Terms and conditions

Section 1 Scope, provider

(1) These general terms and conditions ("Terms") apply to all contracts for the manufacture and delivery of sculptures and kits of the Metalsculpta brand concluded via the configurator at konfigurator.metalsculpta.com (also embedded on metalsculpta.com). They apply accordingly to contracts based on an individual offer (for example following an inquiry via the inquiry form), unless otherwise agreed in the offer.

(2) The provider and your contracting party is fexon e.K., owner Christian Fischer, An der Eisbahn 8, 07973 Greiz, Germany ("we"). Metalsculpta is a brand of fexon e.K. Full provider details are available in our legal notice.

(3) A customer within the meaning of these Terms may be either a consumer (Section 13 of the German Civil Code, BGB) or a trader (Section 14 BGB). Where a provision applies to only one of these groups, this is expressly stated. Deviating terms of a trader do not become part of the contract unless we expressly agree to their validity in text form.

Section 2 Subject matter

(1) We manufacture animal sculptures from 1.5 mm sheet steel (Corten steel or stainless steel 1.4301) as a figure or a wall head, individually to your design. You choose the version:

• fully welded: we laser-cut, bend and weld the parts in our workshop in Greiz and deliver the finished sculpture;
• kit: we deliver all parts laser-cut, bent and engraved with a number; you do the welding yourself (see Section 9).

(2) Manufacture is based exclusively on the 3D model you approved in the configurator and the details on form, height, material and version selected when ordering, as shown in the order summary.

(3) The concept images shown in the configurator are generated with the help of artificial intelligence. They illustrate possible designs and are not part of the agreed quality. Only the approved 3D model is decisive. We do not owe a photographically exact reproduction of your animal; the sculpture is an artistic interpretation made of flat facets.

(4) The price shown in the configurator is calculated automatically from the 3D model and the selected details.

Section 3 Designs in the configurator, rights to your templates

(1) Creating designs in the configurator is free of charge and non-binding for you. We may limit the number of designs per user or IP address and period.

(2) You warrant that you hold the necessary rights to the photos and descriptions you upload, that their use for design and manufacture does not infringe any third-party rights (in particular copyright, trademark and personality rights) and that they do not contain any unlawful content. Where possible, upload photos in which no people can be recognised.

(3) If the customer is a trader, they shall indemnify us against third-party claims based on a breach of the warranty in paragraph 2. For consumers, the statutory provisions apply in this respect.

(4) We may refuse to create or manufacture a design if there are indications of an infringement of rights or of unlawful, offensive or objectionable content.

Section 4 Conclusion of contract

(1) The presentation in the configurator does not constitute a binding offer, but an invitation to you to submit an offer.

(2) After approving the 3D model, you place the sculpture in the shopping cart and enter your details at checkout. Before submitting, you see a summary of your order and can correct input errors using the "back" buttons or by changing the input fields. By clicking the "Order with obligation to pay" button, or by completing the payment process, you submit a binding offer to conclude a contract.

(3) The contract is not concluded merely upon payment. We first confirm receipt of your order by email; this acknowledgement of receipt does not yet constitute acceptance of your offer.

(4) The contract is only concluded once we expressly accept your offer – by a separate order confirmation in text form or by dispatching the goods.

(5) We may decline your offer within five working days of receipt of the order. This period serves the review under Section 5.

(6) The contract languages are German and English; the language in which you place your order is decisive. We store the contract text (order data and the Terms applicable at the time of the order). You receive the order data by email; you can view and save these Terms on this page at any time.

Section 5 Review before manufacture, withdrawal from the contract and refund

(1) Before manufacture begins, we personally review every order for technical feasibility and for the plausibility of the automatically calculated price.

(2) We are entitled to decline your offer or to withdraw from the contract if

• a) the approved 3D model cannot be manufactured technically, or not in the ordered quality, size or stability,
• b) the selected material is not available,
• c) the automatic calculation was recognisably incorrect and the calculated price is clearly disproportionate to the actual effort,
• d) there are indications within the meaning of Section 3(4).

(3) In these cases we inform you without undue delay and before manufacture begins. If no agreement is reached on an amended version or an adjusted price, we refund the amount already paid in full using the same means of payment you used, unless otherwise agreed. There are no further claims in this case, unless we have acted with intent or gross negligence; this does not apply to claims for injury to life, body or health or to claims under the German Product Liability Act. Liability under Section 11 remains unaffected.

Section 6 Prices and payment

(1) The prices shown in the configurator at the time of the order apply. For consumers, these are final prices including statutory VAT; for traders, net prices plus statutory VAT are shown.

(2) Packaging and shipping costs are shown separately during the ordering process before you submit your order.

(3) Payment is made in advance using the payment methods offered at checkout (depending on availability: credit card, Klarna, Google Pay and Apple Pay via Stripe, and PayPal). Manufacture begins after receipt of payment and completion of the review under Section 5.

Section 7 Delivery and passing of risk

(1) We deliver to the countries the configurator offers as delivery countries before you submit your order. Details are available on the shipping page. For other delivery countries and for sculptures over 2 m, please send us an inquiry.

(2) The delivery time is [delivery time to follow] after receipt of payment, unless otherwise stated in the order or agreed in the individual case.

(3) Depending on size and weight, we deliver as a parcel or by freight carrier. [Handover conditions for delivery by freight carrier to follow]

(4) If the customer is a consumer, the risk of accidental loss and accidental deterioration only passes upon handover of the goods to them or a recipient named by them. If the customer is a trader, the risk passes upon handover to the transport company.

(5) If delivery is delayed for reasons beyond our control (in particular force majeure, material shortages, operational disruptions), the delivery time is extended appropriately. We will inform you without undue delay.

