The goods shall be delivered by shipment to the shipping address specified by the customer. Delivery shall be ex warehouse or ex works from our location in Esslingen, which is also the place of performance for the delivery and any subsequent performance. The customer shall bear the shipping costs. Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves.

(2) The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover. In the case of sale by dispatch, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall already pass upon delivery of the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If acceptance has been agreed, this shall be decisive for the transfer of risk. The statutory provisions of the law on contracts for work and services shall also apply accordingly to any agreed acceptance. If the customer is in default of acceptance, this shall be deemed equivalent to handover or acceptance.

(3 ) If the customer is in default of acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the customer is responsible, we shall be entitled to demand compensation for the resulting damage including additional expenses (e.g. storage costs). For this we charge a flat-rate compensation of 0.5% of the net price per calendar week, beginning with the delivery deadline or – in the absence of a delivery deadline – with the notification that the goods are ready for dispatch. Proof of higher damages and our statutory claims (in particular reimbursement of additional expenses, reasonable compensation, termination) shall remain unaffected; however, the lump sum shall be offset against further monetary claims. The customer shall be entitled to prove that we have incurred no damage at all or only significantly less damage than the above lump sum.

§ 6 Prices and terms of payment

(1) Unless otherwise agreed in individual cases, our current prices at the time of conclusion of the contract shall apply, ex warehouse or ex works, plus statutory VAT.

We reserve the right to change our prices accordingly if cost increases occur after conclusion of the contract. We are obliged to proceed in the same way in the event of cost reductions. We shall provide evidence of both cost reductions and cost increases to the customer upon request as soon as and insofar as they have occurred.

(2) Payment shall be made as an option:

via PayPal

by direct debit

by credit card

by invoice

(3) In the case of sale to destination, the customer shall bear the transportation costs ex warehouse and the costs of any transportation insurance requested by the customer. Any customs duties, fees, taxes and other public charges shall be borne by the customer.

(4) The purchase price is due for payment upon receipt of the invoice by the customer. However, we are entitled at any time, even within the framework of an ongoing business relationship, to make a delivery in whole or in part only against advance payment. We shall declare a corresponding reservation at the latest with the order confirmation.

(5) All payments may only be made using one of the methods described in § 6 (2). We do not accept checks or bills of exchange.

(6) Upon expiry of the above payment deadline, the customer shall be in default. During the period of default, interest shall be charged on the purchase price at the applicable statutory default interest rate. We reserve the right to claim further damages caused by default. Our claim to commercial maturity interest (§ 353 HGB) against merchants remains unaffected.

(7) The customer shall only be entitled to rights of set-off or retention insofar as his claim has been legally established or is undisputed. In the event of defects in the delivery, the customer’s counter-rights shall remain unaffected, in particular pursuant to § 8 para. 6 sentence 2 of these GTC.

(8) If, after conclusion of the contract, we become aware of circumstances that are likely to give rise to justified doubts about the customer’s creditworthiness (dishonor of a check or bill of exchange, individual enforcement, filing for insolvency), we shall be entitled to refuse performance in accordance with the statutory provisions and – if necessary after setting a deadline – to withdraw from the contract (§ 321 BGB).the statutory provisions on the dispensability of setting a deadline remain unaffected.

§ 7 Retention of title

(1 ) We reserve title to the goods sold until full payment of all our present and future claims arising from the purchase contract and an ongoing business relationship (secured claims).

(2) The customer is obliged to treat the goods delivered by us with care; in particular, he is obliged to insure them adequately at his own expense against fire, water damage and theft at replacement value.

(3) If the third party is not in a position to reimburse us for the judicial and extrajudicial costs of enforcing the revocation of the seizure and the replacement of the object of purchase, the customer shall be liable for the loss incurred by us.

(4 ) The goods subject to retention of title may neither be pledged to third parties nor assigned as security before full payment of the secured claims. The customer must inform us immediately in writing if an application is made to open insolvency proceedings or if third parties have access to the goods belonging to us (e.g. seizures).

