1. Working days mean weekdays from Monday to Friday excluding public holidays.
2. Accompanying documents mean documents attached to the Product shipment, in particular: stock issue confirmation, confirmation of the product receipt, bill of lading, specification of the goods (packing list) and proof of the product purchase.
3. Delivery means a physical act consisting in the delivery by the Seller to the Buyer, through the Supplier, of the Products specified in the Order.
4. Supplier means a courier company cooperating with the Seller in the field of Delivery.
5. Password means a string of letters, digits or other characters specified by the Buyer during the registration on the Online Store Website, used to secure access to the Account.
6. Consumer means a natural person entering into a legal transaction with the Seller that is not directly related to the Consumer’s business or professional activities.
7. Account means a panel, individual for each Buyer, activated by the Seller for the Buyer when registering on the Online Store Website.
8. Buyer means a natural person who has full legal capacity, a legal person or an organizational unit without legal personality, whose legal capacity is recognized by the law and who or which has entered or intends to enter into the Sales Contract with the Seller.
9. Login means an email address of the Buyer specified during registration of the account on the Online Store Website, required along with the Password to place orders at the Online Store.
10. Order Form means an interactive form available at the Online Store, allowing the Buyer to complete and place the Order by adding Products to the electronic cart and specify terms of the payment and Delivery.
11. Registration Form means an interactive form available at the Online Store, allowing the Buyer to register and use the Account Keeping service.
12. Product means Zortrax 3D printers, printing materials, parts, accessories and consumables presented on the Online Store Website which may be subject to the Sales Contract.
13. Entrepreneur means a natural person, a legal person or an organizational unit without legal personality, whose legal capacity is recognized by the law, running on their own behalf business or professional activities, and taking legal actions directly related to the business or professional activities.
15. Force Majeure means an extraordinary and external event whose occurrence and duration stays beyond the Company's control and which could not be prevented by the Company despite exercising due diligence, the said event being caused, inter alia, by forces of nature.
16. Seller, the Company means Zortrax S.A. with the registered office in Olsztyn at the following address: 34 Lubelska Street, 10-409 Olsztyn, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Olsztyn, VIII Commercial Division, under the number KRS 0000564079, tax identification number NIP 7393864289, email: email@example.com, share capital in the amount of PLN 7 462 500, paid in full, which is also the owner of the Online Store.
17. Online Store Website means a website used by the Seller to operate the Online Store at the following address: www.store.zortrax.com.
18. Durable Carrier means a material or a tool which allows the Buyer or the Seller to store information addressed personally to the Buyer or the Seller in a way that makes it possible to access the information in the future for a time appropriate for the purposes of the information and which allows to reproduce the stored information in an unchanged form.
20. Order means an order placed via the Internet Store by the Buyer.
2. The Online Store is made available by the Seller through the Internet and the Online Store Website as an ICT and IT system resource.
3. The Seller reserves the right to publish advertising contents relating to the Products as well as goods and services of third parties, in the forms used in the Internet, on the Online Store Website.
4. It is forbidden for the Buyers or third parties to use the Online Store or the Online Store Website to send unsolicited commercial information.
USING THE ONLINE STORE
1. Using the Online Store means any Buyer’s activity which results in the Buyer’s learning of the contents published on the Online Store Website.
4. In order to place the Order at the Online Store and in order to use the services available at the Online Store, the Buyer must have an active e-mail account.
5. When using the Online Store, the Buyer must not interfere with the content, structure, form, graphics, or mechanism of the Online Store and Online Store Website operation.
6. It is prohibited for the Buyer to provide illegal content and use the Online Store or the Online Store Website in a manner contrary to law, decency or in a manner violating personal rights of third parties.
7. The Seller develops and implements security measures against unauthorized use, reproduction or distribution of the content published on the Online Store Website. In the case, the Seller applies the above-mentioned security measures, the Buyer agrees to refrain from any actions aimed at removal or circumvention of such security measures or solutions.
8. The Seller hereby informs that the use of services provided by electronic means and the internet may involve a risk of acquiring and modifying Buyer’s data by unauthorized persons. Therefore the Seller recommends that the Buyer uses appropriate technical solutions and software that would minimize the above-mentioned risk. In particular, the Buyer should use antivirus software and programs protecting identity of the persons using the internet.
