General Terms and Conditions
Last updated: August 2023
The following terms and conditions of sale and business constitute all contractual terms and conditions which Filamente e.U., Wolfern Straße 46, 4400 Steyr, Austria registered in the commercial register of the Provincial Court of Steyr under FN 589169a, represented by Jonathan Amon (hereinafter referred to as “FILAMENTE”) uses towards its clients and incorporates accordingly. The following terms and conditions of sale and business are bindingly written in the German language.
The English translation is for information purposes only.
I. Terms of sale and business conditions
1. Scope of application and contractual partners
1.1 The following general terms and conditions of sale and business (hereinafter referred to as “Terms”) apply to all contracts for deliveries and services which FILAMENTE provides to its contractual partners with regard to the production of individually manufactured parts made of polymers or other materials (hereinafter referred to as “Products”). These terms and conditions are an integral part of all contracts that FILAMENTE concludes with its contractual partners for the delivery or performance of products, even if they are not separately agreed again.
1.2 Contractual partners of FILAMENTE are both consumers and entrepreneurs. A consumer within the meaning of the Consumer Protection Act (KSchG) is a person who enters into a legal transaction, i.e. makes a declaration of intent regarding a fact which cannot be attributed to his professional or commercial activity. An entrepreneur is a person for whom the transaction is part of the operation of his or her business, whereas this does not apply to a consumer.
1.3 Within the framework of these terms and conditions, in the event of a sale to entrepreneurs, supplementary and/or deviating provisions are made in individual cases which apply exclusively to the aforementioned entrepreneurs.
1.4 These terms and conditions apply to all (future) deliveries and services provided by FILAMENTE to its contractual partners, exclusively in the version valid at the time of conclusion of the contract.
1.5 In the case of entrepreneurs, the following shall apply in addition:
1.5.1 The contracting parties’ own terms and conditions of purchase and business shall not apply, even if FILAMENTE does not separately object to their application in individual cases.
1.5.2 The exclusion according to clause I. 1.5.1 also applies if FILAMENTE refers to a letter which contains or refers to terms and conditions of the Contractor or a third party.
1.6 The contracting parties can contact FILAMENTE’s customer service for questions, complaints and claims by e-mail at email@example.com. FILAMENTE will answer the questions, complaints and claims of its contract partners within 3 (three) working days at the latest.
2 Offer and conclusion of contract
2.1 The contracting party can request an offer from FILAMENTE. For this purpose, an e-mail can be sent to firstname.lastname@example.org or the Internet-based quotation creation process on the website www.filamente.at can be used. The request must be accompanied by drawings or 3D files of a product to be manufactured in any common file format. The file size must not exceed 50 MB.
2.2 Based on the request, FILAMENTE submits an offer to the contracting party. FILAMENTE is bound to this offer for seven (7) calendar days. The contractor is entitled to accept the offer within this period. The date on which FILAMENTE receives the acceptance from the contractual partner is decisive for compliance with the deadline.
The manufacturing contract is concluded when the contractual partner accepts the offer and when FILAMENTE confirms an acceptance of the offer with a corresponding order confirmation. Only an unmodified acceptance of this offer by the contracting party shall be deemed to be such an acceptance. Upon receipt of such unmodified acceptance of the offer, FILAMENTE may send a written order confirmation to the other party within 3 working days, which will result in the conclusion of the contract. Acceptance subject to extensions, limitations or other changes shall be deemed to be a rejection coupled with a new request as defined in section I. 2.1. FILAMENTE shall prepare and submit a new offer to the other party in response to such new request.
2.3 The contractual partner’s declaration of acceptance for an internet-based offer shall be made during the offer creation process by confirming the offer by clicking the button “Order with costs”. Any other declaration of acceptance by the contracting party may be made in any form, but at least in text form. With acceptance, the unrestricted legal capacity is assured.
2.4 A contract is not concluded if the request of the contractual partner refers to the production of weapons, weapon parts or other prohibited products/materials and the contractual partner has not informed FILAMENTE separately about this. Should FILAMENTE only become aware of this in the course of the production process, the production will be terminated immediately. In this case, the contractual partner has no claim to the delivery of the product and is obliged to compensate FILAMENTE for all costs incurred.
2.5 In the case of entrepreneurs, the following shall apply in addition or in deviation:
2.5.1 FILAMENTE shall be bound by the offer for seven (7) days.
2.6 If, after a technical inspection within 3 working days after receiving the acceptance of the offer from the contracting party, it is found by FILAMENTE that there is no suitable technical possibility of manufacturing the product by FILAMENTE or at manufacturers (hereinafter “partners”), FILAMENTE may withdraw from the contract without any reimbursement of costs to the contracting party.
