Terms of service

Last updated: August 2026

1. Scope of Application

1.1. The business relationship between AQUARYLIC GmbH, with its registered office at Walgaustrasse 1b, 6714 Nüziders, Austria, and its business premises at Klarenbrunnstraße 15, 6700 Bludenz, Austria (hereinafter the “Seller”), and the customer (hereinafter the “Customer”) is governed exclusively by the following Terms of Service in the version valid at the time of the order. These Terms of Service apply to orders placed through the online shop 3d-model-color.com, in which the Seller offers products of its brand “3D Model Color”.

1.2. You can reach our customer service for questions, returns and complaints on working days from 9:00 to 18:00 by e-mail at [email protected] and by telephone at +43 5552 20814.

1.3. A consumer within the meaning of these Terms of Service is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity.

1.4. Deviating terms and conditions of the Customer are not recognised unless the Seller expressly consents to their application.

2. Offers and Descriptions of Goods

The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Descriptions of goods in catalogues and on the Seller’s websites do not have the character of an assurance or guarantee. All offers apply “while stocks last” unless stated otherwise for the respective products. Errors excepted.

The product range comprises acrylic paints and painting media for the 3D printing and model making sector (colors in 30 ml dropper bottles as well as system media such as primer, leveler, varnish and retarder) including accessories. For technical reasons, the colors shown on screens are only an approximation of the actual color; minor deviations in the display do not constitute a defect. Minor color deviations customary in the trade may occur between individual production batches.

3. Ordering Process and Conclusion of Contract

3.1. The Customer may select products from the Seller’s range without obligation and collect them in a so-called shopping cart using the [Add to cart] button. Within the shopping cart, the product selection can be changed, e.g. deleted. The Customer can then proceed within the shopping cart to complete the ordering process using the [Checkout] or [Continue to checkout] button.

3.2. By clicking the [Order with obligation to pay] button, the Customer submits a binding offer to purchase the goods contained in the shopping cart. Before submitting the order, the Customer may change and review the data at any time and use the browser’s “back” function to return to the shopping cart or cancel the ordering process entirely. Mandatory information is marked with an asterisk (*).

3.3. The Seller then sends the Customer an automatic acknowledgement of receipt by e-mail, in which the Customer’s order is listed again and which the Customer can print out using the “Print” function (order confirmation). The automatic acknowledgement of receipt merely documents that the Customer’s order has been received by the Seller and does not constitute acceptance of the offer. The purchase contract is only concluded once the Seller has dispatched or handed over the ordered product to the Customer within 2 days, or has confirmed dispatch to the Customer within 2 days by a second e-mail, an express order confirmation or by sending the invoice.

3.4. Should the Seller offer payment in advance, the contract is concluded upon provision of the bank details and the request for payment. If, despite being due, payment has not been received by the Seller even after a renewed request within 10 calendar days of dispatch of the order confirmation, the Seller shall withdraw from the contract, with the consequence that the order lapses and the Seller is under no obligation to deliver. The order is then settled for buyer and Seller without further consequences. For payments in advance, the item is therefore reserved for a maximum of 10 calendar days.

4. Prices and Shipping Costs

4.1. All prices stated on the Seller’s website are inclusive of the applicable statutory value added tax.

4.2. In addition to the stated prices, the Seller charges shipping costs for delivery. The shipping costs are clearly communicated to the Customer in the Shipping Policy and during the ordering process. Within Austria and Germany they amount to €4.90 and are waived from an order value of €49; to the other EU countries served they amount to €9.90 and are waived from an order value of €99.

4.3. Discount and promotional codes are valid only within the respective stated period and, unless expressly stated otherwise, cannot be combined with one another.

5. Delivery, Availability of Goods

5.1. Delivery is made to the countries listed in the Shipping Policy. Where payment in advance has been agreed, delivery takes place after receipt of the invoice amount.

5.2. Should delivery of the goods fail through the fault of the Customer despite three delivery attempts, the Seller may withdraw from the contract. Any payments made will be refunded to the Customer without delay.

