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Terms & Conditions

Data Protection Policy
Shift GmbH, Zwickauer Str., 45, DE-04639, Goessnitz, Germany

The responsible entity in the meaning of §§ 3 Para. 7 and 4 Para. 3 of the Federal Data Protection Law [Bundesdatenschutzgesetz] is Shift GmbH, represented by its Managing Directors, Mr Albert Belousov and Mr Dmitry Kafidov, Zwickauer Str., 45, Gößnitz, 04639, Germany.

We collect and record data received from our customers and suppliers. This data comprises personal data of customers and/or data of a company with which we have a business relationship. This may also include usage data such as IP addresses.

This data serves to help us fulfill orders received from customers for their benefit. It is necessary that data from customers be shared with companies fulfilling orders on our behalf. This concerns in particular the transferring of drawings and/or construction diagrams, as well as object descriptions.

Other than for order fulfillment, we also use customer data in the course of engaging third parties for carrying out tasks such as delivering packages, processing payments, etc. Insofar as such third parties receive personal data of customers and/or other companies, this information may not be further disseminated.

The customer and/or the company has the right to receive, at any time, without specific cause, and at no cost, information concerning its data stored in our systems. The customer and/or company may at any time demand the blocking, correction, or deletion of the data collected by us. The declaration of consent provided to us for the collection or usage of data may be revoked at any time, without need for specific cause, by contacting the responsible entity.

We have taken extensive technical and operational security precautions in order to protect your personal data on file with us against unauthorized access and misuse. Our safety procedures for protecting against damage, destruction, and unauthorized access are regularly evaluated and updated in accordance with the state of the technological art.

We save the contract text and send you the ordering information via e-mail. The Terms and Conditions can be viewed at any time at www.xometry.de/en/conditions.

This website contains links to external sites. If you click on these links, the IP address will generally also appear on the access logs of these websites. This data protection declaration is valid only for this website, and not for websites belonging to third parties.

A cookie is a piece of data stored on the user's computer tied to information about the user. This website may use both session ID cookies and persistent cookies. For session ID cookies, once you close your browser or log out, the cookie terminates and is erased. A persistent cookie is a small text file stored on your computers hard drive for an extended period of time. Your browser help file contains information and instructions for removing persistent cookies.

Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. (Google). Google Analytics uses cookies, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the website provider Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore you can prevent Google's collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available underhttps://tools.google.com/dlpage/gaoptout?hl=en-GB.

Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html. Please note that on this website, Google Analytics code is supplemented by gat._anonymizeIp(); to ensure an anonymized collection of IP addresses (so called IP-masking). Source (http://www.datenschutzbeauftragter-info.de)

Yandex Metric
This website uses Yandex.Metrica web analytics provided by YANDEX LLC, 16, Leo Tolstoy St., Moscow, 119021, Russia (hereinafter referred to as the “Yandex”).

Yandex.Metrica uses “cookies”, small text files placed on users’ computers to analyze user activity.

Information collected by cookies does not reveal your identity, but it can help us to improve our website performance. Information about your use of this website collected by cookies will be transferred to Yandex and stored on Yandex’s server in the EU and the Russian Federation. Yandex will process this information to assess how you use the website, compile reports for us on our website operation, and provide other services. Yandex processes this information as specified in the Terms of Use of Yandex.Metrica Service.

You can opt out of using cookie files by choosing the corresponding settings in your browser. You can also use the tool https://yandex.com/support/metrika/general/opt-out.html . However, it can affect some website functions. By using this website, you agree that Yandex can process your data in the above manner and for the above purposes.

Amplitude
Specific part of this website ( "Partners Area" section ) uses Amplitude web analytics provided by Amplitude, Inc., 501 2nd Street, Suite 100, San Francisco, CA 94107, USA (hereinafter referred to as the “Amplitude”).

Amplitude uses “cookies”, small text files placed on users’ computers to analyze user activity. Information is collected only in "Partners Area" where all users are authorized with their login and password. So, your identity (namely company name, user name and email address) is stored along with your actions on the "Partners Area" section of the website for the reasons to examine UX and to improve our website performance. Information about your use of this website collected by cookies will be transferred to Amplitude and stored on Amplitude's server in the EU and United States. Amplitude will process this information to compile reports for us on our website operation, and provide other services. Amplitude processes this information as specified in the Terms of Use of Amplitude Service.

No other parts of the our website, except Partners Area collect any data with Amplitude Service. By using the Partners Area of this website, you agree that Amplitude can process your data in the above manner and for the above purposes.

Terms and Conditions
of SHIFT GmbH, Zwickauer Straße, 45, 04639, Gößnitz, Germany (further referred to as Xometry Europe ) for the production and delivery of products and services.

General Terms and Conditions
Xometry Europe accepts enquiries from customers through the websites (https://xometry.de/ and others) with the information provided in the enquiries.

Once a customer has made an enquiry of Xometry Europe, Xometry Europe determines whether the requested product is technically feasible. If Xometry Europe considers the product technically infeasible, or if there are doubts on the matter, Xometry Europe will inform the customer thereof directly. Under no circumstances will Xometry Europe determine whether the requested product in the form desired by the customer is usable for the purposes of the customer. Xometry Europe then offers the manufacturing of the desired product to the customer at a particular price. The customer then has the opportunity to accept or reject this offer. With the acceptance by the customer, the contract between the customer as Principal and Xometry Europe as Contractor becomes effective.

Xometry Europe is entitled to have the orders placed with and executed by other parties; no notification of such outsourcing needs to be provided to the Principal.

