Terms of service
General Terms and Conditions (B2B)
§1 Scope
These General Terms and Conditions apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). No contracts are concluded with consumers within the meaning of Section 13 BGB. By placing an order, the customer confirms that they are acting as an entrepreneur.
§2 Subject of Contract
The subject of the contract consists of productized design, validation and production packages for individual prescription-ready eyewear frames. The exact scope of services results exclusively from the respective package description at the time of order.
§3 Conclusion of Contract
The presentation of packages on the website does not constitute a legally binding offer. A contract is concluded only upon express acceptance by the provider or by issuance of an order confirmation.
§4 Customer Obligations
The customer shall provide all information, references and specifications necessary for proper execution of the project. If required information is not provided in due time, delivery periods shall be extended accordingly. The customer is responsible for the legal admissibility of submitted references and materials.
§5 Scope of Revisions
Each package includes a defined number of revision loops as described in the respective product description. Additional revisions, structural changes or changes in design direction require a separate agreement and additional compensation.
§6 Usage Rights
Upon full payment, the customer receives a simple, non-exclusive, non-transferable right to use the developed design within the scope of their own business operations.
Transfer, sublicensing or resale of design data (including CAD files or STL files) to third parties requires prior written agreement.
§7 Production Deviations
Minor deviations in material, surface texture, color tone or finishing due to additive manufacturing processes are typical and do not constitute defects.
§8 Prices and Payment
All prices are net prices plus applicable statutory VAT. Payment is due immediately upon conclusion of the contract unless otherwise agreed.
For intra-community supplies to EU entrepreneurs with a valid VAT ID, reverse charge applies. The tax liability transfers to the recipient of the service.
§9 Retention of Title
Delivered physical goods remain the property of the provider until full payment has been received.
§10 Shipping and Transfer of Risk
If physical products are included, shipping is carried out at the customer's risk. Risk transfers to the customer upon handover of the goods to the carrier.
§11 Sample Kit (Deposit-Based Loan Product)
The sample kit is provided as a deposit-based loan product and remains the property of the provider at all times.
By ordering the sample kit, the customer pays a deposit of €100. This deposit does not constitute a purchase price, but a security for the temporary use of the sample kit.
The customer is entitled to use the sample kit for evaluation purposes for a period of fourteen (14) days from the date of delivery to the customer.
The customer is obliged to return the sample kit within this period using the provided return label. The sample kit must be returned complete, undamaged and in proper condition.
After timely return and successful inspection, the deposit will either be fully refunded or credited toward a development package.
If the sample kit is not returned within the specified period, or if it is returned incomplete or damaged, the provider reserves the right to retain the deposit in whole or in part.
The customer bears the risk of loss or damage of the sample kit until it is returned and received by the provider.
The provider reserves the right to limit the availability of sample kits at any time.
§12 Warranty
The statutory warranty rights for entrepreneurs apply. The warranty period is twelve (12) months from delivery. Minor deviations inherent to additive manufacturing processes do not constitute defects.
§13 Liability
The provider is liable without limitation in cases of intent, gross negligence, or injury to life, body or health.
In cases of slight negligence, liability is limited to foreseeable, typical damages resulting from breach of essential contractual obligations. Further liability is excluded.
§14 Applicable Law and Jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction is the provider’s registered office, provided the customer is a merchant.