General Terms and Conditions (as of February 1, 2024)

1. Scope of application
These General Terms and Conditions (hereinafter “GTC”) regulate the contractual relationship between “63Pixel, Jennifer Nitz, Schrevenwiesen 20, 38652 Goslar, Germany” (hereinafter “Seller”) and the business customers (hereinafter “Buyer”) who use our online platform, “picoslam.com”, purchase PicoSLAM 3D Scanner. The General Terms and Conditions apply exclusively to transactions with business customers, i.e. natural or legal persons or partnerships with legal capacity that act in the exercise of their commercial or independent professional activity.
Our products are specifically designed for professional use and are therefore sold exclusively to buyers who use them in the context of their business, industrial, craft or professional activities. Sales to consumers, i.e. any natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to either their commercial or independent professional activity, is excluded. The Terms apply worldwide except for transactions with customers in Russia, Brazil and China, subject to specific restrictions or requirements under the laws of the countries to which we deliver. By placing an order, the buyer accepts these General Terms and Conditions in the version valid at the time of the order as the sole determining factor for the legal relationship between the seller and the buyer.
Changes to these terms and conditions will be announced to the buyer in writing, by email or on our website. They are considered approved if the buyer does not object in writing. The seller will separately point out the importance of this two-week period in the notification.

2. Conclusion of the contract
A contract for the purchase of a PicoSLAM 3D scanner is only concluded through an online order by the customer and subsequent acceptance by the seller. Acceptance occurs by sending an invoice to the customer, which also requests advance payment of the purchase price.
Confirmation of the order and sending of the invoice constitute binding acceptance of the offer by the seller. The contract becomes effective when the customer pays the invoice. If the invoice is not paid within the payment period specified therein, the seller reserves the right to withdraw from the contract.
2.1 Documentation
Contract documentation: The seller stores the documentation of the contract process, including the offer acceptance communication, the final invoice and the payment confirmation, in accordance with the applicable data protection guidelines and legal requirements.

3. Pricing and payment methods
The prices for the PicoSLAM 3D Scanner are stated net and do not include the applicable VAT and any country-specific taxes, customs duties or charges that must be borne by the customer.
To settle the purchase price, the seller accepts payments by bank transfer and via the payment service provider Stripe. Payments made via Stripe are subject to transaction-specific fees that may vary depending on the destination country. These fees will be detailed to the customer in advance in the offer.
The entire purchase price must be paid in advance without deductions before the goods are shipped. Payment details, including the amount of Stripe fees, will be communicated to the customer in the invoice, which is considered part of the conclusion of the contract.

4. Shipping and delivery
The PicoSLAM 3D scanner is delivered exclusively to international business customers, with the exception of Russia, Brazil and China. Shipping is carried out by DHL as an insured package with a tracking number to ensure safe and traceable delivery.
After receipt of full payment, the seller undertakes to dispatch the goods within 14 days. If there are any unscheduled delays in the shipping process, the customer will be informed immediately and accordingly in advance. The shipping costs, which vary depending on the destination, as well as the expected delivery time, will be detailed to the customer in the offer. Additional fees, such as customs or import taxes, incurred in the destination country are to be borne by the customer.
After the goods have been dispatched, the customer receives a notification including tracking information so that they can track the shipment seamlessly.

5. Force Majeure
If force majeure occurs that affects the fulfillment of the contract, the seller reserves the right to delay delivery accordingly or to partially or completely withdraw from the contract. In such cases, the customer is not entitled to compensation.

6. Storage upon customer request
If desired, the goods can take up to a month be stored by the seller after notification of readiness for dispatch.

7. Retention of title
The seller reserves title to the goods sold until all current and future claims arising from the purchase contract and an ongoing business relationship (secured claims) have been settled in full.
Retained goods: The goods remain the property of the seller until all claims have been paid in full. This also applies to the payment of all additional claims, such as costs for shipping, handling and any repairs.
Further processing and resale: If the reserved goods are processed, combined or mixed by the customer, this is done in the name and on behalf of the seller as manufacturer, without this resulting in any obligations for the seller. If the goods are combined or mixed with other goods that do not belong to the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. Customers may only resell the reserved goods in the ordinary course of business under their normal terms and conditions and as long as they are not in default, provided that the claims from the resale are transferred to the seller in accordance with the following paragraphs.
Assignment of claims: The customer hereby assigns to the seller in advance all claims arising from the resale of the reserved goods in the amount of the invoice amount that arise from the resale to third parties. The seller accepts this assignment. After the assignment, the customer is authorized to collect the claim. The seller’s authority to collect the claim himself remains unaffected. However, the seller will not collect the claim as long as the customer meets his payment obligations, does not default on payment, no application has been made to open insolvency proceedings and there is no other deficiency in his ability to pay.
Obligation to inform in the event of access by third parties: The customer must immediately inform the seller in writing if and to the extent that third parties access the goods and claims belonging to the seller.
Release of securities: The seller undertakes to release the securities to which he is entitled at the customer’s request to the extent that the realizable value of the seller’s securities exceeds the claims to be secured by more than 10%. The choice of securities to be released is incumbent upon the seller.