1. The Buyer must register in order to create the account. Registration is free.
2. Registration is not required to place orders.
3. On order to register, the Buyer fills in the Registration Form provided by the Seller on the Online Store Website and sends the completed Registration Form electronically to the Seller by selecting the appropriate function in the Registration Form. During registration, the Buyer independently determines individual password.
5. After sending the completed Registration Form, the Buyer immediately receives an activation link sent electronically by the Seller to the email address provided in the Registration Form. By clicking the activation link, the Buyer completes registration and enters into the contract for the provision of the Account Keeping electronic service, while the Customer gets access to the Account and a possibility to change data provided during the registration process.
ORDERS, PAYMENTS AND FULFILMENT OF ORDERS
1. Information published on the Online Store Website is not the Seller’s offer within the meaning of the Civil Code. It is only an invitation for the Buyers to make offers for the conclusion of the Sales Contracts.
2. The Buyer may place orders at the Online Store 7 days a week, 24 hours a day.
3. The Buyer completes the Order by filling in the Order Form on the Online Store Website. In order to fill in the form, the Buyer chooses Products the Buyer is interested in by checking "ADD TO CART” command available below a given Product on the Online Store Website. After completing the whole Order and specifying address of Delivery and method of payment in the “CART”, the Buyer sends the Order Form to the Seller by clicking the button “Confirm & Pay” on the Online Store Website. Before each sending of the Order Form to the Seller the Buyer is informed about the total price of the selected Products and the total cost of the Delivery. Possible customs duties or other additional costs are not included.
5. The Order is placed when the Buyer makes an offer for a conclusion of the Sales Contract with the Seller relating to the Products covered by the Order.
6. After placement of the Order, the Seller sends confirmation of the Buyer's Order to the email address given by the Buyer.
7. After conclusion of the Sales Contract, the Seller confirms its terms to the Buyer by sending them on a Durable Carrier to the email address of the Buyer or in writing to the address specified by the Buyer during the ordering process.
8. Prices on the Online Store Website, published next to a given Product:
a. constitute gross prices unless the Buyer registered and specified in the Registration Form the tax identification number NIP or VAT EU number – in this case the prices are net prices (excluding VAT);
b. are specified in three currencies: PLN, EUR, USD, CAD, JPY and GBP where:
- the PLN currency applies only to the Buyers with the address of residence or registered office in Poland;
- the EUR currency applies to the Buyers with the address of residence or registered office in the remaining countries of the European Union, other than Poland;
- the USD currency applies to the Buyers with the address of residence or registered office in countries outside of the European Union;
- the CAD currency applies to the Buyers with the address of residence or registered office in Canada;
- the JPY currency applies to the Buyers with the address of residence or registered office in Japan;
- the GBP currency applies to the Buyers with the address of residence or registered office in United Kingdom;
c. do not contain information about the cost of Delivery;
d. do not contain information about possible customs duties and other additional costs.
9. The Buyer may choose the following forms of payment for the ordered Products:
a. bank transfer to the Seller's bank account (in this case the fulfilment of the Order will be initiated after the Seller sends to the Buyer confirmation of the Order, and the shipment shall be made after the Seller's bank account is credited with the funds);
b. payment via an external payment system PayPal operated by PayPal (Europe) S.à rl & Cie, SCA, established in Luxembourg (in this case the Order fulfilment shall be initiated after the Seller sends to the Buyer confirmation of the Order and receives information from the PayPal system about the payment made by the Buyer). When choosing payment via the PayPal.com website, a fee shall be added in the amount of 2.5% of the "CART” value.
c. payment via an external payment
operated by PayLane Sp. z o.o. Arkońska Business Park, ul. Arkońska 6/A3,
80-387 Gdańsk (in this case the Order fulfilment shall be
initiated after the Seller sends to the Buyer confirmation of the Order
and receives information from the PayLane system about the payment
made by the Buyer).
10. The Buyer is obliged to make the payment immediately, not later than within 14 days from the date of conclusion of the Sales Contract, unless otherwise agreed with the Seller.
12. Time for the fulfilment of the Order by the Seller is 5 Working Days after the Seller’s bank account has been credited with the payment. This deadline may be extended, which the Buyer shall be immediately notified about. In this case, the Seller contacts the Buyer in order to agree upon whether the Buyer shall continue to wait for the Product or withdraw from the Sales Contract. In the case of withdrawal from the Sales Contract, the parties shall mutually return services they received. The Seller returns to the Buyer fees and costs borne by the Buyer within 14 days of receipt of the Buyer's decision on withdrawal from the Sales Contract.
