TERMS OF USE ONLINE STORE ZMORPH3D.COM

Transcription

1 TERMS OF USE ONLINE STORE ZMORPH3D.COM 1. DEFINITIONS 1. Consumer - the User or the Buyer who is not a User, carrying out activities in the Platform, which are not related to his business activities. 2. Account - the part of the Platform separated for You, where You can view and update your data, place orders and perform other activities within the functions available therein. 3. Buyer - natural person who has full legal capacity, legal person or any other entity, that has purchased, or is about to purchase, any product in the Platform or otherwise authorized by Zmorph. 4. Entrepreneur- the User or the Buyer who is not a User, carrying out activities in the Platform, which are related to his business activities. 5. Terms and Conditions - these Terms and Conditions. 6. Platform - the Platform located on the website zmorph3d.com, with all the subpages that are part of it. 7. User - natural person who has full legal capacity, legal person or any other entity, who holds the Account. 8. Zmorph - Zmorph Sp z o.o. with its registered office in Wrocław, Tęczowa 57, Wrocław, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Wrocław-Fabryczna, VI Commercial Division of the National Court Register under No. KRS , NIP (tax ID) , REGON PLATFORM ZMORPH 1. The Platform is an online shop where you can purchase 3D printers, printer parts and other items available on it, in accordance with the Terms and Conditions. 2. The User may also use the Account in the Platform. 3. In order to use the Platform it is required to have: a) an electronic contact address ( ); b) a device with Internet access and with a Web browser: Internet Explorer 11, Mozilla Firefox 56, Safari 11 or Google Chrome 61 (or their newer versions), c) cookies enabled and JavaScript support, d) pop-up windows enabled. 4. Zmorph undertakes that the Platform and the Account will be available for at least 80% of the time / per month. For the rest of the time, the Platform or Account may be unavailable for example because of an update, add new features, remove features or fix errors or failures. 5. User or Buyer may not use the Platform or the Account for any other activities than those set forth in the Terms and Conditions, including but not limited to observe, analyse or test the functionality of the Platform or the Account in order to know their ideas and rules, or to modify in any way the Platform or the Account. User or Buyer may not provide unlawful, infringing public decency or offensive content through the Platform or the Account. 1/7

2 3. ACCOUNT 1. A person or entity wishing to become a User, shall create the Account in the Platform. 2. You have to register on the Platform to create the Account. As part of the registration You shall provide address ( will be login to your Account) and password. You shall provide other information if required by Zmorph. You shall also accept the Terms and Conditions and Private Policy (if applicable). Activation of the Account may also require confirmation in accordance with the instruction sent to the User at his address provided in the registration form. 3. Once registered, you may use the Account. From then on, an electronically supplied services agreement is concluded between the User and Zmorph, under which Zmorph provides the User with the Account. This agreement is concluded for an indefinite period of time. The contents of this agreement are fully set forth in the Terms and Conditions. 4. A person representing a natural person, legal entity or organizational unit when creating the Account, shall be entitled to conclude an electronically supplied services agreement under which Zmorph provides the Account. 5. The User shall complete his data, representative data and address data in the Account not later than at the time of purchase. 6. The User logs in to the Account by entering his login ( ) and the password provided during the registration. 7. The User shall protect his/her login and password to the Account and not reveal or share it with others. Only the User can use his/her Account. The User may not share his/her Account with anyone else, including but not limited to other Users. If User has a suspicion that someone could get his/her login or password, the User should immediately change it and consider to cancel his/her payment card specified in the Account. 4. PURCHASE 1. The Buyer may buy products offered in the Platform. 2. In order to make a purchase the Buyer shall: a) choose a product; b) provide his/her data and address to the delivery of products; c) provide the data of the representative of a legal entity or organizational unit, if the Buyer is a legal entity or an organizational unit, d) choose the method of payment; e) accept the purchase by clicking the appropriate button in the Platform. 3. It is not required to have an Account in the Platform to make a purchase. However, if the Buyer have the Account in the Platform, the One does not need to provide her/his data, delivery details, or representative data in order to purchase product (if these data have been provided earlier in the Accoutn), but shall log in to his/her Account. 4. The Buyer may also purchase the product offered in the Platform in any other way, if accepted by Zmorph. In the case of purchase by , the sale agreement is deemed to be concluded at the moment Zmorph receives an from the Buyer, in which the Buyer accepts the purchase terms offered by Zmorph. 5. The sale agreement is concluded at the moment the Buyer receives the information about the purchase sent by Zmorph. 6. Upon purchase, the Buyer will receive an confirming this purchase. 2/7