2.7 In the event that FILAMENTE requires clarification following a technical inspection within 3 working days of receipt of acceptance of the quotation from the contractor, FILAMENTE reserves the right to extend the delivery period of the product for the duration of such full clarification. Such clarification will require the co-operation of the other party.
3. Contract manufacturing
3.1 FILAMENTE generally manufactures the products ordered by the contracting party itself, but is entitled to commission other manufacturers (hereinafter referred to as “partners“) who appear suitable with the manufacture.
3.2 FILAMENTE is entitled to commission several (different) partners with the production of the products of an order.
3.3 FILAMENTE does not need to inform the contracting partner in this respect. The contractual partner expressly agrees to the execution of the production by the partner(s). The drawings and plans submitted by the contractual partner within the scope of an enquiry may be communicated to the partner(s).
3.4 FILAMENTE is entitled to change technical details of the transmitted drawings and 3D files of the contract partner, as far as this is necessary for the production of the desired product. This concerns in particular the modification of work steps.
3.5 The property rights and/or copyrights of the contracting party exist in orders placed by the contracting party, as well as in the information, drawings, illustrations, calculations, descriptions and other documents made available to FILAMENTE. FILAMENTE may not make them accessible to third parties, nor disclose them, use them itself or through third parties or reproduce them without the express consent. Excepted from this is the making available to experts for the preparation of an offer within the meaning of clause I. 3.2 as well as partners and the duplication within this framework.
3.6 FILAMENTE does not provide the contracting party with details such as company name, address, country, etc. of individual partner(s) commissioned to manufacture the products without a separate agreement.
4. Prices and shipping costs
4.1 The prices stated in the offer include the statutory value added tax.
4.2 The place of performance is always FILAMENTE’s warehouse in Wolfern Straße 46, 4400 Steyr, Austria (hereinafter referred to as the “factory“).
4.3 Separate shipping costs will be charged for packaging and shipping to another address if not otherwise confirmed in the order confirmation.
4.4 In the case of entrepreneurs, the following shall apply in addition or in deviation:
4.4.1 In the case of entrepreneurs, the prices are shown without VAT.
4.4.2 In the case of entrepreneurs, the prices are ex works plus freight, duties, customs, insurance premiums and other third-party costs, unless otherwise confirmed in the order confirmation.
4.4.3 If later than four (4) weeks after conclusion of the contract taxes, customs duties, freight, insurance premiums or other external costs, which are included in the agreed price for entrepreneurs or newly arise, increase, FILAMENTE is entitled to a price change to the corresponding extent.
4.4.4 Furthermore, FILAMENTE reserves the right to increase the agreed price for quantities not yet delivered if, due to a change in the raw material and/or economic situation, circumstances arise which make the manufacture and/or purchase of the product concerned significantly more expensive than at the time of the price agreements. In this case, the entrepreneur may cancel the orders affected by him within four (4) weeks after notification of the price increase.
4.4.5 FILAMENTE is also entitled to an increase in the agreed price if the delivery period is subsequently extended for one of the reasons mentioned in section I. 4.4.4, the material or the design is changed because the FILAMENTE documents and /or given instructions did not correspond to the actual circumstances or were incomplete or FILAMENTE did not receive the information required for the execution of the order in good time or if the entrepreneur subsequently changes it with the mutual consent of FILAMENTE and thus causes a delay in delivery.
5 Delivery/shipping/transfer of risk
5.1 Delivery within Austria is ex works. If, at the request of the contracting party, a delivery is made to the delivery address communicated by the contracting party by means of a shipping route and/or forwarding agent and carrier to be freely determined by FILAMENTE, the price risk shall pass to the contracting party upon handover of the products to the forwarding agent or carrier. If no intention of self-collection ex works is communicated by the contracting party prior to delivery, FILAMENTE will assume the contracting party’s request in accordance with this clause. Any further liability is not assumed by FILAMENTE.
5.2 In the case of entrepreneurs, the following sections I. 5.2.1 and I. 5.2.2 shall apply with regard to the place of delivery in deviation from section I. 5.1 and in addition respectively:
5.2.1 If deliveries are to be made from the Republic of Austria to other EU member states, the contracting party must inform FILAMENTE prior to delivery of its VAT identification number under which it carries out the purchase taxation within the EU. Otherwise, the contracting party must pay the VAT amount legally owed by FILAMENTE for deliveries from FILAMENTE in addition to the agreed purchase price.