(5) If the third party is not in a position to reimburse us for the judicial and extrajudicial costs of enforcing the revocation of the seizure and the replacement of the object of purchase, the customer shall be liable for the loss incurred by us.

(7) If the customer acts in breach of contract, in particular in the event of non-payment of the purchase price due, we shall be entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the return of the goods on the basis of the retention of title. The demand for return does not at the same time include a declaration of withdrawal; rather, we are entitled to demand only the return of the goods and reserve the right to withdraw from the contract. If the customer does not pay the purchase price due, we may only assert these rights if we have previously set the customer a reasonable deadline for payment without success or if setting such a deadline is dispensable according to the statutory provisions.

(8) Until revoked in accordance with (c) below, the customer is authorized to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions shall apply in addition.

(a) The retention of title shall extend to the full value of the products resulting from the processing, mixing or combining of our goods, whereby we shall be deemed to be the manufacturer. If, in the event of processing, mixing or combining with goods of third parties, their right of ownership remains, we shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. In all other respects, the same shall apply to the resulting product as to the goods delivered under retention of title.

(b) The customer hereby assigns to us as security any claims against third parties arising from the resale of the goods or the product in total or in the amount of our possible co-ownership share in accordance with the above paragraph. We accept the assignment. The obligations of the customer mentioned in paragraph 2 shall also apply with regard to the assigned claims.

(c) The customer shall remain authorized to collect the claim in addition to us. We undertake not to collect the claim as long as the customer meets his payment obligations to us, there is no deficiency in his ability to pay and we do not assert the retention of title by exercising a right in accordance with paragraph 7. If this is the case, however, we can demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment. In this case, we shall also be entitled to revoke the customer’s authorization to resell and process the goods subject to retention of title.

(d) If the realizable value of the securities exceeds our claims by more than 10%, we shall release securities of our choice at the customer’s request.

§ 8 Claims for defects by the customer

(1 ) The statutory provisions shall apply to the customer’s rights in the event of material defects and defects of title (including incorrect and short delivery as well as improper assembly or defective assembly instructions), unless otherwise specified below. In all cases, the special statutory provisions for final delivery of the goods to a consumer (supplier recourse pursuant to §§ 478, 479 BGB) shall remain unaffected.

(2 ) The basis of our liability for defects is above all the agreement reached on the quality of the goods. All product descriptions which are the subject of the individual contract or which have been made public by us (in particular in catalogs or on our Internet homepage) shall be deemed to be an agreement on the quality of the goods.

(3) Insofar as the quality has not been agreed, it shall be assessed in accordance with the statutory provisions whether a defect exists or not (Section 434 (1) sentences 2 and 3 BGB). However, we accept no liability for public statements made by the manufacturer or other third parties (e.g. advertising statements).

(4) The customer’s claims for defects presuppose that he has complied with his statutory inspection and complaint obligations (§§ 377, 381 HGB). If a defect becomes apparent upon delivery, inspection or at any later point in time, we must be notified of this in writing without delay. In any case, obvious defects must be reported in writing within 10 working days of delivery and defects not recognizable during the inspection within the same period from discovery. If the customer fails to carry out the proper inspection and/or report defects, our liability for the defect not reported or not reported in good time or not reported properly shall be excluded in accordance with the statutory provisions.

(5) If the delivered item is defective, we may initially choose whether to provide subsequent performance by remedying the defect (subsequent improvement) or by delivering a defect-free item (replacement delivery). Our right to refuse subsequent performance under the statutory conditions remains unaffected.

(6) We are entitled to make the subsequent performance owed dependent on the customer paying the purchase price due. However, the customer shall be entitled to retain a reasonable part of the purchase price in proportion to the defect.

(7) The customer must give us the time and opportunity required for the subsequent performance owed, in particular to hand over the rejected goods for inspection purposes. In the event of a replacement delivery, the customer must return the defective item to us in accordance with the statutory provisions. Subsequent performance shall not include the removal of the defective item or its reinstallation if we were not originally obliged to install it.