13. The ordered Products are delivered to the Buyer through the Supplier, to the address indicated in the Order Form.
14. On the day of sending the Product to the Buyer information confirming dispatch of the parcel by the Seller along with individual number of the bill of lading allowing the Buyer to track the parcel is sent to the email address of the Buyer.
15. The Seller agrees to deliver Products ordered by the Buyer to the location indicated by the Buyer in the Order Form.
16. The Seller is obliged to:
a. Label delivered Products using bar codes compliant with the GS1 standard (EAN codes);
b. Attach Supporting Documents to the Products.
17. The Seller is obliged to deliver Products covered by the Sales Contract without any defects.
18. The Buyer should examine the delivered parcel in time and manner used for parcels of that type, in the presence of the Supplier’s employee. The Buyer has the right to demand that the Supplier’s employee draws up a proper protocol if losses or damage to the parcel are found.
19. If the Buyer is absent at the address indicated by the Buyer when placing the Order as the address of Delivery, the Supplier’s employee leaves advice. If the Supplier returns the ordered Product to the Seller, the Seller shall contact the Buyer by email or phone and agree with the Buyer the time and cost of another Delivery.
1. The Seller ensures Delivery of the Products without physical and legal defects. The Seller is liable to the Buyer if the delivered Products have physical or legal defects (warranty).
2. If the Product has a defect, the Buyer may:
a. make a statement on the price reduction or withdrawal from the Sales Contract unless the Seller replaces, promptly and without undue inconvenience to the Buyer, the defective Product with a Product free of defects or removes the defect;
The above restriction does not apply if the Product has already been replaced or repaired by the Seller or the Seller did not meet the obligation to replace the Product with a Product free of defects or to remove the defects. Instead of the removal of defects proposed by the Seller, the Buyer may demand replacement of the Product with a Product free of defects or demand removal of defects instead of replacement unless it is impossible to bring the object into compliance with the contract or would require excessive costs in comparison with the method proposed by the Seller. When assessing excessive costs, the value of the Product free of defects, nature and importance of the defect found, as well as inconvenience which the Buyer would be subjected to in the case of another solution, are taken into account.
b. make a request for the replacement of the defective Product with a Product free of defects or removal of the defect. The Seller is obliged to replace the defective Product with a Product free of defects or to remove the defect within a reasonable time without undue inconvenience to the Buyer.
The Seller may refuse to comply with the Buyer’s request if bringing the defective Product into compliance with the Sales Contract in a manner chosen by the Buyer is not possible or would entail excessive costs in comparison with other possible ways to bring about compliance with the Sales Contract. The costs of repair or replacement shall be borne by Seller.
3. If the Buyer exercises rights under the warranty, the Buyer is obliged to deliver the defective Product to the Seller. In the case of the Buyer being a Consumer, costs of delivering the defective Product are borne by the Seller in whole.
4. The Seller's is liable under the warranty if the physical defect of the Product is found within two years from the date of releasing the Product. The claim for the removal of defects or replacement of the Product is barred after the lapse of one year, with the proviso that the above deadline may not expire before expiry of the deadline referred to in the first sentence. During that time, the Buyer may withdraw from the Sales Contract make a statement regarding reduction of the price because of defects. If the Buyer demanded replacement of the Product with a product free of defects or removal of the defect, the deadline to withdraw from the Sales Contract or to make a statement regarding the price reduction begins with the ineffective expiry of the deadline to replace the product or to remove the defect.
1. The period of the warranty protection for each new Zortrax Product purchased within the European Union is 12 months from the date of purchase of the Product.
2. The content and scope of the guarantee is attached in the form of guarantee documentation of the Products. In addition, the content of the guarantee is published by Zortrax on the Online Store Website, under the tab: www.support.zortrax.com/warranty-card.
1. The Buyer may submit any complaints relating to the Products or performance of the Sales Contract in any form, with the proviso that the electronic or written forms are preferred.
2. Complaints should be submitted electronically to the following address: firstname.lastname@example.org
3. The Seller acknowledges receipt of the complaint and handles it within 14 days of receiving the complaint by sending response to the Buyer.
4. The Buyer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in any form, with the proviso that the written or electronic forms are preferred. In the complaint, the Buyer should describe the problem.