5.2.2 When invoicing deliveries from the Republic of Austria to other EU Member States, the VAT regulations of the respective recipient Member State shall apply if either the contractual partner is registered for VAT in another EU Member State or if FILAMENTE is registered for VAT in the recipient Member State.
5.2.3 When dispatching deliveries from the Republic of Austria to other non-EU member states, the contracting party should notify FILAMENTE of the goods tariff number and the purpose of consumption of the product by email to email@example.com within 2 days of acceptance of the offer.
5.2.4 When invoicing deliveries from the Republic of Austria to other EU member states, the contracting party has the obligation to send FILAMENTE the signed proof of delivery documents (e.g. proof of arrival, delivery certificates, etc.) by email to firstname.lastname@example.org within 3 working days after receipt of the goods at FILAMENTE.
5.3 Unless a fixed period or date has been agreed in writing, deliveries shall be made available or dispatched as soon as possible, at the latest, however, in the case of items available at short notice, within one (1) to three (3) weeks after receipt of payment.
5.4 In the case of entrepreneurs, the following shall apply by way of derogation from clause I. 5.3:
5.4.1 Delivery dates that have not been expressly agreed as binding are exclusively non-binding information. In the event of a binding agreement of delivery dates, these shall commence on the date of the order confirmation.
5.4.2 These delivery periods shall only apply on condition that all details of the order are clarified in good time and that all obligations on the part of the Contractor are fulfilled in good time, e.g. provision of all official certificates, provision of letters of credit and guarantees or payment of deposits.
5.4.3 The time of dispatch from the factory or warehouse is decisive for compliance with delivery periods and dates. They shall be deemed to have been met on notification of readiness for dispatch if the products have not been dispatched on time through no fault of FILAMENTE.
5.4.4 Regardless of any delivery deadlines, FILAMENTE’s delivery obligation is subject to correct and timely self-delivery, unless the incorrect or delayed self-delivery is FILAMENTE’s fault.
5.5 If, through no fault of FILAMENTE, transport by the intended route or to the intended place in the intended time becomes impossible or substantially impeded, FILAMENTE shall be entitled to deliver by an alternative route.
5.6 In the case of the company and in addition to clause I. 5.5, FILAMENTE is additionally entitled to deliver to or to another location; the additional costs incurred shall be borne by the company. The company will be given the opportunity to comment beforehand.
5.7 As far as FILAMENTE, for reasons for which it is responsible, is in default of delivery or a delivery becomes impossible, and this is not due to intent or gross negligence on the part of FILAMENTE, liability for damages is excluded except for damages arising from injury to life, body or health.
5.8 If delays in delivery are due to reasons of force majeure for which FILAMENTE is not responsible, the delivery period shall be extended accordingly. This also applies if such events have occurred during an existing delay. Force majeure shall include currency, trade policy and other sovereign measures, strikes, lockouts, operational disruptions for which FILAMENTE is not responsible (e.g. fire, machine breakdown, shortage of raw materials or energy), obstruction of traffic routes, delays in import/customs clearance as well as all other circumstances which, through no fault of FILAMENTE, make deliveries significantly more difficult or impossible. It is irrelevant whether these circumstances occur at FILAMENTE, the partner(s) or a supplier. The contract partner will be informed immediately. If the causes of the delay last longer than four (4) weeks or, in the case of entrepreneurs, longer than four (4) months after conclusion of the contract, each party is entitled to withdraw from the contract.
5.9 With the handover of the product to a forwarding agent or carrier, at the latest, however, when the product leaves the factory, the risk, including that of seizure, also in the case of carriage paid and free domicile deliveries, shall pass to the contractual partner. FILAMENTE shall only insure the product on the instructions and at the expense of the contractual partner on the basis of a separate agreement. The obligation and costs of unloading by a forwarding agent or carrier shall be borne by the contractual partner.
5.10 Limited solely to the case of the Company, the following shall apply conclusively under this clause:
5.10.1 The product is delivered packed, if customary in the trade. FILAMENTE will provide packaging, protection and/or transport aids according to its experience and at the expense of the contractor. Packaging will be taken back at FILAMENTE’s warehouse. FILAMENTE does not bear the costs for the return transport or for the disposal of the packaging.