(8 ) We shall bear the expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labor and material costs (not: removal and installation costs), if a defect actually exists. Otherwise, we may demand reimbursement from the customer for the costs arising from the unjustified request to remedy the defect (in particular inspection and transport costs), unless the lack of defectiveness was not recognizable to the customer.

(9) In urgent cases, e.g. if operational safety is at risk or to prevent disproportionate damage, the customer has the right to remedy the defect himself and to demand compensation from us for the expenses objectively necessary for this. We must be notified immediately, if possible in advance, of any such self-remedy. The right of self-remedy shall not apply if we would be entitled to refuse a corresponding subsequent performance in accordance with the statutory provisions.

(10) If we have unsuccessfully attempted to rectify the defect twice, this shall be deemed to have failed. If the subsequent performance has failed or a reasonable deadline to be set by the customer for the subsequent performance has expired unsuccessfully or is dispensable according to the statutory provisions, the customer may withdraw from the purchase contract or reduce the purchase price. In the case of an insignificant defect, however, there is no right of withdrawal.

(11) Insignificant defects shall in no case entitle the customer to withdraw from the contract.

(12) If we establish that a defect claimed by the customer in the item delivered by us is based on the defectiveness of an item delivered by one of our suppliers, we shall inform the customer of this in text form and assign our warranty and recourse claims against the supplier to the customer. In this case, the customer may only assert warranty and recourse claims against us if he has previously asserted warranty or recourse claims against our supplier without success.

(13) Claims of the customer for damages or reimbursement of futile expenses shall only exist in accordance with § 9, even in the case of defects, and are otherwise excluded.

§ 9 Other liability – withdrawal

(1 ) Unless otherwise stated in these GTC including the following provisions, we shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions.

(2) We shall be liable for damages – irrespective of the legal grounds – within the scope of fault-based liability in the event of intent and gross negligence. In the event of simple negligence, we shall be liable subject to a milder standard of liability in accordance with statutory provisions (e.g. for care in our own affairs) only

(a) for damages resulting from injury to life, body or health,

(b) for damages arising from the not insignificant breach of a material contractual obligation (obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.

(3) The limitations of liability resulting from paragraph 2 shall also apply to breaches of duty by or in favor of persons whose fault we are responsible for according to statutory provisions. They shall not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods and for claims of the customer under the Product Liability Act.

(4) The customer may only withdraw from or terminate the contract due to a breach of duty that does not consist of a defect if we are responsible for the breach of duty. A free right of termination of the customer (in particular according to §§ 651, 649 BGB) is excluded. Otherwise, the statutory requirements and legal consequences shall apply.

(5) The customer may not withdraw from the contract if our breach of duty is insignificant.

§ 10 Statute of limitations

(1) Unless otherwise agreed in individual contracts, the limitation period for warranty claims shall be 12 months from the transfer of risk. If acceptance has been agreed, the limitation period shall commence upon acceptance.

(2) The above limitation periods of the law on sales shall also apply to contractual and non-contractual claims for damages of the customer based on a defect of the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in individual cases. However, claims for damages by the customer pursuant to § 9 para. 2 sentence 1 and sentence 2 (a) as well as pursuant to the Product Liability Act shall become time-barred exclusively in accordance with the statutory limitation periods.

§ 11 Choice of law and place of jurisdiction

(1 ) These GTC and the contractual relationship between us and the customer shall be governed by the law of the Federal Republic of Germany to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.

(2 ) If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive – also international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Stuttgart. The same applies if the customer is an entrepreneur within the meaning of § 14 BGB. However, in all cases we shall also be entitled to bring an action at the place of performance of the delivery obligation in accordance with these GTC or an overriding individual agreement or at the customer’s general place of jurisdiction. Overriding statutory provisions, in particular regarding exclusive jurisdiction, shall remain unaffected.