Terms of service

Terms and Conditions – NEXT Filaments

Section 1 Formation of the contract

  1. The presentation of goods in our online shop does not constitute a legally binding offer, but an invitation to the customer to submit a binding offer to purchase. By submitting an order, the customer makes a binding offer to purchase the goods in the cart.
  2. We accept the offer by an express order confirmation by email or by delivering the ordered goods. An email merely acknowledging receipt of the order does not yet constitute binding acceptance.
  3. The customer’s contracting party is exclusively the provider identified in the legal notice of the NEXT Filaments online shop. The shop operates using the Shopify platform. Shopify is neither the seller nor a party to purchase contracts concluded through our shop.
  4. We endeavour to present our products as accurately as possible. Actual colours may differ slightly from the online display because of screens, devices, display settings or lighting. Statutory rights concerning defects and expressly agreed characteristics of the goods remain unaffected.

Section 2 Prices and payment

  1. The total prices displayed in the online shop apply to consumers. Any additional shipping costs are shown separately in the shop or, at the latest, during checkout.
  2. Our claims become due upon delivery of the goods to the customer and are payable in euros without deduction. Available payment methods are shown during checkout.
  3. The customer may offset claims only if their counterclaim has been finally established by a court or is undisputed. This restriction does not apply to a counterclaim arising from a defect under the same contractual relationship as our claim.
  4. The customer may exercise a right of retention only insofar as their counterclaim arises from the same contractual relationship.

Section 3 Delivery

  1. Delivery is made to the address supplied by the customer during checkout unless otherwise agreed.
  2. We may make partial deliveries where reasonable for the customer. Partial deliveries may be invoiced separately.
  3. Statutory rules on transfer of risk apply to consumers. In particular, where we arrange shipment, the risk of accidental loss or accidental deterioration of the goods generally does not pass to the consumer merely when the goods are handed to the carrier.

Section 4 Retention of title

We retain ownership of delivered goods until payment has been made in full.

Section 5 Claims in the event of defects

  1. Consumers have statutory rights in the event of defective goods.
  2. For customers who are not consumers, the following also applies:

We may choose to remedy the defect or supply replacement goods as supplementary performance.

Section 6 Liability for damages and expenses

  1. We have unlimited liability for intent, gross negligence, absence of a guaranteed characteristic, damage resulting from injury to life, body or health, and liability under the German Product Liability Act.
  2. For slightly negligent breaches of essential contractual duties, particularly the duty to deliver on time and without defects, our liability is limited to foreseeable damage typical of the contract.
  3. Our liability for slightly negligent breaches of non-essential contractual duties is excluded.
  4. These provisions apply correspondingly to liability for reimbursement of wasted expenses.

Section 7 Limitation periods for defect and compensation claims

  1. Statutory rules apply to consumers.
  2. For customers who are not consumers, the limitation period for claims arising from a defect is one year. This does not apply where longer statutory periods are mandatory.
  3. The shorter limitation period also does not apply to claims for damages or expenses concerning injury to body or health, or based on intent or gross negligence.

Section 8 Consumers’ right of withdrawal

1. General right of withdrawal

Consumers generally have a statutory right of withdrawal for distance contracts.

The withdrawal period is generally 14 days. Details of its start and duration, how to exercise the right, the effects of withdrawal and returning goods are set out in our separate withdrawal instructions.

The following provisions supplement those instructions and do not restrict consumers’ statutory rights.

2. Exclusion for individually manufactured products

The right of withdrawal does not apply to contracts for goods that are not prefabricated and whose production is determined by an individual choice or decision by the consumer, or that are clearly personalised to the consumer’s needs.

This applies in particular to products manufactured specifically for a customer following an individual order or individual specifications, where the statutory conditions for excluding the right are met.

Merely choosing between our standard product variants does not in itself exclude the statutory right of withdrawal.

3. Inspection of goods and diminished value

The consumer must compensate for diminished value of the goods if:

a) the loss in value results from handling beyond what is necessary to establish the goods’ nature, characteristics and functioning; and

b) the consumer was properly informed about their right of withdrawal.

The standard for necessary inspection is, in particular, how a consumer would be permitted to examine comparable goods in a physical shop.

Handling beyond this may therefore lead to a statutory obligation to compensate for any resulting diminished value.

4. Specific provisions for filament

Inspection of filament is generally limited to the examination that would be possible and permitted before purchase in a physical shop.

Opening outer shipping packaging where necessary to inspect the ordered goods remains unaffected.

Opening or removing the actual airtight or vacuum packaging of a filament spool generally goes beyond simple inspection insofar as this would not be permitted before purchase in a physical shop.

This applies in particular to:

  • opening or removing the spool’s vacuum packaging;
  • loading or feeding filament into a 3D printer or comparable device;
  • extruding the filament;
  • carrying out a test print;
  • cutting or otherwise taking filament for use;
  • printing with or consuming some or all of the filament.

Printing with or consuming even a small amount of filament generally goes beyond the inspection that would be permitted in a physical shop before purchase.

If handling beyond the necessary inspection causes diminished value, the consumer must compensate for it in accordance with statutory provisions.

Compensation is based on the actual loss in value. In particular, opening or using the goods alone does not automatically establish a claim for compensation equal to the full purchase price.

The statutory right of withdrawal itself does not expire for ordinary filament merely because its vacuum packaging has been opened or the filament used. The statutory conditions for compensation for diminished value remain unaffected.

5. Defective goods

The provisions above on withdrawal and diminished value do not restrict the customer’s statutory rights concerning defects.

If the filament is defective, statutory rights concerning defects apply under their statutory conditions regardless of prior opening or use.

Section 9 Applicable law

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
  2. If the customer is a consumer habitually resident in another country, this choice of law does not affect protection afforded by mandatory provisions of that country’s law that cannot be derogated from by agreement.

Section 10 Final provisions

  1. If the customer is a merchant, a legal entity under public law or a special fund under public law, our registered office is the agreed place of jurisdiction for all disputes arising from or connected with the contractual relationship.

This also applies where the customer has no general domestic place of jurisdiction, moves their domicile or habitual residence abroad after concluding the contract, or neither their domicile nor habitual residence is known when proceedings are brought.

We may, however, also bring proceedings at the customer’s registered office.

  1. If a provision of these Terms and Conditions is or becomes invalid, the validity of the remaining provisions is unaffected.
  2. Unless participation is legally required, we are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.