3 5. DELIVERY 1. Delivery is carried out: a) only to the countries indicated in the Platform; b) to the address provided by the Buyer in the Account or at the address given during the purchase, if the Buyer does not have an Account, c) within 30 days from the date of receipt by Zmorph of payment for product and delivery costs, d) by courier or otherwise, if Zmorph provides other way of delivery in the Platform. 2. Delivery costs are indicated in the Platform prior to each purchase. 3. If the Buyer is the Entrepreneur then upon the release to the supplier of the product sold, the profits and burdens connected with the product and the risk of an accidental loss of, or damage to the product shall devolve upon the Buyer. 4. Zmorph may allow personal product reception. In this case, the Buyer will be able to pick up the product in the place indicated by Zmorph in the Platform. 6. PAYMENTS 1. The price of the product indicated in the Platform is an estimated price. When the Buyer provides his address of delivery, then a final price will be determined. The address of delivery affects the type and amount of taxes associated with the purchased product. Zmorph shall provide the final gross price of the product, which already includes VAT, prior to the final acceptance of the purchase by the Buyer. Non-European Union Buyers may be required to pay additional duties or other taxes. 2. Payments may be made only by the methods indicated in the Platform. 3. If payment is made through electronic payments provided in the Platform, Zmorph may refuse to conclude a sale agreement if such payment could not be made for any reason. 4. If the payment is made through a payment card, the Buyer shall provide all the required details of the payment card. The payment card need to provide online payment and be valid, be issued to the Buyer and shall not be reserved or blocked. In order to make the payment, the Buyer shall provide funds on the account to which the payment card was issued. 5. If the buyer has purchased the product by , the payment for this product shall be made by credit transfer to the account indicated to the Buyer by Zmorph. 6. The price may be paid in Polish zlotys, in US dollars, in euro or in other currency indicated in the Platform. The Buyer determines in what currency the price of the product is provided in the Platform and is to be paid. The buyer shall bear the cost of currency exchange if he/she pays for the product from an account held in a different currency than the currency he has chosen as the currency of payment for the product. 7. The Buyer accepts invoices sent by Zmorph in electronic form. These invoices shall be sent to the Buyer's address. Zmorph may also provide an invoice in writing. The Buyer may at any time withdraw his consent to send the invoice in electronic form by sending an to sales@zmorph3d.com. 8. Payments are serviced by PayLane sp. z o.o. which is located in Gdańsk at ul. Arkońska 6/A3, zip code: , company number: /7