5.3. If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the Seller will inform the Customer without delay and may propose the delivery of a comparable product. If no comparable product is available or the Customer does not wish a comparable product to be delivered, the Seller will refund any consideration already provided by the Customer without delay.

5.4. Customers are informed about delivery times and delivery restrictions in the Shipping Policy or within the respective product description. The delivery time is generally 2–4 working days from conclusion of the contract or – in the case of payment in advance – from receipt of payment.

6. Terms of Payment

6.1. The Customer may choose from the available payment methods during and before completion of the ordering process. The available means of payment are shown during the ordering process. Payment processing is handled via Shopify Payments.

6.2. If payment by invoice is possible, payment must be made within 7 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3. If third-party providers are engaged to process payments, their general terms and conditions apply in addition.

6.4. If the due date for payment is determined by the calendar, the Customer is already in default by failing to meet the deadline. In this case, the Customer must pay the statutory default interest.

6.5. The Customer’s obligation to pay statutory default interest does not preclude the Seller from asserting further damages caused by the default.

6.6. The Customer is entitled to a right of set-off only if their counterclaims have been legally established or recognised by the Seller. The Customer may exercise a right of retention only insofar as the claims result from the same contractual relationship.

7. Retention of Title

The delivered goods remain the property of the Seller until payment has been made in full.

8. Statutory Warranty and Guarantee

8.1. The statutory warranty is governed by the statutory provisions (in particular the Austrian Civil Code (ABGB) and the Consumer Warranty Act).

8.2. A guarantee exists for goods delivered by the Seller only if it has been expressly given. Customers are informed about the guarantee conditions before initiating the ordering process.

8.3. Information on intended use, storage and disposal as well as – where available – labelling and safety information is provided on the product packaging and in the respective product description and must be observed.

8.4. For orders placed through this online shop, the Seller grants consumers a voluntary 30-Day Return Guarantee: goods can be returned within 30 days of receipt without giving any reason – including opened and partly used products. The details (process via the customer account, refund, free return shipping with a pre-paid label) are set out in the Withdrawal Policy. The statutory right of withdrawal and the statutory warranty rights remain unaffected by this guarantee.

9. Liability

9.1. The following exclusions and limitations of liability apply to the Seller’s liability for damages, without prejudice to the other statutory conditions for claims.

9.2. The Seller is liable without limitation insofar as the cause of the damage is based on intent or gross negligence.

9.3. Furthermore, the Seller is liable for the slightly negligent breach of material obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations the fulfilment of which is essential for the proper performance of the contract in the first place and on the observance of which the Customer regularly relies. In this case, however, the Seller is liable only for foreseeable damage typical of the contract. The Seller is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.

9.4. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect following the assumption of a guarantee for the quality of the product, or in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5. Insofar as the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Storage of the Contract Text

10.1. The Customer can print out the contract text before submitting the order by using the print function of their browser in the last step of the order.

10.2. The Seller also sends the Customer an order confirmation containing all order data to the e-mail address provided by the Customer. With the order confirmation, but at the latest upon delivery of the goods, the Customer additionally receives a copy of the Terms of Service together with the Withdrawal Policy and the information on shipping costs as well as delivery and payment terms. If the Customer has registered in the shop, they can view the orders placed in the profile area. In addition, the Seller stores the contract text but does not make it accessible on the internet.

10.3. Insofar as legally permissible, we also use the e-mail address provided in connection with an order to send information about our own similar products by e-mail. This use can be objected to at any time via the unsubscribe link in every e-mail.

11. Right of Withdrawal and Return Guarantee

Consumers have a statutory right of withdrawal. Details, the model withdrawal form and the conditions of the voluntary 30-Day Return Guarantee can be found in our Withdrawal Policy.

12. Final Provisions

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

12.2. The place of jurisdiction and place of performance is the registered office of the Seller if the Customer is an entrepreneur, a legal entity under public law or a special fund under public law. For actions against consumers, the statutory rules on jurisdiction apply.

12.3. The contract language is German.

12.4. The Seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

12.5. Should individual provisions of these Terms of Service be or become invalid, the validity of the remaining provisions remains unaffected.