TERMS AND CONDITIONS OF ONLINE SHOP
1. GENERAL PROVISIONS
2. E-SERVICES IN ONLINE SHOP
3. TERMS OF CONCLUDING SALE AGREEMENT
4. PAYMENT OPTIONS
5. COST, DATE AND DELIVERY OPTIONS
6. TERMS OF TERMINATING AGREEMENTS FOR THE PROVISION OF E-SERVICES
7. COMPLAINT PROCEDURE
8. RIGHT OF WITHDRAWAL
9. PROVISIONS CONCERNING ENTERPRENEURS
10. FINAL PROVISIONS
1.1. Online Shop at the Internet address www.hbot3d.com is run by ‘3D PRINTERS’ Sp. z o.o. with the registered office in Wroclaw (office address and mailing address: Aleja Ludomira Różyckiego 1C/4, 51-608 Wrocław); entered into the Register of the National Court Register under number KRS 0000486072; registration court in which the documentation of the company is kept: District Court for Wroclaw-Fabryczna in Wroclaw, VI Commercial Division of the National Court Register; share capital in the amount of 80,000,00 PLN; VAT number: 8952025721; Code: 022293172; e-mail: email@example.com.
1.2. These Terms and Conditions are addressed both to consumers and to enterpreneurs who use the Online Shop (except point 9 of the Terms and Conditions, which is addressed only to entrepreneurs). The provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights conferred on them by applicable provisions of law - any possible doubts are explained in favor of the consumer. In the case of non-compliance of the provisions of these Terms and Conditions with the above provisions, priority is given to these provisions.
1.4.1. WORKING DAY – one day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Shop which enables to create an Account..
1.4.3. ORDER FORM – E-service, interactive form available in the Online Shop which enables to place an Order, in particular by adding the Products to the e-basket and specifying conditions of Sale Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER – a natural person with full legal capacity, and in the cases provided for by the generally applicable rules also a natural person with limited legal capacity; legal person or entity without legal personality, which the law provides with the legal capacity, which concluded or intends to conclude a Sale Agreement with the Vendor.
1.4.5. 5CIVIL CODE –Civil Code act dated April 23, 1964 (Dz.U. No. 16, item 93 with amendments).
1.4.6. ACCOUNT – E-service, marked with individual name (login) and password provided by the Customer , a collection of resources in the ICT system of the Service Provider, in which Customers’ data are collected including information on placed Orders.
1.4.7. NEWSLETTER – E- service, electronic distribution service provided by the Service Provider via e-mail, which allows all Customers who use it to automatically receive the subsequent editions of the newsletter containing information about Products in the Online Shop.
1.4.8. PRODUCT – a mobile thing available in the Online Shop which is the subject matter of the Sale Agreement between the Client and the Vendor. The Vendor delivers the Product free from defects.
1.4.9. TERMS AND CONDITIONS – these Terms and Conditions of the Online Shop.
1.4.10. ONLINE SHOP – Online Shop of the Service Provider available at the address: www.hbot3d.com.
1.4.11. VENDOR; SERVICE PROVIDER - the company ‘3D PRINTERS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with the office in Wroclaw (office address and mailing address: Aleja Ludomira Różyckiego 1C/4, 51-608 Wrocław); entered in the Register of the National Court Register under number KRS 0000486072; registration court in which the files of the company are kept company: District Court for Wroclaw-Fabryczna in Wroclaw, VI Commercial Division of the National Court Register; share capital in the amount of 80,000,00 PLN; VAT number: 8952025721; Code: 022293172; e-mail: firstname.lastname@example.org.
1.4.12. SALE AGREEMENT – Product sale agrement to be concluded or concluded between the Client and the Vendor via the Online Shop.
1.4.13. E-SERVICE – service provided by electronic means by the Service Provider for the Customer via Online Shop
1.4.14. CUSTOMER – a natural person with full legal capacity, and in the cases provided by generally applicable rules also a natural person with limited legal capacity; legal person or entity without legal personality, legal person or entity without legal personality, which the law provides with the legal capacity, using or intending to use E-service.