5.10.2 FILAMENTE is entitled to make partial deliveries to a reasonable extent. Customary excess and short deliveries of the concluded quantity are permissible.
5.10.3 If the contracting party does not specify a separate delivery address prior to delivery in accordance with clause 5.1, the contracting party’s official registered office shall be deemed to be the delivery address.
6.1 If acceptance has been agreed, it can only take place in the factory immediately after notification of readiness for acceptance. The personal acceptance costs shall be borne by the contractual partner, the material acceptance costs shall be charged to him according to the FILAMENTE price list or the price list of the supplying plant.
6.2 If acceptance is not carried out, not carried out in time or not carried out completely through no fault of FILAMENTE, FILAMENTE is entitled to dispatch the product without acceptance or to store it at the expense and risk of the contracting party and to charge it to the contracting party.
7.1 Payment shall be made by bank transfer or by other means. The costs of the payment transaction shall be borne by the contracting partner. Unless otherwise agreed, the term of payment shall be fourteen (14) days from delivery to the contracting party. The contracting party shall be in default at the latest 14 days after the due date and receipt of the invoice/payment schedule.
7.2 In the case of entrepreneurs, the following shall apply in deviation from section I. 7.1 and in addition:
7.2.1 In the event of an agreed cash discount, this shall only apply to the invoice value excluding freight and shall require the full settlement of all due liabilities of the Contractor at the time of the cash discount.
7.2.2 If FILAMENTE becomes aware of circumstances which, according to FILAMENTE’s best judgement, could reduce the creditworthiness of the Contractor, FILAMENTE is entitled to refuse outstanding deliveries or to make them only against advance payment or the provision of securities. In this case, FILAMENTE is then also entitled to immediately call due all unbarred claims from the current business relationship with the entrepreneur.
7.2.3 If the payment deadline is exceeded or FILAMENTE is in default, FILAMENTE will charge interest at a rate of nine point two (9.2) percentage points above the base rate of the ECB, unless higher interest rates have been agreed between FILAMENTE and the entrepreneur. FILAMENTE reserves the right to claim further damages for delay. FILAMENTE’s claim to the commercial due date interest rate within the meaning of § 456 of the Austrian Commercial Code (UGB) remains unaffected.
7.3 The contractual partners are only entitled to a right of retention and a right of set-off insofar as their counterclaims have been legally established or are undisputed or have been recognised in writing by FILAMENTE.
7.4 Exclusively in the case of entrepreneurs, FILAMENTE is entitled to offset against all claims which the entrepreneur is entitled to against FILAMENTE, irrespective of the legal grounds. This also applies if payment in cash has been agreed by one party and payment in bills of exchange or other services on account of performance by the other party. If applicable, these claims only refer to the balance. If the claims are due at different times, FILAMENTE’s claims in this respect shall fall due at the latest when FILAMENTE’s liability falls due and shall be settled with value date.
7.5 FILAMENTE may cooperate with collection agencies, lawyers or other third parties to secure the payment of its receivables. Receivables from deliveries to contractual partners may be assigned by FILAMENTE to third parties.
8. Retention of title
8.1 All products delivered remain the property of FILAMENTE until payment is made in full (“Retained Products“).
8.2 In the case of entrepreneurs, the following shall apply in addition to clause I. 8.1:
The delivered product remains a product subject to retention of title until all claims have been fulfilled, in particular also the respective balance claims to which FILAMENTE is entitled within the scope of the business relationship (“balance retention“) and the claims which are unilaterally established by the insolvency administrator by way of choice of fulfilment. This shall also apply to claims arising in the future and conditional claims, e.g. from bills of acceptance, and also if payments are made on specifically designated claims. This reservation of balance shall finally expire upon settlement of all claims still outstanding at the time of payment and covered by this reservation of balance.
8.3 Prior to the transfer of ownership, resale, leasing, pledging, transfer by way of security, processing, other disposal or transformation is not permitted without the express consent of FILAMENTE.
8.4 In the case of entrepreneurs, the following shall apply in deviation from clause I. 8.3:
8.4.1 The processed product shall be deemed to be a product subject to retention of title within the meaning of section I. 8.1 accordingly. Whoever processes another’s product within the meaning of § 414 AGBG; whoever unites, blends or mixes it with his own, does not thereby obtain any claim to the other’s property. In the case of processing, combining and mixing of the reserved product with other products by the entrepreneur, FILAMENTE is entitled to co-ownership of the new product in proportion to the invoice value of the reserved product to the invoice value of the other goods used. FILAMENTE’s co-ownership rights shall be deemed to be a product subject to retention of title within the meaning of clause I. 8.1.
