Terms and Conditions

1. General

1.1 The following general terms and conditions shall apply to all offers and services of
Holocreators GmbH (hereinafter referred to as “Holocreators”). This shall apply in particular
even if the client uses general terms and conditions which conflict with or deviate from the
general terms and conditions of Holocreators.
1.2 The general terms and conditions of business set forth herein shall also apply if
Holocreators executes the order despite knowing that the terms and conditions of the client
conflict with or deviate from the Holocreators terms and conditions.
1.3 Deviations from the terms and conditions specified here shall only be valid with the
written consent of Holocreators.

2. Subject Matter of the Contract

2.1 Holocreators 3D-scans people, animals and objects and creates printable 3D models
from 3D-scan data or reconstructs and repairs already existing 3D data. If only the 3D
printable data is required by the client, Holocreators shall advise on the expected success of
3D printing, but shall not assume any liability for errors which occur during 3D printing or
errors caused by the client.
2.2 Holocreators is not obliged to check if the parts or 3D files provided by the client infringe
upon any copyright by a third party. Checking for infringement by the client of trademark or
other protection law is not the responsibility of Holocreators. Such research is the
responsibility of the client.
2.3 The full rights of use for the 3D data generated by Holocreators shall not pass to the
client until the Holocreators invoice has been paid in full.

3. Quote and Contract

3.1 With their order and digitally signing of the Holocreators quote or confirming the quote
by email, the client enters a binding contract with Holocreators. By doing so, the customer
accepts the general terms and conditions of Holocreators in full and without limitation. As
soon as the order is confirmed by Holocreators, the order shall be binding for both the
customer and Holocreators.
3.2 The delivery date for the project by Holocreators shall be confirmed on the quote sent to
the client.
3.3 The right of revocation shall not apply for the delivery of goods that are not
prefabricated and whose production is based on an individual selection or determination by
the consumer, or which are clearly tailored to the personal needs of the consumer.
Holocreators is exclusively creating individual items according to the customer’s selection;
therefore, there is no right of revocation.

4. Prices and Payment

4.1 All products and services offered by Holocreators are subject to change in price and
4.2 The fees on the homepage are net prices. Value Added Tax (VAT) is charged on invoices
and shown separately.
4.2 Travel, packaging, delivery and shipping costs are not always included in our prices and
can be charged additionally.
4.3 For 3D-print orders, the client is obliged to pay in advance. An agreed down payment
must be made upon conformation of the contract. Payment shall be made by bank transfer
or Paypal (plus the applicable fees) without any deductions unless other agreements have
been mutually agreed upon and recorded between Holocreators and the customer.
4.4 The invoice amount shall be paid as soon as possible. If payment is not made within 14
days after receipt of the invoice, the statutory interest rate of (as of 1.7.2015) 7.17 % shall
apply and become due.

5. Retention of Title

5.1 Holocreators shall retain title to the delivered goods until full payment of all claims
arising from the contract for work and services are made.

6. Service Description

6.1 If the customer has ordered a 3D print, it shall be sent to the customer by insured DHL
shipment, unless otherwise agreed.
6.2 If the customer has ordered only the 3D data, it will be provided as a download link via
Dropbox or sent with WeTransfer to the email address provided by the customer, unless
otherwise agreed.
6.3 The scope of the ordered products and agreed services is specified in the initial quote or
email. Additional services shall require written confirmation by Holocreators.
6.4 Unless otherwise agreed upon by the customer and confirmed by Holocreators, the
estimated processing time for completion of a project can be expected to be seven (7)
business days after receipt of the order.
6.5 All 3D data provided by Holocreators shall include one correction run free of charge. This
must be communicated in writing by the client within ten (10) business days after the files
have been received through the download link. Any further changes after the expiry of this
complaint period will be charged according to the time and effort involved. The correction
run must be reasonable and within the scope of the initial offer. Special services, such as the
reworking or modification of completed orders, will be charged separately according to time
and effort.
6.6 Holocreators shall store the 3D data of the completed order for one month and can send
it to the client during this time. Holocreators is not obliged to archive the 3D data for periods
longer than one month.

7. Quality, Warranty and Notice of Defects

7.1 The information contained in Holocreators advertising is non-binding and serves as an
orientation. The illustrations show photographs and renderings of 3D objects which
Holocreators has processed.
7.2 Three-dimensional (3D) objects are art objects. Deviations from depicted
persons/animals/objects, as well as color deviations in comparison to the original, are
therefore possible and shall not entitle the customer to provide a notice of defect or return.
Blind spots can occur during the 3D-scanning process. In these areas, the model lacks surface
and color information. These are subsequently enhanced by Holocreators during 3D-data
processing, so deviations from the original model may occur. These deviations do not entitle
the customer to provide a notice of defect or return.
7.3 The printing process works with an additive, layer-by-layer process. Therefore, the
individual layers of the print may be visible on the surface of the 3D print. This processrelated characteristic does not entitle the customer to provide a notice of defect or return.
Holocreators shall not be liable for damages resulting from improper use of the product.
7.4 Holocreators shall not be liable for the naturally occurring signs of wear.
7.5 If for technical reasons, it is not possible to create a printable 3D model from the 3D files
which Holocreators has provided, Holocreators reserves the right to withdraw from the
7.6 Three-dimensional (3D) printed objects may be sensitive to pressure, impact, heat,
sunlight and water.
7.7 It is the responsibility of the Customer to check the data provided by Holocreators for
accuracy. We take the utmost care in the creation of our 3D modelings and
reverse engineering. Should we nevertheless make a mistake, we will correct it immediately.
However, the error does not entitle the customer to claim damages.

8. Data Protection

8.1 Holocreators shall process the customer’s personal data for the intended purpose and in
accordance with the statutory provisions. The personal data provided for the purpose of
ordering goods (such as name, email address, postal address, payment data) shall be used by
Holocreators to fulfill and process the contract. This data shall be treated confidentially and
shall not be passed on to third parties who are not involved in the ordering, manufacturing,
delivery and payment process. The customer shall have the right to receive information free
of charge on request about the personal data stored by Holocreators about them. In
addition, they shall have the right to correct incorrect data, block and delete their personal
data, provided that there is no legal obligation to store such data. Further information on
the type, scope, location and purpose of the collection, processing and use of the required
personal data by Holocreators can be found in the Privacy Notice by Holocreators.

9. Miscellaneous

9.1 This contract and the entire legal relations between the parties shall be governed by the
law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the
International Sale of Goods (CISG). Should individual provisions of this contract be or
become invalid or incomplete, the remaining provisions shall remain unaffected.

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