TERMS OF SERVICE

08/09/2020

I. SCOPE OF APPLICATION

The following general terms and conditions apply to all orders placed in our doob stores and on our www.doob.eu website. Our services are aimed exclusively at consumers.

II. CONTRACTUAL PARTY

Contracts are entered into with our company, which is at the following address:

doob group AG,

Speditionstr. 13,

40221 Duesseldorf

Tel.: 0211 388581-0

Fax: 0211 388581-25

Email: info@doob.eu

III. DEFINITION

The main object of our business activity is the sale of 3D products. We offer artificial replicas of yourself, in the form of 3D printed figurines in various sizes and materials (polymer-based gypsum, plastic, metal) and in the form of digital avatars. We create these products based on a full-body 3D scan of yourself that can be completed at any of our doob stores or events.

IV. CONTRACT AND PAYMENT

The effective date of a contract with us depends on your chosen method of payment:

1. Card payment:

When placing a 3D product order with us, you may pay with a credit or debit card by providing this card’s information. Once you have been confirmed as the legitimate cardholder, the payment transaction will be processed automatically and your credit/debit card will be charged according to the order placed. The contract with us is concluded at such time as when the credit/debit card is charged.

2. Paypal:

During the ordering process, you will be redirected to the website of the payment service provider PayPal, on which you can enter your payment information and confirm the payment order to PayPal. Once you complete this step, we request that PayPal initiates the payment transaction. The contract with us is then concluded.

3. Cash payment:

We take your order and conclude the contract immediately upon receiving the full purchase price in cash.

4. Other payment methods:

In case you choose another payment method, we will acknowledge your product purchase and conclude the contract once the amount of the purchase price has been transferred to us.

V. PRICES AND SHIPPING COSTS

All of our stated prices include the statutory sales tax, but not shipping costs.

Within Germany, shipping costs for our physical products are fixed at 10 EUR per shipment, regardless of size or weight. We reserve the right to adjust the shipping costs in individual cases.

The shipping costs for shipments outside Germany are shown in separate documents.

VI. DELIVERY

Our digital products will be sent to you by email.

Our 3D printed products can either be shipped to you or picked up in store. We take the utmost care when packaging and shipping your personal 3D figurines and can deliver them to any private address or pick-up location in Germany.

In case you come to pick up your order, please check the addresses and opening hours of our doob stores on our website: www.doob.eu.

We will inform you by either email or phone, as per your preference, once we have shipped your order or once it is ready to be picked up.

If 3D figurines are delivered with obvious transport damage, please report the facts to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequence for your legal claims such as, in particular, your warranty rights and their enforcement. However, timely input on your part helps us assert our own claims against the carrier or the transport insurance company.

VII. DELIVERY TIME

Unless there is an express agreement on a binding delivery date, our delivery dates or delivery periods remain entirely non-binding. The standard delivery time is 2 to 5 weeks.

VIII. 3D FIGURINE APPEARANCE

The technology we use is such that our 3D figurines only represent approximate copies of the original subjects. There may be deviations in shape and/or color. Smaller details are sometimes indiscernible or not perfectly reproduced, but this does not necessarily constitute a defect. There may be slight blurring or print lines. For technical reasons, original colors cannot always be perfectly reproduced. Colors can typically be a bit paler; with more pronounced deviations on white and black surfaces. 3D figurines are manufactured through a 3D printing procedure and made of a mixture of plaster, silicate powder, binders and infiltrates. The material is fragile and should be treated with care. Figurines are susceptible to damage if exposed to direct sunlight, humidity or chemicals. Contact with the air can cause figurines to lose their color intensity over time.

For technical reasons, our digital products are also approximate copies of the original subjects.

IX. DEFECTS

If the delivered products show significant deviations from the original subject(s), beyond the limitations outlined in section VIII above, we are obliged to provide supplementary performance. This does not apply in cases where we are entitled to refuse supplementary performance as per a legal regulation.

Should you have a complaint about your order, please visit us in one of our doob stores and present the object of your complaint – 3D figurine or avatar – or send us your complaint with photos at info@doob.eu. We shall then process your complaint as quickly as possible. Whichever the contact method, all complaints are treated equally. You can find our contact details in section II above.

In principle, you have the choice of whether supplementary performance should be carried out through repair or replacement. However, we are entitled to refuse your requested type of supplementary performance if it would result in disproportionate costs and if the alternate option does not result in any significant disadvantages to you. Due to the special nature of our products, all depending on individual cases, this essentially means that we are allowed, as a first step, to attempt repairs before you can assert further rights.

During the supplementary performance, a reduction of the purchase price or withdrawal from the contract are excluded. A subsequent improvement is deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances are such that this general rule does not apply. If the supplementary performance has failed or if we have refused supplementary performance altogether, you can either request a reduction of the purchase price (discount) or withdraw from the contract.