8.4.2 The company may only sell the product subject to retention of title in the ordinary course of business under its normal terms and conditions and as long as it is not in default, provided that the claims from the resale are transferred to FILAMENTE in accordance with sections I. 8.3 to 8.4.5. The entrepreneur is not entitled to dispose of the reserved product in any other way.
8.4.3 The claims from the resale of the product subject to retention of title, together with all securities that the entrepreneur acquires for the claim, are already now assigned to FILAMENTE. They serve as security to the same extent as the product subject to retention of title. If the product subject to retention of title is sold by the entrepreneur together with other products not sold by FILAMENTE, the claim from the resale is assigned to FILAMENTE in the ratio of the invoice value of the product subject to retention of title to the invoice value of the other products sold. In the case of the sale of products in which FILAMENTE has a co-ownership share according to clause I. 8.4.1, a part corresponding to the co-ownership share shall be assigned to FILAMENTE. If the reserved product is used by the entrepreneur for the fulfilment of a contract for work, the claim from the contract for work is assigned in advance to FILAMENTE to the same extent. FILAMENTE hereby already accepts the respective assignment.
8.4.4 The company is entitled to collect claims from the resale. This collection authorisation expires in the event of revocation on the part of FILAMENTE, but at the latest in the event of default of payment, non-redemption of a bill of exchange or application for the opening of insolvency proceedings. FILAMENTE will only make use of the right of revocation if it becomes apparent after the conclusion of the contract that FILAMENTE’s claim for payment from this or other contracts with the entrepreneur is endangered by the entrepreneur’s lack of ability to pay. At the request of FILAMENTE, the entrepreneur is obliged to inform his customers immediately of the assignment to FILAMENTE and to give FILAMENTE the documents necessary for collection.
8.4.5 An assignment of claims from the resale is not permitted, unless it is an assignment by way of genuine factoring, which is notified to FILAMENTE and where the factoring proceeds exceed the value of the claim secured by FILAMENTE. Upon crediting of the factoring proceeds, FILAMENTE’s claim becomes due immediately.
8.4.6 The entrepreneur has to inform FILAMENTE immediately of a seizure or other impairments by third parties. The company shall bear all costs that have to be incurred to lift the seizure or to return the products subject to retention of title, insofar as they are not reimbursed by third parties.
8.4.7 If the company is in default of payment or does not honour a bill of exchange when it is due, FILAMENTE is entitled to take back the reserved product and, if necessary, to enter the company’s premises within normal business hours for this purpose. The same shall apply if, after the conclusion of the contract, it becomes apparent that FILAMENTE’s claim for payment under this or other contracts with the company is jeopardised by the company’s lack of ability to pay. Regulations of the insolvency code remain unaffected.
8.4.8 If the invoice value of the existing securities exceeds the secured claims including ancillary claims (interest; costs, etc.) by more than 50% in total, FILAMENTE is obliged to release securities of FILAMENTE’s choice at the request of the company.
9. Quality assurance, certificates
9.1 Quality assurance on the part of FILAMENTE takes place. This takes place according to the state of the art at the time of the conclusion of the contract.
9.2 Certificates for manufactured products shall only be issued and supplied by separate agreement.
10.1 The claims of the contracting party against FILAMENTE in case of defects are basically based on the legal regulations within the legal warranty periods, as far as no deviations result from the following regulations.
10.2 Damage caused by improper measures or measures contrary to the contract by the contractual partner during installation, connection, operation or storage do not justify any claims against FILAMENTE.
10.3 In the event of a justified, timely notice of defect, FILAMENTE may, at its discretion, remedy the defect or deliver a defect-free item (subsequent performance). FILAMENTE is entitled to three (3) attempts of supplementary performance. Subsequently, the supplementary performance shall be deemed to have failed. In case of failure of the supplementary performance FILAMENTE can withdraw from the contract. The contracting party may not remedy the defect without FILAMENTE’s express consent and agreement, including consent and agreement on the cost of such remedy.
10.4 If the contractual partner is an entrepreneur in his capacity as an end customer or entrepreneur and the order is placed for his commercial enterprise, the following shall apply in deviation from section I. 10.1:
10.4.1 Material defects of the product shall be notified in writing immediately, at the latest seven (7) days after delivery, by means of a technically confirmed complaint report. Material defects that cannot be discovered within this period even with the most careful inspection must be reported in writing immediately after discovery, at the latest before expiry of the agreed or statutory limitation period, with immediate cessation of any processing.