4 7. WARRANTY FOR DEFECTS AND GUARANTEE 1. Zmorph shall provide products without defects. 2. Zmorph and the Buyer who is the Entrepreneur shall exclude in full the liability of Zmorph in respect of the warranty for defects of the product. 3. Zmorph gives the guarantee. The content and terms of the guarantee are specified in the Platform. The Buyer may at any time request a guarantee on paper or on another durable medium. 8. WITHDRAWAL 1. The Buyer, who is the Consumer, may withdraw from sales agreement without providing any reasons nor bearing any costs by sending a statement of withdrawal from the sales agreement to the registered office address or address of the Zmorph. This entitlement can be made within 14 days of receipt of the product. It is enough to send a statement before the term expires. In the event of withdrawal of the sales agreement, the Buyer is obliged to return the received product within 14 days counting from the moment of informing the Zmorph about withdrawal, in accordance with the procedure posted in the Platform at [...]. 2. In case of withdrawal, the sale agreement shall be deemed as not concluded. 3. The direct return costs of the product are borne by the Buyer. 4. The Buyer is responsible for reducing the value of the product resulting from the use of it in a manner beyond what is necessary to establish the nature, characteristics or functioning of the goods. 5. Zmorph refunds payments received from the Buyer for the returned products within 14 days from the date of delivery of the withdrawal statement to Zmorph. Zmorph may withhold the reimbursement until Zmorph has received the products back, or until the Buyer has supplied evidence of having sent back the product. The payment is made in the currency in which Zmorph received the payment for the product. 6. It is also possible to exercise one s right of withdrawal from the agreement by using the form, which constitutes Annex no. 2 to the Act of 30 May 2014 on consumer rights. 9. CONTACTS AND DATA 1. Zmorph shall contact with the User by sending a message to his/her address specified in the Account. Zmorph shall contact with the Buyer, who is not the User, by sending a message to his/her address specified during purchase. 2. The Buyer, who is not the User, or the User may contact with Zmorph by sending an to sales@zmorph3d.com or by calling the number provided in the Platform. 3. The User s data provided during registration or later, in the Account, and the Buyer s data, who is not User, provided during purchase, shall be true and not infringe the rights of others. 4. Zmorph may make additional verification of User s or Buyer s data by any means, including by telephone contact. 5. In the event of a change of User s data provided during registration or later, in the Account, the User shall immediately update these data in the Account, not 4/7

5 later than within 7 days of the change. Until the data is updated, Zmorph shall contact the User to his/her current address, call to the current telephone number and deliver the products to the current delivery address. 10. COMPLAINTS 1. The User or the Buyer may file a complaint relating to the operation of the Platform, the Account or related to the products or delivery, or otherwise related to Zmorph: a) to the address of the registered office of Zmorph, with a note: Complaint; or b) by sending an to sales@zmorph3d.com. 2. The complaint should contain indication of the User or the Buyer and a brief description of the event justifying the complaint together with its justification. 3. Complaints shall be examined by Zmorph within 14 days from the submission of the complaint. Zmorph shall send the response to the complaint to the address of the User or the Buyer. In more complex cases, Zmorph may contact the User or the Buyer for additional description of the problem. 4. The User or the Buyer, who is the Consumer, may use out-of-court dispute resolution for example by submitting a request for mediation or a request for consideration of a case before an arbitration court (the request can be downloaded at A list of Permanent Commercial Consumer Courts acting at the Provincial Inspectorates of the Trade Inspection is available at: Out-of-court redress is free of charge. In addition, there is the possibility of filing a complaint through the EU-based ODR website, available at BLOCKADE 1. Zmorph may block the User s Account if Zmorph will have reasonable grounds to believe that: a) the payment card used by the User does not belong to him (it was not issued to the User by the bank); b) an unauthorized person is attempting to use the User s Account. 2. Zmorph shall notify the User about the blockade by sending a message to his/her address. 3. The blockade may also be applied at the request of the User. To do this, the User shall send a message to the Zmorph address. 4. If the User do not agree with the blockade or want to remove the blockade, the User shall send a message to the Zmorph address. Zmorph will try to clarify the situation and restore User s ability to use the Account or inform the User what to do to restore this ability. 5. Zmorph may also independently decide to remove the blockade. 12. CLOSING OF THE ACCOUNT 1. The User may, at any time, request to remove his/her Account by sending an to sales@zmorph3d.com. Zmorph shall remove the Account within 14 days. Such User's request signifies termination of the electronically supplied services agreement, under which Zmorph provides the User with the Account. 2. Zmorph may terminate the electronically supplied services agreement, under which Zmorph provides the User with the Account. If the User is the Consumer, 5/7