1.4.15. ORDER – Customer’s statement of intent submitted via Order Form directly aiming at the conclusion of Product Sale Agreement with the Vendor .
2.1. In the Online Shop the following E-services are available: Account, Order Form and Newsletter.
2.1.1. Account – using the Account is possible after completing all of the following three steps - (1) filling in the Registration Form, (2) clicking ‘Create an Account’, and (3) confirming the willingness to create an Account by clicking the confirmation link sent to the specified email address. In the Registration Form it is necessary to provide the following Customer’s data: first and last name/ company name, address (street, house/flat number, zip code, city, country), email address, contact phone number and password. In the case of Customers who are not consumers, it is also necessary to provide the company name and VAT number.
2.1.2. Order Form – using the Order Form starts upon adding the first Product to the e-basket in the Online Shop. Placing an Order is effective after completing both of the following steps - (1) after filling in the Order Form, and (2) clicking ‘Confirm Order’ - until then there is the possibility of self-modification of entered data (for this purpose you should follow prompts and information available on the Online Shop website). It is necessary to provide the following information in the Order Form: first and last name / company name, address (street, house / Flat number, zip code, city, voivodship, country), email address, contact telephone number, product / s, the amount of the Product / s , place and manner of delivery, payment method. For Customers who are not consumers, it is also necessary to provide the company name and VAT code.
2.1.1. Newsletter – the use of the newsletter starts after providing in the "Newsletter" section visible side of the Online Shop, an e-mail address, to which subsequent editions of the Newsletter should be sent and clicking ‘Sign Up’. It i salso possibile to sign up for the Newsletter by marking the appropriate checkbox while opening an Account – at the moment of opening the Account the Customer is signed up for the Newsletter.
2.2. The use of E-services by the Recipient is free of charge.
2.2.1. Konto Account and Newsletter in the Online Shop are provided for unspecified period of time.
2.2.2. Using the Order Form is a one-off and is terminated at the time of placing the Order through it.
2.3. Technical requirements necessary for the cooperation with ICT system, which the Recipient uses:
2.3.1. Computer, latop or another multimedia device with the Internet connection.
2.3.2. Access to e-mail.
2.3.3. Internet browser: Mozilla Firefox version 11.0 and later or Internet Explorer version 8.0 or later, Opera version 10.0 and later, Google Chrome version 12.0.0 and later.
2.3.4. Minimum screen resolution: 1024x768
2.4. The Recipient is obliged to use the Online Shop in a manner consistent with the law and good practice taking into account the respekt for personal rights and intellectual property rights of third parties.
2.5. The Recipient is obliged to submit data consistent with the facts.
2.6. The Recipient is prohibited to provide illegal contents.
3.1. Advertisements, price lists and other information about the Products available on the Online Shop websites, and in particular their descriptions, technical and performance parametres and prices constitute an invitation to conclude the agreement, within the meaning of Art. 71 of the Civil Code.
3.2. The price of the Product at the Online Shop website is given in Polish zloty and contains all the components, including applicable VAT and customs. However, prices do not include any costs of delivery and payment, which are indicated when placing an Order.
3.3. The price of the Product shown at the Online Shop website is binding at the time of placing the Order by the Client. This price will not change regardless of the price changes in the Online Shop which may occur in relation to individual Products after placing an Order by the Client.
3.4. Concluding Sale Agreement via Order Form
3.4.1. In order to conclude Sale Agreement the Client is first required to place an Order.
3.4.2. After placing an Order the Vendor shall immediately confirm its receipt, which binds the Client by his Order and concurrently adopts the Order for realization. The confirmation of receiving the Order and adopting it for realization occurs by sending an appropriate message to the Customer’s e-mail address specified while placing an Order, which includes at least the confirmation of all essential elements of the Order, Vebdor’s statement about receiving the Order and its adoption for realization. Upon receipt of the above mentioned message by the Client the Sale Agreement between the Client and the Vendor is concluded.
3.5. Saving, securing and making the content of the Sale Agreement available to the Client shall be performed by (1) the provision of these Terms and Conditions at the Online Shop website, (2) sending the Client an e-mail message, mentioned in point. 3.4.2., and also by (3) attaching the proof of purchase and specification of concluded Sale Agreement to the shipment. The content of the Sale Agreement is additionally saved and secured in the Internet system of Vendor’s Online Shop.