5. The Seller shall promptly, but no later than within 14 days, handle complaints and provide response to the Buyer with regard to the complaints relating to the use of free services provided electronically by the Seller.
WITHDRAWAL FROM THE SALES CONTRACT
1. The Buyer being a Consumer who entered into the Sales Contract may, within 14 days, withdraw from the Contract without giving any reason. The deadline for withdrawal starts from the moment the Consumer takes possession of the Product.
2. The Consumer may withdraw from the Sales Contract by submitting statement of withdrawal to the Seller. This statement may be submitted, inter alia, in writing to the Seller’s address or sent by email to the Seller’s address. The statement may be made on the form whose specimen is published by the Seller on the Online Store Website under the Return Policy tab.
3. It is enough to send the statement before expiry of the deadline in order to meet this deadline. In case of withdrawal from the Sales Contract it is considered null and void.
4. If the Consumer made a statement of withdrawal from the Sales Contract before the Seller accepted the Consumer’s offer, the offer ceases to be binding.
5. The Seller shall immediately, but not later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Sales Contract, reimburse all payments made by the Consumer, including the cost of Delivery of the Product to the Consumer. The Seller may postpone reimbursement of the payments received from the Consumer until receipt of the Product or delivery by the Buyer of a proof of the Product return, depending on which event occurs first.
6. If the Consumer who exercises the right of withdrawal chooses the method of Product delivering other than the least expensive, regular method of Delivery offered by the Seller, the Seller shall not be obliged to reimburse additional costs incurred by the Consumer.
7. The Consumer is obliged to return the Product to the Seller immediately, but not later than within 14 days from the date on which the Consumer withdrew from the Sales Contract. It is enough to send the Product to the Seller’s address before expiry of the deadline in order to meet this deadline.
8. In the event of withdrawal from the Sales Contract, the Consumer shall bear only direct costs of returning the Product.
9. If, due to its nature, the Product may not be normally returned by post, the Seller informs the Consumer about the costs of return on the Online Store Website.
10. The Consumer is liable for any diminished value of the Product resulting from its usage in a way exceeding the necessary steps required to establish the nature, characteristics and functioning of the Product.
11. The Seller refunds the payment using the same method of payment that was used by the Consumer, unless the Consumer has expressly agreed to a different method of refund which does not involve any costs for the Consumer.
1. The Seller provides electronically the following free services to the Buyers:
a. Account Keeping;
b. Order Form;
c. Registration Form;
2. All services listed in paragraph 1 above are provided 7 days a week, 24 hours a day.
6. Resignation from the Account Keeping service is possible at any time by discontinuing the use of the Account and making a request that the Seller removes his Account. The registered Buyer may submit a request to remove the Account by the Seller, with the proviso that in the event of such a request, the Account can be removed within up to 14 days of the date of the request.
7. The Order Form service consists in sending Orders to the Seller using the form on the Online Store Website.
8. Resignation from the Order Form service is possible at any time by stopping Orders to be sent to the Seller.
9. The Registration Form service consists in sending data required to register and set up the Account using the form on the Online Store Website.
10. Resignation from the Registration Form service is possible at any time by stopping usage of the Registration Form functionality.
11. The Newsletter service may be used by any Buyer who provides their email address, using to this end the form available on the Online Store Website.
12. The Newsletter service consists in sending by the Seller, to the email address, of electronic messages containing information about new Products, projects and promotions of the Seller.
13. Each message addressed to the Buyers as part of the Newsletter service includes in particular: information about the sender, the “Topic” field specifying contents of the message, and information about the possibility and method of opting out of the free Newsletter service.
14. The Buyer may at any time opt out of receiving the Newsletter by cancelling the subscription via a link placed in each email sent as part of the Newsletter service or by activating a corresponding box in the Account.
1. The Seller is liable for the non-performance or improper performance of the contracts, including the Sales Contracts. In the case of contracts concluded with the Buyers being Entrepreneurs, the Seller is only liable for intentional damage and to the extent of the losses actually incurred by the Buyer.
2. The Seller is not liable non-performance or improper performance of electronic services should it be caused by third parties (in particular, telecommunications operators, providers of telecommunications lines and electricity). The Seller, however, is liable for acts or omissions of persons used for the provision of electronic services as well as persons entrusted with the provision of these services, as for the Seller’s own acts or omissions.
