General Terms and Conditions (B2B) of Scanmore GmbH for scanmotion.de

1. Scope of Application

(1) These General Terms and Conditions apply to all contracts, deliveries, and services provided by Scanmore GmbH via the website scanmotion.de to entrepreneurs, legal entities under public law, and special funds under public law.

(2) Consumers are excluded from commissioning services.

(3) Conflicting, deviating, or supplementary General Terms and Conditions of the customer shall only become part of the contract if Scanmore GmbH has expressly agreed to their validity in text form.

(4) These General Terms and Conditions shall also apply to future contracts with the same customer, unless otherwise agreed in individual cases.

2. Subject Matter of the Contract and Scope of Services

(1) The subject matter of the contract consists of the services specified in the offer, the order confirmation, the service description, or the individually agreed project scope.

(2) Via scanmotion.de, Scanmore GmbH primarily offers services in the fields of 360-degree product photography, 3D product visualization, and related presentation and media services.

(3) Information on websites, in brochures, presentations, or other documents of Scanmore GmbH serves as a general description and does not constitute a guaranteed quality unless expressly agreed upon as binding.

(4) Scanmore GmbH is entitled to provide partial services, provided this is reasonable for the customer.

3. Conclusion of Contract

(1) Offers from Scanmore GmbH are subject to change and non-binding unless they are expressly designated as binding.

(2) A contract is concluded by order confirmation in text form, by mutual signature, by express acceptance of the offer by the customer, or by the commencement of service provision.

(3) The content of the contract is determined by the individual agreements, the offer, the order confirmation, and supplementarily by these General Terms and Conditions.

4. Prices and Payment Terms

(1) All prices are net prices plus the applicable statutory value-added tax.

(2) Unless otherwise agreed, invoices are due for payment without deduction within 7 calendar days of the invoice date.

(3) Additional services, extra effort, subsequent change requests, as well as delays or additional costs caused by the customer, shall be remunerated separately.

(4) If the customer falls into arrears with payment, the statutory default regulations shall apply.

5. Cooperation Obligations of the Customer

(1) The customer shall provide Scanmore GmbH with all information, data, documents, approvals, contact persons, products, samples, access, or other cooperation services required for the provision of services in a timely and complete manner.

(2) The customer is responsible for the accuracy, completeness, and legal admissibility of the content, data, and documents provided by them.

(3) If a required cooperation by the customer is omitted or occurs late, incompletely, or incorrectly, agreed performance deadlines shall be extended appropriately. Any resulting additional effort shall be remunerated separately.

6. Performance Deadlines and Dates

(1) Performance deadlines and dates are only binding if they have been expressly agreed upon as binding.

(2) Scanmore GmbH is not responsible for delays due to force majeure, unforeseeable events, or missing, delayed, or insufficient cooperation by the customer. In such cases, deadlines and dates shall be extended appropriately.

(3) If the customer is in default with cooperation, approvals, or provisions, Scanmore GmbH may adjust the project schedule accordingly.

7. Acceptance and Approval

(1) Insofar as the owed service has the character of a contract for work and services, the customer is obliged to accept it as soon as the service has been rendered in accordance with the contract. Acceptance may not be refused due to insignificant defects.

(2) Insofar as approvals, correction stages, draft stages, or partial results are provided for in the project, approvals granted by the customer shall be deemed binding.

(3) If no feedback is received from the customer within 7 calendar days regarding a service submitted for acceptance or approval, Scanmore GmbH may set a grace period of 7 calendar days for the customer. After the fruitless expiry of this grace period, the service shall be deemed accepted or approved, provided that Scanmore GmbH pointed out this consequence to the customer when setting the deadline.

(4) Partial acceptances are permissible if the respective partial service is independently usable or self-contained.

8. Change Requests and Additional Services

(1) Requests for changes or additions by the customer after the conclusion of the contract require coordination with Scanmore GmbH.

(2) Scanmore GmbH is entitled to charge separately for any resulting additional effort and to adjust performance deadlines accordingly.

(3) Agreed remunerations refer exclusively to the originally agreed scope of services.

9. Special Provisions for 360-Degree Product Photography and 3D Product Visualization

(1) Depending on the assignment, the subject of the services may include, in particular, 360-degree product photography, 3D product visualization, renderings, animations, and comparable presentation services.

(2) The customer shall provide products, samples, files, logos, texts, brand information, references, and other required materials in a timely and complete manner.

(3) The customer warrants that they are entitled to use, process, and provide this content and that the rights of third parties are not violated.

(4) Products or samples provided by the customer must be in a condition suitable for the agreed presentation.

(5) Additional effort, in particular for cleaning, preparation, de-wrinkling, assembly, retouching, repair, or special processing, shall be remunerated separately, unless expressly included in the offer.

(6) Minor or technically related deviations, particularly in color, gloss, material effect, transparency, reflection, shadow, lighting effect, or screen display, do not constitute a defect as long as the contractually intended use is not significantly impaired.

(7) The same applies to industry-standard deviations due to output media, monitors, browsers, end devices, or third-party platforms.

(8) The contractually agreed price includes only the correction loops expressly contained in the offer.

(9) Further changes, additions, or subsequent adjustments shall be remunerated separately.