Xometry Europe notes that the manufacture of parts intended for or capable of being used in weapons violates statutory prohibitions, and is therefore void in accordance with § 135 BGB [the German Civil Code]. If Xometry Europe becomes aware that an order involves the production of such parts, all activities related to the invalid order shall be terminated immediately.

Payment
After acceptance by the Principal, Xometry Europe will generate an invoice for the amount of the order. The payment date will be stated on the invoice. The customer is obligated to pay the amount of the invoice to Xometry Europe, in full and without additional cost to Xometry Europe.

If a customer wishes to dispute an invoice, the notice of a such must be made in writing or via email within 8 days of receipt of the disputed invoice.

Delivery
Xometry Europe shall not be responsible for delays in the delivery of goods or performance of contractual obligations resulting from force majeure or from circumstances making delivery significantly more difficult or impossible for Xometry Europe (in particular, war or states of emergency, civil unrest, labour disputes, lockouts, decrees by public authorities, raw material shortages, or sickness, whether affecting Xometry Europe or its suppliers), even in the case of dates and deadlines agreed with binding effect. Such circumstances entitle Xometry Europe to delay delivery for the period such circumstances are in effect, plus a reasonable warm-up period, or to abrogate the contract in whole or in part. This also applies in the event that the delay in delivery is due to the actions of Xometry Europe's suppliers, provided that Xometry Europe makes reasonable efforts to ensure immediate delivery.

In cases in which Xometry Europe makes uses of its right to abrogate the contract for the reasons given above, Xometry Europe is only obligated to repay the amount that had already been remitted. All other claims are excluded.

Delivery shall be carried out through shipment to the delivery address provided by the Principal. Xometry Europe's obligations shall be fulfilled once the properly packaged item to be delivered is handed over to the transport company. Shipment shall constitute delivery, and thus the fulfilment of Xometry Europe's contractual obligations.

Claims in the event of defects
The Principal is obligated to examine the delivered product for defects promptly after receipt. Any defects must be promptly reported to Xometry Europe by the Principal in writing or by email, at the latest 8 days after receipt of delivery. Rejected parts are to be sent free of charge to Xometry Europe for evaluation.

In the event that a defect is found, Xometry Europe has the right to undertake subsequent performance. Xometry Europe may elect to remedy the defect by means of reworking or replacement. Xometry Europe shall be permitted three attempts to remedy a defect. The obligation to remedy defects shall be void if the defective part or parts have been modified by the Principal or by third parties, or have been subjected to attempts at temporary repair. The Principal shall be responsible for costs incurred by Xometry Europe resulting from spurious warranty claims.

Xometry Europe's obligation to fulfil warranty claims shall, in any event, be limited to the obligation to remedy the defect in-house or by a company engaged by Xometry Europe for such purpose. If the reworking or replacement fails to be completed within a reasonable period, the Principal is entitled to rescind the request or demand a reduction in price.

The costs for remediation of legitimate defects, including costs for shipping, shall be borne by Xometry Europe.

The Principal's right to assert warranty claims against Xometry Europe expires one year after the delivery date.

Liability
Xometry Europe shall not be liable for losses resulting from the proper use of a defective product unless the product defect resulted from gross negligence or tortuous conduct on the part of Xometry Europe or its employees or suppliers, or from the simply negligent violation of a material contractual obligation.

Xometry Europe shall not be liable for the use as intended by the Principal of the product manufactured in accordance with the Principal's specifications. Accordingly, Xometry Europe shall also not be liable for losses resulting from the use in accordance with the Principal's intentions of the product manufactured to the Principal's specification in the event that losses resulting from such use.

Compensation for damages shall in all cases be limited to the number of losses that are typical and foreseeable.

Information, technical descriptions, and recommendations in writing form or as an image from Xometry Europe, whether publicly available or provided personally, as well as verbal or telephonic replies to questions of all types, are made to the best of Xometry Europe's knowledge and belief but are without obligation. No liability attaches to Xometry Europe as a result of such communications.

Reservation of property rights
Xometry Europe shall retain ownership of all parts manufactured by Xometry Europe or on its behalf until all claims arising from the business relationship have been settled in full. If Xometry Europe's ownership rights are merged with others' as a result of incorporation, amalgamation, or processing, Xometry Europe shall become a co-owner of the item into which the items supplied by Xometry Europe have been incorporated or amalgamated or into which they have been processed, in proportion to the value of the items supplied.

Publication policy
Xometry Europe shall retain the rights to publish images of the produced product ordered by Principal on Xometry Europe’s websites and social accounts without prior request of the Principal if no trademark (logo or name) is presented on the image nor in any way readable on the product and the product itself doesn’t disclose its application and function. In all other cases, Xometry Europe will request the Principal’s permission before any publications.

Offsets and retention rights
Xometry Europe shall have a right of retention to all the Principal's parts for all claims arising from the relevant order.

This right of retention also arises if claims from previously completed orders remain unsettled.

The Principal may not offset claims for payment vis-à-vis Xometry Europe or assert a right of retention unless the Principal's claims are not disputed or have been established with legally binding effect.

Other provisions
The place of jurisdiction for disputes arising under this agreement shall be the city of Jena in the Federal Republic of Germany.

This agreement shall be governed by the laws of the Federal Republic of Germany.

Claims of the Principal arising from this agreement may not be transferred or assigned unless such claims are undisputed or have been established with legally binding effect.

If individual provisions of this agreement shall become or be found to be invalid, or should their validity be excluded by agreement, the validity of the remaining provisions shall remain unaffected thereby. Should individual provisions become or be found to be ineffective, the parties shall be obligated to agree upon a term or terms corresponding most closely to the ineffective provision(s).

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