(6) Please have obvious transport damage noted by the delivery driver immediately where possible and report it to us with photos at info@metalsculpta.com. Your statutory rights as a consumer are not restricted if you do not do so.

Section 8 Quality and tolerances

(1) Each sculpture is a handcrafted one-off. Manufacturing-related deviations from the 3D model caused by welding distortion, bending angles and springback of the sheet metal are not a defect, provided they do not significantly change the overall shape. [Dimensional tolerance to follow]

(2) Corten steel forms a rust-brown protective patina in the air, which changes and darkens over time. The colour and development of the patina are natural and not a defect. Initially, rain may wash out rust particles that can stain light surfaces such as stone slabs; please therefore place the sculpture on gravel or a suitable base.

(3) Stainless steel 1.4301 has a brushed surface. Grinding marks, temper colours and slight discolouration around welds and cut edges are manufacturing-related and not a defect.

(4) Cut edges have a manufacturing-related striated structure and possibly a slight burr.

(5) You are responsible for setting up and fixing the sculpture securely (ground, anchoring, wind load, wall mounting of wall heads), unless we have expressly undertaken the installation.

Section 9 Kit: scope of delivery and safety information

(1) The kit contains all parts of your sculpture, laser-cut, bent and engraved with a number. Assembly and welding instructions are enclosed or provided to you digitally. A welding machine and tools are not included.

(2) Welding 1.5 mm sheet steel requires welding experience and suitable equipment. Please note:

• Sharp edges: sheet-metal parts may have sharp edges and burrs. Wear protective gloves when unpacking and working with them.
• Eye protection: wear safety glasses or a welding shield when grinding, deburring and welding.
• Welding only with expertise: only weld if you are familiar with the welding process, and only with suitable protective equipment (welding helmet, protective gloves, flame-retardant clothing) and adequate ventilation or extraction.
• Fire hazard: remove flammable materials from the work area and keep a suitable extinguishing agent at hand. Workpieces stay hot for a long time after welding.
• Keep away from children: store the parts out of the reach of children. The kit is not a toy.
• Stability: before setting up, check that all seams are fully welded and that the sculpture stands or hangs securely.

(3) We are not liable for damage caused by improper assembly, processing or use of the kit, unless it is due to a defect in the parts delivered or in the instructions. Liability under Section 11 remains unaffected. The warranty under Section 10 covers the parts delivered, not the result of your own welding work.

Section 10 Warranty

(1) The statutory rights in respect of defects apply.

(2) If the customer is a trader, the limitation period for claims for defects is one year from delivery; this does not apply to claims for damages under Section 11(1). For consumers, the statutory period of two years applies.

(3) If the customer is a merchant (Kaufmann), they must inspect the goods without undue delay after receipt and report recognisable defects without undue delay in text form (Section 377 of the German Commercial Code, HGB).

Section 11 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee we have given.

(2) In the event of a slightly negligent breach of an essential contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely), our liability is limited to the foreseeable damage typical for the contract at the time the contract was concluded.

(3) Otherwise, our liability for slightly negligent breaches of duty is excluded.

Section 12 Retention of title

(1) The goods delivered remain our property until paid in full.

(2) If the customer is a trader, we retain title until all claims arising from the ongoing business relationship have been settled in full.

Section 13 Rights to designs and models

(1) We create the concept images, 3D models, part breakdowns and manufacturing data generated in the configurator. To the extent that rights arise in them, they belong to us. Upon delivery you acquire ownership of your sculpture and may show, photograph, exhibit and resell it.

(2) Reproducing the sculpture or using the manufacturing data for further copies is not permitted without our consent.

(3) We only show photos of your sculpture or your design, for example in our gallery, with your express consent.

Section 14 Dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Section 15 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is our place of business in Greiz, Germany.

(3) Should any provision of these Terms be invalid, the validity of the remaining provisions remains unaffected.

Information on the right of withdrawal

This information on the right of withdrawal is addressed exclusively to consumers within the meaning of Section 13 BGB. Traders within the meaning of Section 14 BGB have no statutory right of withdrawal.

No right of withdrawal for goods made to your design

Every sculpture and every kit is manufactured exclusively according to the 3D model you designed and approved in the configurator and the details you selected on form, height, material and version. They are therefore goods that are not prefabricated and for whose manufacture your individual selection or specification is decisive. For such contracts, the right of withdrawal is excluded under Section 312g(2) No. 1 BGB.

The exclusion already applies to the contract for manufacture and not only from the start of manufacture. Confirming this notice at checkout documents that you took note of it before submitting your order; it is not the legal basis of the exclusion.

Precautionary withdrawal information

The following information only applies if, exceptionally, a consumer contract for goods is concluded to which the statutory exclusion above does not apply. We reproduce it in the wording of the statutory model.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. Where multiple goods ordered in one order are delivered separately, the period expires after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right of withdrawal, you must inform us

fexon e.K., An der Eisbahn 8, 07973 Greiz, Germany
Telephone: +49 3661 4555881
Email: info@metalsculpta.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us at fexon e.K., An der Eisbahn 8, 07973 Greiz, Germany, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

You will have to bear the direct cost of returning the goods. For goods which, by their nature, cannot normally be returned by post, the direct cost of returning the goods is [estimate of return costs for freight goods to follow].

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To fexon e.K., An der Eisbahn 8, 07973 Greiz, Germany, email: info@metalsculpta.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*)
Ordered on (*) / received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date

(*) Delete as appropriate.

Review before manufacture and full refund

The exclusion of the right of withdrawal does not affect the review under Sections 4 and 5 of these Terms. If the review shows that your sculpture cannot be manufactured, or not as ordered, we inform you before manufacture begins. If no agreement is reached on an amended version or an adjusted price, we refund the amount already paid in full using the same means of payment. This refund is not a withdrawal and exists independently of the statutory right of withdrawal.