(10) Approvals by the customer for drafts, previews, rendering stages, or final output files are binding.

(11) Open scenes, production files, project files, setups, or other intermediate files will only be released if this has been expressly agreed upon.

10. Rights in Case of Defects

(1) The customer must inspect the services of Scanmore GmbH immediately after receipt, provision, or delivery within the ordinary course of business and report recognizable defects without delay.

(2) Insofar as a mutual commercial transaction exists, Section 377 of the German Commercial Code (HGB) shall apply supplementarily.

(3) In the event of justified defects, Scanmore GmbH shall first be given the opportunity for supplementary performance within a reasonable period.

(4) If the supplementary performance fails or is unreasonable, the customer may assert their statutory rights.

(5) Insignificant deviations, in particular minor technical, design, or production-typical deviations, do not justify a defect as long as the contractually intended use is not significantly impaired.

11. Liability

(1) Scanmore GmbH is liable without limitation in cases of intent and gross negligence.

(2) In cases of simple negligence, Scanmore GmbH is liable only for the breach of essential contractual obligations; in this case, liability is limited to the contract-typical, foreseeable damage.

(3) The aforementioned limitations of liability do not apply to injury to life, body, or health, nor in cases of mandatory statutory liability.

(4) Insofar as the liability of Scanmore GmbH is excluded or limited, this also applies in favor of its legal representatives, employees, and vicarious agents.

12. Rights of Use

(1) For work results that are protected by copyright or other legal rights, the customer receives the rights of use agreed upon in the offer, the order, or otherwise individually.

(2) Unless otherwise agreed, rights of use are only granted upon full payment of the agreed remuneration.

(3) Unless expressly agreed, Scanmore GmbH is not obliged to release raw data, open work files, project files, source files, construction stages, or other intermediate results.

(4) Rights of use may be granted with restrictions regarding content, time, location, or subject matter.

13. Reference Use

(1) Scanmore GmbH is entitled to use the services rendered for the customer as well as the work results created or produced in the process as a reference for self-promotion purposes, particularly on websites, in social media channels, in presentations, offers, and sales documents.

(2) This generally also includes naming the customer and using their name, brand, and logo in the usual reference form, particularly in customer lists or logo banners.

(3) Reference use is excluded if
a) a confidentiality or non-disclosure agreement exists between the parties or
b) the customer has expressly objected to the reference use or the use of their name, brand, or logo before or at the time of the conclusion of the contract.

(4) If the customer only prohibits the naming of their name, brand, or logo, Scanmore GmbH remains entitled to use work results in anonymized form as a reference, provided that no legitimate confidentiality interests of the customer are violated thereby.

14. Confidentiality

(1) Both parties undertake to treat as confidential all non-obvious commercial, technical, and organizational information of the other party that becomes known to them in the course of contract execution.

(2) The confidentiality obligation does not apply to information that is generally known, becomes known without violation of this obligation, or must be disclosed due to legal obligations.

15. Cancellation, Postponement, and Rescheduling of Bindingly Agreed Dates

(1) If a bindingly agreed date is canceled, postponed, or cannot be carried out for reasons for which Scanmore GmbH is not responsible and which originate from the customer’s sphere, Scanmore GmbH is entitled to charge for the effort incurred up to that point, including reserved personnel, studio, technical, travel, shipping, preparation, and planning costs, as well as appropriate compensation for loss of earnings.

(2) This applies in particular if required cooperation, documents, approvals, products, samples, contact persons, access, or other prerequisites are not provided by the customer in a timely manner.

(3) The customer reserves the right to prove that no effort or damage was incurred at all or that it is significantly lower.

16. Data Protection

Information on the processing of personal data is contained in the separate privacy policy of Scanmore GmbH. Insofar as Scanmore GmbH processes personal data in the course of contract execution, this is done in accordance with the applicable data protection regulations.

17. Return of Customer Property

(1) Products, samples, documents, or other items provided by the customer will generally be returned to the customer after completion of the service provision, unless otherwise agreed in individual cases or the customer waives the return.

(2) The return shipment is generally carried out at the customer’s expense via DHL as an insured shipment.

(3) Packaging, shipping, and any additional costs of the return shipment will be charged to the customer separately or billed according to the flat rate agreed upon in the individual case.

(4) The customer must inform Scanmore GmbH of the required return information, in particular a suitable delivery address, in a timely manner. Delays or additional effort due to incomplete or late information from the customer shall be at the customer’s expense.

(5) If the customer does not wish for a return shipment, they must inform Scanmore GmbH of this in text form at the latest by the completion of the project.

(6) If the customer waives the return shipment or if a return shipment is not possible for reasons for which the customer is responsible, Scanmore GmbH is entitled to store the items free of charge for a period of 30 calendar days from project completion. After this period, Scanmore GmbH may carry out further storage at the customer’s expense or request the customer to collect the items.

(7) A further storage obligation exists only if this has been expressly agreed upon.

18. Final Provisions

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is, as far as legally permissible, the registered office of Scanmore GmbH.

(3) Amendments and supplements to the contract must be at least in text form, unless a stricter form is prescribed by law.

(4) Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.

Neu-Isenburg, 2026-04-15