X. LIABILITY

We are fully liable for damage to life, body and health caused by a negligent or willful breach of duty by our legal representatives or our vicarious agents, as well as for damage that is covered by liability under the Product Liability Act, as well as for all damage that is due to willful or grossly negligent breaches of contract or to malice on the part of our legal representatives or our vicarious agents.

We are also liable for damage caused by simple negligence, insofar as this negligence relates to the violation of contractual obligations that are particularly important to comply with to achieve the purpose of the contract (cardinal obligations). However, we are only liable if the damage is typically associated with the contract and was foreseeable. Beyond this, we are not liable for simple negligent breaches of secondary obligations that are not essential to the contract.

Any further liability is excluded regardless of the legal nature of the asserted claim. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and vicarious agents.

The limitation period for warranty claims is 2 years from the transfer of risk.

XI. VOUCHER

You may buy vouchers for the purchase of our products on our website: www.doob.eu.

Every purchased voucher contains a code that lets us read information about its validity and value. It is permitted to print out a voucher multiple times, but its value can only be redeemed once.

When a voucher is redeemed, we check whether its code has been released by the system and whether it has been paid for. We are not obliged to accept, as a means of payment, vouchers that have not been paid for. Lost vouchers will not be replaced. Vouchers cannot be returned for cash value.

If the value of a voucher exceeds the purchase price of a doob product, the residual value will be recorded in our internal IT system. Vouchers can be used in partial amounts, but a remaining value cannot be exchanged for cash.

Vouchers are valid for three years, counting from the end of the calendar year in which they were purchased. Their value can be redeemed during this period of validity.

 

The vouchers are not personal; they can be transferred to other people. However, commercial resale of vouchers is generally prohibited.

Consumers purchasing vouchers on our website are legally entitled to a right of withdrawal. The cancellation policy and cancellation model can be found below these terms and conditions.

Should you or the redeemer not be able to redeem a voucher for reasons for which we are not responsible, it is your responsibility or the redeemer’s to arrange for this voucher to be used otherwise (e.g. by giving it to another person). Withdrawal from the purchase of a voucher is not possible after the statutory withdrawal period has expired or if it has expired without a statutory reason for withdrawal.

XII. MISCELLANEOUS

These terms and conditions and the legal relationships between you and us are subject to the laws of the Federal Republic of Germany under exclusion of the UN Sales Convention (CISG).

Should any individual provisions of this contract become or be found to be ineffective or contain a loophole, this shall not affect the remaining provisions.

Right of Withdrawal for Vouchers

You have the right to cancel the contract for the purchase of a voucher within fourteen days, without giving any reason. This right expires if the voucher has already been partially or fully redeemed in one of our stores during this period.

The withdrawal period is fourteen days from the day on which you or a third party named by you received our voucher code.

To exercise your right of withdrawal, please contact us directly:

doob group AG

Speditionsstr. 13,

D-40221 Duesseldorf.

Tel.: 0211 388581-0

Fax: 0211 388581-25

Email: info@doob.eu

 

We request a clear statement (e.g. by letter sent by mail, email or fax) of your decision to withdraw from this contract. You can use the attached withdrawal form model for this purpose, but this is not mandatory.

The cancellation deadline shall be met if your notification of exercising your right of cancellation is sent before the cancellation period has expired.

 

Consequences of the Withdrawal

If you withdraw from a contract, we shall give back all the payments that we have received from you, including delivery costs (with the exception of the additional costs that may result from choosing a different delivery option than the cheapest we offer), to be repaid immediately and at the latest within fourteen days from the date on which we receive notification of your contract cancellation. We process the reimbursement through the same payment method as was used for the original transaction, unless some other arrangement was expressly agreed upon with you. You shall in no case be charged any fees for the reimbursement transaction.

We can refuse reimbursement until we have received your order back or until you have provided proof that you have sent it back, whichever is earlier.

You must return or hand over your order to us immediately and in any case no later than fourteen days after the date on which you informed us of the contract cancellation. The deadline shall be met if you send out the order before the period of fourteen days has expired.

You must bear the direct costs of the return shipment.

You are only liable to pay for any eventual loss in value of the order if this loss in value is due to handling of the order that is unnecessary to verify its nature, properties or functionality.

Sample – Withdrawal Form

If you wish to cancel a contract, please send us a form with the following information:

 

To:

doob group AG

Speditionsstr. 13,

D-40221 Duesseldorf.


I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following products (*)/the provision of the following service (*):

Ordered on: (*)/Received on (*):

Consumer name:

Consumer address:

Consumer signature (only on handwritten form):

Date:

_____________

(*) Strike out if not applicable.