10.4.2 After performance of an agreed acceptance of the product by the contracting party, the notification of material defects that were detectable during the agreed type of acceptance shall be excluded.
10.4.3 Claims for defects shall become statute-barred one year after receipt of the goods.
10.5 Unless otherwise agreed, FILAMENTE does not accept any quality claims regarding the fit, applicability or usability of the manufactured product or products to other items or in other items (e.g. construction or assembly groups). Any quality claims are always considered at the discretion of each product per se.
10.6 In the event of a complaint, the contractual partner has the obligation to work cooperatively with FILAMENTE to remedy the defects (e.g. provide technical information promptly, prepare defective products for collection, etc.).
10.7 Unless otherwise agreed, all claimed parts shall be prepared for collection by FILAMENTE no later than 10 calendar days after notification of a defect by the contracting party. This also understands the notification to FILAMENTE of readiness for delivery including indication of dimensions for collection.
11.1 FILAMENTE is liable for breach of contractual and non-contractual obligations, in particular due to impossibility, delay, culpa in contrahendo and tort – for acts of FILAMENTE’s executives and other agents included – only in cases of intent and gross negligence. As far as an attributable breach of duty is based on simple negligence and an essential contractual obligation is culpably violated, FILAMENTE’s liability for damages is limited to the foreseeable damage that typically occurs in comparable cases. Essential contractual obligations are those which grant the contracting parties the rights which the contract is intended to grant according to its content and purpose, in particular the obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the end customer regularly relies and may rely.
11.2 These limitations shall not apply in the case of mandatory liability, in particular under the Product Liability Act, in the case of damage to life, limb and health.
11.3 With the exception of section I. 11.1 and 11.2, FILAMENTE’s liability is otherwise excluded.
11.4 The above exclusions and limitations of liability also apply with regard to the liability of FILAMENTE’s employees, representatives and vicarious agents.
11.5 For end customers who are consumers, the statutory limitation periods shall apply. For end customers who are entrepreneurs, the general limitation period for claims arising from material defects and defects of title shall be one year from delivery, in deviation from § 933 AGBG. If acceptance has been agreed, the limitation period shall begin with acceptance.
11.6 FILAMENTE is not liable for any damages caused by delay in delivery of the product, including the additional costs incurred by the contracting party through replacement production of the same product.
12.1 The contracting parties shall be entitled to withdraw from the contract by registered letter if there are important reasons (e.g. breach of essential contractual provisions, default in payment despite a grace period of at least 14 days).
12.2 If circumstances exist which make the fulfilment of the contract unreasonable for the contracting parties, even temporarily, they shall have the right to withdraw from the contract.
12.3 If a contract has already been concluded for orders in accordance with section I. 2.4, the contracting parties may withdraw from the contract if they recognise the illegality even after the contract has been concluded. In this case, however, they shall be obliged to reimburse all costs incurred.
13. Return of the workpieces
13.1 The contracting parties shall not have the right to return the workpieces, as they have been individually manufactured on the basis of the CAD files, plans or drawings provided by the client.
14. Final provisions
14.1 Applicable law / place of jurisdiction
The law of the Republic of Austria shall apply. The place of jurisdiction shall be Steyr, insofar as this is legally permissible.
14.2 Language of the contract
All communication within the framework of the declarations relevant to the contract shall take place in German.
14.3 Publication policy
FILAMENTE retains the rights to publish the images of the manufactured products commissioned by the contracting party on the websites and presences in social networks without prior consent from the contracting party, if there are no trademarks (logotypes or names) on the image or readable in any other form on the product and the product itself does not publish its intended use or function. In all other cases FILAMENTE shall seek the consent of the contracting party prior to any publication.
14.4 Ancillary agreements/written form
There are no verbal ancillary agreements. Amendments to these terms and conditions must be made in writing. This also applies to the waiver of the written form.
14.5 Ineffectiveness of individual clauses
Should individual provisions of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions. In the event of an invalid provision, FILAMENTE and the respective contractual partner undertake to agree on such a provision that comes as close as possible to the economic sense and purpose of the invalid provision. The same applies to any loopholes. The contracting parties can reach FILAMENTE’s customer service for questions, complaints and objections by e-mail at email@example.com. FILAMENTE will answer the questions, complaints and claims of its contracting parties within 3 (three) working days at the latest.