6 Zmorph may terminate the electronically supplied services agreement only for a valid reason, for which one of the following reasons is considered: a) if it turns out that the payment card used by the User does not belong him (it was not issued to the User by the bank); b) if the User used or attempted to use the Platform to commit a crime; c) if the User will be in arrears for 30 days with a payment of fee of at least PLN 200 or USD 50 or EUR 50, and despite receiving a reminder, the amount will not be paid in full within 14 days of receipt of the reminder; d) The User has not used the Account for at least 6 months before receiving the notice of termination; e) Zmorph will decide to close the Platform (agreements with all Users will be terminated). 3. Zmorph shall send notice of termination to User s address. The agreement terminates within 30 days after the User has received the notice of termination. From then on, the User may not use the Account. 13. AMENDMENTS OF THE TERMS AND CONDITIONS 1. Zmorph may amend the Terms and Conditions for the following valid reasons specified below by the parties: a) publication of a common court ruling, as well as decision, instruction, recommendation or any other act issued by a public administration body binding for Zmorph, resulting in the necessity to introduce amendments to the Terms and Conditions, b) change to the legal state resulting in the necessity to introduceamendments to the Terms and Conditions, c) introduction of new products or services, provided that the amendment to of the Terms and Conditions may solely refer to the introduction or change of provisions related to these products and services, their use shall not be obligatory for the User, and the failure to use them will not result in any costs for the User, d) improvement by Zmorph of the existing functions or services provided in order to increase the level of security, personal data protection or improvement of utility of the functions and services made available and provided by Zmorph, on condition that the amendment to the Terms and Conditions may solely be related with the introduction of decisions or change of provisions concerning the aforementioned functions and services, e) renouncement from certain functions or services, or amendment to the existing functions or services provided by Zmorph with regard to impossibility of further provision of the given service in the form hitherto applied, related with the withdrawal of the service from the Zmorph offer or from the termination of a contract with an entity, who provided services for Zmorph by the Terms and Conditions may solely concern the introduction, removal or amendment of provisions related to the aforementioned functions and services, f) necessity to clarify the provisions of the Terms and Conditions or introduce editorial changes without any negative consequence to the content of the rights and obligations of the User. 2. Zmorph shall inform the User of the amendments to the Terms and Conditions, as well as of the date, when the amended Terms and Conditions enter into force. Zmorph inform the User of any amendments to the Terms and Conditions by sending the new content of the Terms and Conditions to the address of the User submitted to Zmorph. 3. The amendments to the Terms and Conditions shall become binding for the User from the date specified by Zmorph, no sooner than 14 calendar days, from the day, when the former was informed of the amendments. The period of the notice is 2 days. The notice shall be send to the address: sales@zmorph3d.com. Should the User fail to withdraw from the agreement 6/7

7 binding them with Zmorph within 14 days of informing the User of the amendment, it is considered that he/she accepts the amendments. 4. The Terms and conditions valid at the moment of conclusion of the sale agreement of the product are binding the Buyer who is not the User. 14. FINAL PROVISIONS 1. Unless the laws of User s or Buyer s country of residence do not allow for it, Terms and Conditions are governed by the laws of Poland and this Terms and Conditions shall be interpreted in accordance with polish law 2. The User and the Buyer bear the costs related to the use of means of distance communication, especially the telecommunication network according to the tariff of their network provider 3. If any provision of these Terms and Conditions is held to be invalid or unenforceable, this will not affect the validity or enforceability of the other provisions hereof. 4. The court competent for Zmorph s registered office shall have exclusive jurisdiction over any dispute or claim with the Users or the Buyers who are Entrepreneurs. The court competent for Zmorph s registered office shall have exclusive jurisdiction over any dispute or claim with the Users or the Buyers who are Consumers from outside the European Union, unless the relevant binding provisions of law do not allow for it. 5. Zmorph informs that: a) does not use ethical codes or code of good conduct, b) does not collect a deposit from the User or request other financial guarantees. 6. The language of communication is Polish or English. Zmorph may also communicate with the User or the Buyer in other language, if requested by the User or the Buyer. 7/7