Automate Sales GmbH

Operating as: Automate Concept / Automate

Felix-Wankel-Straße 5
Heidelberg, 69126
Germany
Website: automateconcept.com

Last Updated:

May 20, 2025

1. INTRODUCTION

1.1 These Terms and Conditions ("Terms") govern the relationship between Automate Sales GmbH, operating under the brand name "Automate Concept" or "Automate" ("Company", "we", "us", or "our"), and the individuals or entities ("Customer", "you", or "your") who purchase our 3D phone case printer vending machines ("Machines").

1.2 By purchasing our Machines, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not purchase our Machines.

1.3 We reserve the right to modify these Terms at any time. Any modifications will be effective immediately upon posting on our website. Your continued use of our Machines following the posting of revised Terms means that you accept and agree to the changes.

2. MACHINE PURCHASE

2.1

Order Process: To purchase a Machine, you must submit an order through our website or authorized representatives. All orders are subject to acceptance by us. We reserve the right to refuse any order for any reason.

2.2

Pricing: The price of the Machines will be as quoted on our website or by our authorized representatives. Prices are exclusive of taxes, delivery charges, and installation fees unless otherwise stated.

2.3

Payment Terms: Payment terms are as follows:
a) A non-refundable deposit of 30% of the total purchase price is required upon order confirmation.
b) The remaining balance is due prior to shipment of the Machine.
c) All payments must be made in the currency specified in the invoice.
d) Late payments may incur interest at a rate of 5% per annum above the base rate of the European Central Bank.

2.4

Delivery and Installation:
a) Delivery times are estimates only and are not guaranteed.
b) Risk of loss or damage to the Machines passes to you upon delivery.
c) Installation services are available at additional cost.
d) You are responsible for ensuring that the installation location meets all requirements specified by us.

3. OPERATION OF MACHINES

3.1

Authorized Use: You agree to use the Machines solely for the purpose of printing and selling 3D phone cases to end users in accordance with all applicable laws and regulations.

3.2

Location: You are responsible for securing appropriate locations for the Machines, including obtaining all necessary permits, licenses, and authorizations required for the operation of the Machines.

3.3

Maintenance and Support:
a) You are responsible for the day-to-day maintenance of the Machines as outlined in the user manual.
b) Technical support is provided according to the service package purchased.
c) We will provide software updates and maintenance as necessary.

3.4

Supplies: You agree to purchase supplies for the Machines exclusively from us or our authorized suppliers, unless otherwise agreed in writing.

3.5

Revenue Sharing

: If applicable, revenue sharing arrangements will be governed by a separate agreement.

4. PROPRIETARY RIGHTS

4.1

Intellectual Property: All intellectual property rights in the Machines, software, designs, and related materials are owned by us or our licensors. You do not acquire any ownership rights in such intellectual property.

4.2

Software License: We grant you a non-exclusive, non-transferable license to use the software embedded in the Machines solely for the purpose of operating the Machines.

4.3

Brand Usage: You may use our trademarks and brand elements solely in connection with the operation and marketing of the Machines, and only in accordance with our brand guidelines, which will be provided separately.

5. WARRANTIES

5.1

Limited Warranty: We warrant that the Machines will be free from defects in materials and workmanship for a period of 12 months from the date of delivery ("Warranty Period").

5.2

Warranty Exclusions: The limited warranty does not cover:
a) Normal wear and tear;
b) Damage caused by improper use, negligence, or failure to follow operating instructions;
c) Unauthorized modifications or repairs;
d) Use of unauthorized supplies or parts;
e) Damage caused by external factors such as power surges, water damage, or extreme environmental conditions.

5.3

Warranty Claims: To make a warranty claim, you must notify us in writing within the Warranty Period, providing details of the defect and proof of purchase. Our sole obligation under this warranty is, at our option, to repair or replace the defective Machine or component.

5.4

Disclaimer: EXCEPT FOR THE EXPRESS WARRANTIES STATED ABOVE, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

6. LIABILITY

6.1

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE MACHINES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE MACHINE GIVING RISE TO THE CLAIM.

6.2

Exclusion of Consequential Damages: IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.3

Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

7. INDEMNIFICATION

7.1 You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:
a) Your use or operation of the Machines;
b) Your breach of these Terms;
c) Your violation of any law or the rights of a third party; or
d) Any products sold through the Machines.

8. TERM AND TERMINATION

8.1

Term: These Terms commence upon your purchase of a Machine and continue until terminated as provided herein.

8.2

Termination by Us: We may terminate these Terms immediately if:
a) You fail to make any payment when due;
b) You breach any material provision of these Terms;
c) You become insolvent, file for bankruptcy, or are subject to similar proceedings.

8.3

Effect of Termination: Upon termination:
a) All licenses granted under these Terms will immediately terminate;
b) You must cease all use of our software and intellectual property;
c) You remain responsible for any outstanding payments.

9. CONFIDENTIALITY

9.1 You agree to maintain the confidentiality of any proprietary or confidential information disclosed to you in connection with the purchase or operation of the Machines, including but not limited to technical specifications, business plans, and pricing information.

10. DATA PROTECTION

10.1 Each party shall comply with all applicable data protection laws and regulations.

10.2 We will collect, use, and process personal data in accordance with our Privacy Policy, available on our website.

11. GENERAL PROVISIONS

11.1

Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without your consent to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

11.2

Entire Agreement: These Terms constitute the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous oral or written agreements and understandings.

11.3

Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent possible under law.

11.4

No Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

11.5

Notices: All notices must be in writing and will be deemed given when delivered personally, electronically, or by mail to the address provided by the recipient party.

11.6

Relationship of Parties: Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and us.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without giving effect to any principles of conflicts of law.

12.2

Dispute Resolution: Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Heidelberg, Germany.

12.3

Legal Compliance: You are responsible for complying with all local laws and regulations applicable to the operation of the Machines in your jurisdiction.

13. CONTACT INFORMATION

13.1 If you have any questions about these Terms, please contact us at:

Automate Sales GmbH
Felix-Wankel-Straße 5
Heidelberg, 69126
Germany
Email: [email protected]
Phone: +49 176 84181872

BY PURCHASING OUR MACHINES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.