3.6. The Client is obliged to pay the price of the ordered Product, including costs of delivery, not later that within 14 days from the date of concluding the Sale Agreement, unless the payment is made on delivery.
4.1. The Seller provides the following payment options:
4.1.1. Payment on delivery upon the receipt of shipment.
4.1.2. Payment by traditional transfer to the Vendor’s bank account.
188.8.131.52. Bank: mBank SA.
184.108.40.206. Account number: 82 1140 2004 0000 3102 7491 1291.
5.1. The Vendor provides the following options of delivery and collection of the Product:
5.1.1. Delivery by courier, delivery by courier with payment on delivery.
5.2. The delivery of the Products is possible at the territory of the Republic of Poland.
5.3. Any costs of delivery are indicated when placing the Order. They depend on the delivery and payment options selected by the Customer. Delivery costs are also indicated at the Online Shop website in the ‘Delivery Costs’ section.
5.4. The term of delivering the Product to the customer is 3 Working Days, unless shorter term was specified in the description of the Product or when placing the Order. This term shall be calculated in the following way:
5.4.1. In the case of the selection of the transfer, e-payment or card payment option by the Client - from the date of crediting the bank account or clearing account of the Vendor.
5.4.2. If the Customer selects the option of payment on delivery - from the date of concluding the Sale Agreement.
6.1. Service Provider and Customer may terminate the agrement for the provision of E-service at any time by the agrement of the parties.
6.2. Termination of the agreement for the provision of E-service:
6.2.1. The timeless continuous agreement (e.g. Account) for the provision of E-service may be terminated.
6.2.2. The Customer may terminate the agreement for the provision of E- Service without specifying the reasons by sending an appropriate statement in particular via e-mail to the following address: email@example.com or in writing to the following address: Aleja Ludomira Różyckiego 1C/4, 51-608 Wrocław. The agreement in this case expires after 7 days from the date of submitting a statement of intent for its termination (notice period), unless the parties agree on a shorter notice.
6.2.3. In case of the Customers who are also consumers, the Service Provider may terminate the agreement for the provision of E-service when the Customer objectively grossly or persistently violates the Terms and Conditions, in particular when he provides the content that is unlawful, after at least one unsuccessful call to stop or remove the violations specifying of the due date. The violation of the Terms and Conditions must be objective and unlawful. The agreement for the provision of E-service in this case expires after 14 days from the date of submitting by the Service Provider the statement of intent concerning its termination to the Customer (notice period).
6.2.4. In the case of the Customers who are not at the same time consumers the Service Provider may terminate the agreement for the provision of E-service with an immediate effect and without specifying reasons by sending the Customer an appropriate statement.
7.1. The Vendor is liable for the defects of the Product on the basis of applicable law.
7.1.1. Basis and extent of Vendor’s liability to the Client for non-compliance of the Product with the Sale Agreement are specified in the Civil Code.
7.1.2. The notice about the defect of the Product and the communication of the relevant request can be made in particular via e-mail to the following address: firstname.lastname@example.org or in writing to the following address: Aleja Ludomira Różyckiego 1C/4, 51-608 Wrocław. When it is possible and necessary for the evaluation of non-compliance of the Product with the agreement the Product must also be delivered to the above address.
7.1.3. The Vendor will address Customer’s request immediately, but not later than within 14 days. A response to the complaint shall be sent to the address provided by the Client, unless the Client specifies a different way. If, within 14 days, the Vendor will not address the Client’s request it means that he considered the requests as justified.
7.1.4. The Products may have the manufacturer’s guarantee. Guarantee rights should be performed in accordance with the conditions specified in the guarantee document attached to the Product. In the case of Products covered by the guarantee, the Vendor informs that the guarantee on sold consumer goods does not exclude, limit or suspend the rights of the buyer arising from the non-compliance of the goods with the agreement.