3. The Seller is not responsible for the impossibility or difficulties in using the Online Store resulting from reasons attributable to the Buyer, in particular for the loss of the Password by the Buyer or its interception (regardless of the method) by third parties. The seller is, however, liable if the Password was lost by the Buyer or intercepted by third parties due to reasons attributable to the Seller or reasons for which the Seller is responsible.
4. The Seller is not liable for damage caused by acts or omissions of the Buyers, in particular for their use of the Online Store in a manner inconsistent with the applicable law or Terms of the Use.
REPORTING THREATS OR VIOLATIONS OF THE LAW
1. If the Buyer or any other person or entity considers that the contents published on the Online Store Website violates their rights, personal rights, decency, feelings, morality, beliefs, principles of fair competition, know-how, secrets protected by law or on the basis of a commitment, they may notify the Seller about the potential violation.
2. When notified about the potential violation, the Seller takes immediate steps aimed at removal of the violating contents from the Online Store Website.
PERSONAL DATA AND “COOKIES”
3. The Seller notifies the General Inspector for Personal Data about the personal data set provided to the Seller.
5. Anyone who provides personal data to the Seller has the right to access its contents and the right to correct and update it.
6. The Seller provides the ability to remove personal data from the data set kept, in particular in the case of removal of the Account. The Seller may refuse to remove personal data if the Buyer fails to pay all amounts due to the Seller or violated applicable law, and the preservation of personal data is necessary to explain the circumstances and determine liability of the Buyers.
7. The Seller protects personal data provided to the Seller and makes every effort to protect it from unauthorized access or use.
8. The Seller does not give, sell or lend personal data of the Buyers to other persons or institutions unless in accordance with applicable legal regulations or at the request of the court, prosecutor's office, police or other authorized authority, in the event of a breach of the law by the Buyers.
9. Subject to an express Buyer’s consent and at the request of the Buyer, the Seller provides personal data of the Buyer to the Supplier to the extent necessary for the performance of the Delivery.
10. Subject to an express Buyer’s consent and at the request of the Buyer, the Seller provides personal data of the Buyer, to the extent necessary for the performance of the Sales Contract, to PayPal (Europe) S.à r.l. & Cie, S.C.A, established in Luxembourg, if the Buyer chose to make payment via paypal.com website.
11. The Seller reserves the right to disclose summary, general statistical statements regarding the Buyers to the firms and internet websites cooperating with the Seller. The said statements relate to the page views of the Online Store Website and do not contain personal data of the Buyers.
12. Subject to an express Buyer’s consent and at the
request of the Buyer, the Seller provides personal data of the Buyer, to the
extent necessary for the performance of the Sales Contract, to PayLane
Sp. z o.o. Arkońska Business Park, ul. Arkońska 6/A3, 80-387 Gdańsk, if the Buyer chose to make payment via
13. The Seller uses “cookies” which are saved by the Seller’s server on the hard disk of the Buyer’s terminal device during usage of the Online Store Website by the Buyer. The use of “cookies” is to ensure a correct operation of the Online Store Website on the Buyers’ terminal devices. This mechanism does not damage the Buyer’s terminal and does not make any configuration changes of the Buyers’ terminal devices or software installed on these devices. The "cookies" are not intended to identify the Buyers.
14. The Seller uses the "cookies" in order to:
a. Store information about the terminal devices of the Buyers;
b. Verify and develop the Seller’s portfolio;
c. For statistical purposes.
15. Each Buyer may disable "cookies" in the internet browser of the Buyer’s terminal device. The Seller informs that disabling "cookies" may, however, cause difficulties or prevent usage of the Online Store Website.
TERMINATION OF THE AGREEMENT ON THE PROVISION OF ELECTRONIC SERVICES
1. Either party may terminate the agreement on the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the above mentioned agreement and the provisions below.
2. The registered Buyer terminates the agreement on the provision of electronic services by submitting a request to remove the Account to the Seller using to this end any means of distant communication making it possible for the Seller to learn the Buyer’s statement of will.
3. The Seller terminates the agreement on the provision of electronic services by sending an appropriate statement of will to the email address of the Buyer specified by the Buyer during registration.
6. Each Buyer may resort to non-judicial means of handling complaints and redressing claims. In this regard, the Buyer may make use of the mediation. The list of permanent mediators and existing mediation centres is provided and made available by the Presidents of appropriate Regional Courts.