8. Warranty
8.1 Warranty period: A warranty period of 12 months applies to all new devices from the time of delivery to the customer. This period refers to defects that affect the functionality or usability of the delivered devices.
8.2 Exclusion of claims for defects: Claims for defects do not exist in the case of damage that occurs after the goods have been handed over due to improper use, natural wear and tear, incorrect or negligent treatment. This also includes damage caused by the use of unsuitable operating resources or by special external influences that were not provided for in the purchase contract. Claims for defects also lapse if the customer or third parties have made changes or repairs to the goods, unless the customer can prove that the changes or repairs made are not the cause of the defect.
8.3 Limitation of the warranty: For new goods, the limitation period for claims for defects is one year from delivery. Claims and rights due to defects are generally excluded for used goods, unless the seller has fraudulently concealed the defect.
8.4 Exceptions to liability limitations: The above-mentioned liability limitations and shortening of the limitation period do not apply in cases in which the damage is due to an intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents. The customer’s claims for damages as well as claims in the event of fraudulent concealment of a defect by the seller or based on a guarantee for the quality of the goods also remain unaffected.
8.5 The seller’s right to choose in the case of supplementary performance: The seller has the right to choose between remedying the defect (repair) or delivering a defect-free item (replacement delivery) within the scope of supplementary performance.
8.6 Return in the event of a replacement delivery: If a replacement delivery is made, the customer is obliged to return the originally delivered goods within 30 days at the seller’s expense. The return must contain all necessary information to allow the seller to identify the return.
8.7 Compensation for use in the event of a replacement delivery: If a replacement delivery is made within the scope of liability for defects, the seller can request from the customer who demand appropriate compensation for use for the time until replacement delivery.
8.8 Obligation to inspect and give notice of defects: If the customer acts as a merchant, the obligation to inspect and give notice of defects in accordance with the German Commercial Code (HGB) applies to him. If obvious defects are not reported in writing within two weeks of delivery, the goods are deemed to have been approved.

9. Withdrawal and right of withdrawal
In business transactions with business customers, there is generally no statutory right of withdrawal, as is common in consumer transactions. Accordingly, the seller does not grant any general right to cancellation or return of the goods outside of the statutory liability for defects.
Returns outside of warranty:
Prior Authorization: Any return of products other than due to a defect under warranty requires the prior written consent of the Seller. Returns made without such authorization may be refused by the Seller.
Condition-based compensation: The decision regarding possible compensation for returned goods is at the discretion of the seller and is based on the condition of the returned goods at the time of receipt. Goods that are returned in a salable condition may be eligible for a partial refund. This will be decided on a case-by-case basis after examination.

10. Liability
10.1 Unlimited liability: The seller is fully liable for damage caused by intentional or grossly negligent actions, as well as for damage resulting from injury to life, body or health, regardless of whether this was caused intentionally or negligently. This unlimited liability also applies to damages resulting from non-compliance with guaranteed characteristics or in cases of mandatory liability under the Product Liability Act.
10.2 Liability for essential contractual obligations: For damages resulting from the negligent violation of essential contractual obligations, the seller’s liability is limited to the foreseeable damage typical for the contract. Essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer can regularly rely.
10.3 Limitation of liability: Liability for slight negligence is excluded unless essential contractual obligations are affected, unlimited liability according to point 9.1 does not apply or damage results from injury to life, body or health.
10.4 Loss of data: The seller is only liable for data loss if such damage would have been unavoidable even if the customer had adequately backed up the data.
10.5 Employees and vicarious agents: The above liability limitations also apply to the personal liability of the seller’s employees, representatives and vicarious agents.
10.6 Product liability: The regulations on product liability remain unaffected by these liability limitations.

11. Limitation period
Claims become statute-barred one year from knowledge, but no later than five years after service provision, with the exception of claims governed by warranty.

12. Transfer of Rights
The transfer of the customer’s rights and obligations under the contract requires the written consent of the seller.

13. Application of law and place of jurisdiction
The law of the Federal Republic of Germany. The place of jurisdiction is the seller’s registered office, although the seller also has the right to sue at the customer’s registered office.

14. Data protection
The provisions on data protection can be found in the privacy police.

15. Severability clause
Should a provision of these General Terms and Conditions be or become invalid or unenforceable, the effectiveness of the remaining provisions remains unaffected. The invalid or unenforceable provision will be replaced by an effective provision that comes closest to the purpose of the original provision.