7.2. Complaints related the provision of E-services by Service Provider and other complaints related to the activity of Online Shop:
7.2.1. Complaints related to the provision of E-services via Online Shop and other complaints related to the activity of the Online Shop the Customer may submit in particular via e-mail to the address email@example.com or in writing to the address: Aleja Ludomira Różyckiego 1C/4, 51-608 Wrocław.
7.2.2. It is recommended to provide in the description of the complaint as much information and circumstances concerning the subject of the complaint, in particular the type and date of the occurrence of the irregularities and contact data - this will facilitate and accelarate the consideration of the complaint by the Service Provider.
7.2.3. Consideration of the complaint by the Service Provider shall occur immediately, not later than within 14 days.
7.2.4. Service Provider’s response to the complaint is sent to the address given by the Customer, unless the Customer specifies a different.
8.1. The Customer / Client who is also a consumer and who concluded the agreement by electronic means may withdraw from it without giving reasons, by submitting a relevant statement within fourteen days. To meet this deadline it is enough to send a statement before its expiry. The statement may be sent in particular via email to the following address: firstname.lastname@example.org or in writing to the following address: Aleja Ludomira Różyckiego 1C/4, 51-608 Wrocław. The statement may be submitted using the form which constitutes Appendix no. 1 to these Terms and Conditions.
8.2. In the event of withdrawal, the agreement is considered null and void, and the consumer is released from any obligations. What the parties rendered shall be returned unchanged, unless the change was necessary to the extent of ordinary course of business. The consumer is obliged to return the Product to the Service Provider / Vendor immediately at own cost, but not later that 14 days from the date of the withdrawal from Sale Agreement. The Service Provider / Vendor immediately refunds, not later than 14 days from the date of receiving consumer’s statement about the withdrawal from the agreement, all payments including the costs of Product delivery. However, the Service Provider / Vendor has the right to withhold the refund of the payments received from the consumer until receiving the Product back or submitting the proof of its shipment by the consumer, depending on which event will occur earlier. If the consumer has made any prepayments legal interests from them are due from the date of prepaying.
8.3. The Service Provider / Vendor shall refund to the bank account number indicated by the consumer, unless the consumer will indicate otherwise.
8.4. Fourteen-day period within which the consumer may withdraw from the agreement is counted in the case of Sale Agreement from the date of handing the Product over, and when the agreement concerns the provision of E-service from the date of its conclusion.
8.5. The consumer is not entitled the right to withdraw from an agreement concluded by electronic means in the cases: 1. the provision of services if the enterpreneur performed the whole service with the consumer’s consent, who was informed before the beginning of the service that after performing the service by enterpreneur he will not be entitled to the right of withdrawal from the agreement; 2. when the price or remuneration depends on fluctuations in the financial market which are out of the enterpreneur’s control, and which may occur before the deadline of withdrawing from the agreement; 3. when the subject matter of the service is an item which is not prefabricated, manufactured according to the specifications of the consumer or used for meeting his individual needs; 4. when the subject matter of the service is an item which is liable to deteriorate or expire quickly; 5. when the subject matter of the service is an item delivered in a sealed package, which, after opening the package, can not be returned due to health or hygiene reasons, if the packaging has been opened after delivery; 6. when the subject matters of the service are items which after delivery, due to their nature, are inseparably connected with other goods; 7. when the subject matters of the service are alcoholic drinks, whose price was agreed during the conclusion of the sale agreement and which may be delivered only after 30 days and whose value depends on fluctuations in the market that are out of enterpreneur’s control; 8. when the consumer has expressly demanded that the entrepreneur came to him to make urgent repairs or maintenance; if the enterpreneur provides additionally services other than those which the consumer demanded to be provided or supplies goods other than spare parts necessary for performing repair or maintenance, the right of withdrawal is granted to the consumer for additional services or items; 9. when the subject matters are sound or visual recordings or computer programs delivered in a sealed package if the packaging has been opened after delivery; 10. delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; 10. concluding the agreement by public auction;
9.1. This point of Terms and Conditions and the provisions that it contains concern only the Clients who are not at the same time consumers.
9.2. In the case of Clients who are not at the same time consumer, the Vendor has the right to limit available payment options including requiring the prepayment in whole or in part, regardless of the payment option selected by the Client in the Order Form and the fact of concluding the Sale Agreement.
