General Terms and Conditions
1. Scope
The following terms and conditions apply to all quotations, service requests, and orders placed with KYROZZ GmbH by consumers and businesses. We do not sell products directly online; all services are provided on a custom quotation basis.
A consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to either their commercial or self-employed professional activity. An entrepreneur is a natural or legal person or a legally constituted partnership who, upon conclusion of a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they will only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract
The contract is concluded with KYROZZ GmbH.
By submitting an inquiry through our website, you are making a non-binding request for a quotation. We will review your provided data (e.g., 3D CAD files) and send you a binding, individualized offer. The contract is concluded only when you explicitly accept our customized quotation in writing.
3. Contract language, contract text storage
The language available for concluding the contract is German.
We store the contract text and send you the order details and our terms and conditions in text form.
4. Delivery terms
Shipping costs may also apply in addition to the stated service prices. Applicable shipping costs will be clearly detailed in your individual quotation.
You generally have the option of collection from KYROZZ GmbH, Poschingerstraße 33, 94469 Deggendorf, Germany at the following business hours: 10 a.m.-6 p.m.
We do not deliver to packing stations.
5. Payment
Payment terms will be specified in your individual quotation. Generally, we offer the following payment method:
Invoice
You will pay the invoice amount after receiving the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.
6. Right of withdrawal
Consumers have the statutory right of withdrawal, as described in the withdrawal instructions. Please note that the right of withdrawal may not apply to custom-made goods manufactured specifically to your specifications (e.g., custom 3D prints).
7. Retention of title
The goods remain our property until full payment is received.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims arising from an ongoing business relationship have been fully settled. You may resell the reserved goods in ordinary business operations; all claims arising from this resale are assigned to us in advance – irrespective of any connection or mixing of the reserved goods with a new item - in the amount of the invoice, and we accept this assignment. You remain authorized to collect the receivables, however we may also collect receivables ourselves if you fail to meet your payment obligations.
8. Transport damage
For consumers: If goods are delivered with obvious transport damage, please report such errors to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact will have no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or to be able to claim the transport insurance.
9. Warranty and warranties
Unless expressly agreed otherwise below, the statutory right to liability for defects applies. When consumers purchase used goods, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the framework of the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. Used goods are sold without any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Only our own information and the manufacturer's product descriptions, which have been included in the contract, are considered an agreement with entrepreneurs regarding the nature of the goods; we assume no liability for public statements made by the manufacturer or other advertising claims.
If the delivered item is defective, we will first guarantee to entrepreneurs of our choice by eliminating the defect (repair) or by delivering an item free of defects (replacement delivery).
The above restrictions and reductions in time limits do not apply to claims arising from damages caused by us, our legal representatives or agents
- in case of injury to life, body or health
- in cases of intentional or grossly negligent breach of duty and fraud
- in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contracting party may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, insofar as agreed
- insofar as the scope of application of the Product Liability Act is opened up.
10. Liability
We are always fully liable for claims arising from damages caused by us, our legal representatives, or agents
- in case of injury to life, body or health
- in cases of intentional or grossly negligent breach of duty
- in the case of warranty promises, as agreed, or
- insofar as the scope of application of the Product Liability Act is opened up.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contracting party may regularly rely (cardinal obligations), due to slight negligence on the part of us, our legal representatives or agents, liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Furthermore, claims for damages are excluded.
11. Dispute resolution
The European Commission provides an online dispute resolution (OS) platform, which you can find here https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration body.
12. License
(1) By submitting data, you irrevocably grant KYROZZ GmbH the unrestricted non-exclusive, exclusively worldwide royalty-free, fully paid, perpetual, transferable and sublicensable right with a license to use, reproduce, modify, copy, forward and display the data (including 3D CAD – data and drawings), documents, drawings and specifications and to grant sublicenses on the said rights, insofar as this is necessary for the fulfillment of the contractual agreement (i.e., manufacturing your order).
(2) You retain sole intellectual property rights to the copyrights to files, all texts, illustrations, software files and other materials that you have provided to KYROZZ GmbH, as well as to all delivered goods and designs.
13. Industrial property rights / Copyrights / Rights to documents, data
(1) The contracting authority assures that the data and/or products it submits for printing are free from third-party rights in such a way that the printing by KYROZZ GmbH and its producers does not infringe any third-party rights (in particular, but not definitively, copyrights, patent rights, design rights, competition rights) or that the rights holder has given appropriate permission, and furthermore that no statutory prohibitions are violated. KYROZZ GmbH is only liable for legal violations if they acted intentionally or with gross negligence and could have recognized the violation. If you are unsure whether your file is free of third-party rights, do not upload it.
(2) The contracting authority shall indemnify KYROZZ GmbH against all legitimate claims and demands made as a result of the infringement of third-party rights. This also includes reasonable expenses for the legal defense of KYROZZ GmbH with regard to which KYROZZ GmbH is also entitled to an advance payment against the client in the amount of the anticipated costs.
(3) The contracting authority is obliged to notify KYROZZ GmbH in writing without delay if claims are made against it for infringement of third-party rights in connection with products manufactured at KYROZZ GmbH.
(4) KYROZZ GmbH cooperates with contractual partners and issues 3D printing orders to them for the performance of the order with KYROZZ GmbH's customers. The client shall transfer to KYROZZ GmbH – if necessary – the usage rights required for the execution of the order iSd "No. 12 License". In the event of a violation of the intellectual property rights by the contracting parties of KYROZZ GmbH, they must be called upon to claim damages.
14. Final provisions
If you are an entrepreneur, then German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special public-law asset, our place of business is the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you.