General Terms and Conditions
§ 1 Scope
These General Terms and Conditions (GTC) apply to all contracts concluded between PH Interactive (Hans Rausch Fotografie und Webdesign, Helmstorfer Str. 85, 21218 Seevetal) — hereinafter 'Contractor' — and the Client regarding services in miniature painting, terrain construction and 3D printing. Conflicting or deviating terms of the Client shall not be recognized unless expressly agreed to in writing.
§ 2 Scope of services
The Contractor offers the following services:
- Painting of tabletop miniatures (single and series commissions)
- Construction and design of tabletop terrain and dioramas
- 3D printing of models based on files supplied or licensed by the client
- Consulting and individual design according to client requirements
The exact scope of services is agreed in writing (by email) for each commission.
§ 3 Contract conclusion and offer
Offers made by the Contractor are non-binding and without obligation. A contract is only concluded upon written order confirmation by the Contractor or by commencement of service provision. Unless otherwise stated, offers are valid for 14 days from the date of issue.
§ 4 Prices and payment
The prices stated in the offer shall apply. Prices are net and exclude the statutory VAT currently in force.
Payment terms: The invoice amount is due without deduction within 14 days of the invoice date, unless otherwise agreed. For commissions exceeding € 100, a down payment of up to 50 % of the order value may be required before work begins.
In case of default in payment, default interest is charged at 5 percentage points above the base interest rate (§ 288 BGB).
§ 5 Delivery of client-owned miniatures
Materials supplied by the Client (miniatures, components, accessories) are handled with due care. Liability for parts already damaged, defective or prone to breakage before shipment is excluded. Client-owned materials are shipped at the Client's risk. Insured shipping is offered on request and charged separately.
§ 6 3D print files and copyright
The Client warrants that they hold the necessary usage rights (licence or own creation) for all 3D print files provided. The Contractor will not print files for which no proof of a commercial print licence exists. Liability for copyright infringements caused by client-supplied files lies with the Client.
§ 7 Delivery time and completion
Delivery times and completion dates are non-binding unless expressly agreed in writing as binding. In the event of unforeseen additional effort, the Contractor will inform the Client without delay. Delays caused by the Client (e.g. late delivery of materials) are not at the Contractor's expense.
§ 8 Warranty and complaints
Complaints must be submitted in writing with photographic documentation within 14 days of receipt of the service. In the case of justified defects, rework is offered first. Hand-painted miniatures are handcrafted individual pieces; minimal deviations from reference images are not a defect. Statutory warranty rights remain unaffected.
§ 9 Limitation of liability
The Contractor has unlimited liability for damage resulting from injury to life, body or health as well as for intentional or grossly negligent breaches of duty. Otherwise, liability is limited to foreseeable damage typical of the contract. Liability for lost profits or indirect damage is excluded.
§ 10 Withdrawal and cancellation
The Client may cancel a placed commission in writing. No costs arise for cancellation before work begins. For cancellation after work has commenced, services rendered up to that point are charged on a pro-rata basis. Materials already consumed are charged in full.
§ 11 Applicable law and place of jurisdiction
German law applies. The place of jurisdiction for merchants and legal entities under public law is Seevetal. In relation to consumers, the statutory place of jurisdiction applies.
§ 12 Severability clause
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that comes closest to its economic purpose.