9.3. The Client who is not at the same time a consumer is required to perform his obligation under the Sale Agreement (ie. in particular, paying the price and collecting the Product) immediately, but no later than 7 days from the date of its conclusion, unless the Sale Agreement states otherwise.
9.4. In accordance with Art. 558 § 1 of Civil Code the Vendor’s liability under the warranty to the Client who is not at the same time a consumer is excluded.
9.5. The Products which are the subject matter of the Sale Agreement concluded with the Client who is not at the same time a consumer remain the property of the Vendor to pay the price and delivery costs under the Sale Agreement.
9.6. The moment the Vendor gives the Product to the courier, costs and charges connected with the item and the risk of accidental loss or damage to property are on Client’s side. In this case, the Vendor shall not be liable for any loss, defect or damage caused after its receipt for delivery until its delivery to the Client and for delay in the delivery of the shipment.
9.7. In the case of sending the Product to the Client via the carrier the Client who is not a consumer at the same time is required to investigate the shipment in time and in a manner acceptable to the shipments of this kind. If he finds that during transport appeared a loss or damage to the Product, he is obliged to take all actions necessary to establish the liability of the carrier.
9.8. The Service Provider’s / Vendor’s liability to the Customer / Client who is not a consumer at the same time, regardless of its legal basis is limited - both within a single claim, as well as for any claims in total - up to the price paid and the costs of delivery in respect of the Sale Agreement . The Service Provider / Vendor is liable to the Customer / Client who is not a consumer at the same time only for typical damage foreseeable at the time of conclusion of the agreement and shall not be liable for lost profits to the Customer / Client who is not a consumer at the same time.
10.1. . Agreements concluded via Online Shop are concluded in compliance with the Polish law and in Polish language.
10.2. The amendment of Terms and Conditions:
10.2.1. Service Provider reserves the right to make amendments to the Terms and Conditions for the important reasons i.e.: changes of the law; changes of payment and delivery options – within the scope in which these changes affect the realization of the provisions of these Terms and Conditions.
10.2.2. The revised Terms and Conditions bind the Service Provider, if the requirements stipulated in Art. 384 of the Civil Code have been preserved, i.e. the Customer has been properly notified of the changes and the Customer did not terminate the agreement for the provision of E-services of continuous nature within the period of 14 days from the date of notification.
10.2.3. The amendments to the Terms and Conditions will in no way affect the acquired rights of Customer who are also consumers and use the Online Shop before the entry into force of the amendments, in particular amendments of the Terms and Conditions will have no impact on the already submitted or pending Orders and concluded, implemented or executed Sale Agreements.
10.2.4. In the event when the amendment of the Terms and Conditions resulted in the introduction of any new fees or the increase of the existing ones, the Customer who is a consumer has the right to withdraw from the agreement.
10.3. In matters not covered by these Terms and Conditions the provisions of: the Civil Code; Act on providing services by electronic means of July 18, 2002 (Dz.U. No. 144, item 1204, with amendments); Act on consumer rights of May 30, 2014 (Dz. U. item 827) and other relevant provisions of Polish law apply.
10.4. The consumer has, among others, the following possibilities of using non-judicial means of considering complaints and redress: 1. The consumer is entitled to ask the permanent amicable consumer court operating at the Trade Inspection with a request for resolution of the dispute resulting from concluded Sale Agreement, 2. The consumer can receive free help in the settlement of the dispute between the Consumer and the Vendor using also the free assistance of district (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Detailed information concerning available non-judicial means of dealing with complaints and redress and the rules of accessing these procedures are available in the premises and on the websites of the district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, the Voivodship Inspectorates of Trade Inspection and at this Internet address: http://www.uokik.gov.pl
10.5. Disputes arising between the Service Provider / Vendor, and the Customer / Client who is also a consumer shall be subjected to the competent common court. Disputes arising between the Service Provider / Vendor, and the Customer / Client who is not a consumer at the same time shall be subjected to the competent court with jurisdiction over the registered office of the Service Provider / Vendor.