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 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 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 system paylane.pl, 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.
LICENSE AGREEMENT FOR Z-SUITE SOFTWARE
End User License Agreement ("EULA") is executed by and between Zortrax S.A. with its registered seat in Olsztyn at ul. Lubelska 34, 10-409 (“Zortrax”) and the User; it regulates the User’s use of the Zortrax Z-Suite software (“the Software”) for which an installation link is supplied along with Zortrax Products.
1. Object of the License
Zortrax grants to the User a non-exclusive, inalienable, limited license for the Software. The license provisions set out below shall also apply to any updates, complements and technical support provides by Zortrax for the Software. Any Zortrax software associated with a separate end user license agreement is made available subject to a discrete license agreement
2. Scope of the license
2.1. This EULA entitles the User to use the Software within the fields of use comprising saving the Software to computer memory and installation, activation and use of the Software in accordance with the designated purpose of the Zortrax Product, as qualified by par. 2.2 below. The User is also authorised to create a reasonable number of copies of the Software solely for normal installation and backup purposes. The User may use the Product and the Software for commercial purposes. Any other actions not expressly provided for in this EULA shall constitute the exclusive purview of Zortrax, and any performance of such actions by the User may constitute violation of this EULA.
2.2. In particular, the User is prohibited from:
• Effectuating any modifications of the Software;
• Reverse engineering the Software, in particular via replication, decompilation, or disassembly;
• Circumventing the technical security features of the Software;
• Disseminating the Software, whether on a free-of-charge basis or against payment;
• Making the Software available to third parties for copying;
• Creating any derivative works based on the Software;
• Separation of components out of the Software;
• Rental, lease, or making available for use of the Software.
2.3. In the event that any action covered by the License limitations set out in par. 2.2 above is permitted under applicable national laws, the User may perform such actions, but only to the extent permitted under such laws.
2.4. The User may not grant sub-licences to any third parties.
2.5. The User shall use the Software and the Product in accordance with applicable laws, observing and respecting intellectual property rights of third parties. Zortrax shall not be liable for any violation of third party rights associated with unlawful use of the Software or the Product by the User. In the event that any third party approaches Zortrax with claims associated with violation of their rights through unauthorised use of the Software or of the Product by the User, the User shall take any and all measures to minimise the harm to Zortrax and cover the costs of financial and non-pecuniary claims pursued vis a vis Zortrax by third parties.
2.6. Zortrax may effectuate changes to the Software in the form of patches, updates, or other modifications geared at improving the Software and its functionalities (“Updates”). Zortrax shall be under no obligation to provide Updates, and shall not be bound by any deadlines in this respect. If, and when, Zortrax does provide an Update, the User shall be obligated to duly update the Software used by him, failing which liability for any defective operation of the Software caused by non-implementation of such Update shall rest with the User.
3. Intellectual Property Rights
3.1. The Software (including, in particular, the Software codes, graphics, user interface, and textual, audio and video materials), any Updates and the documentation provided by Zortrax benefit from protection under intellectual property law, including but not limited to copyright law, trademark law, trade secrets and constitute the property of Zortrax and of Zortrax suppliers.
3.2. The Zortrax name and logo are copyrighted trademarks and, as such, may be used by the User only within the scope defined in this EULA.3.3. The User is obliged to retain all propriety notices and legends contained on the Zortrax Products.
4. Warranty Exclusion
4.1. Unless expressly stated by zortrax in writing, this eula does not constitute a warranty for the software. In particular, zortrax, to the maximum extent permitted by applicable law, provides the software “as is” and with all faults, and does not make any warranties, dutires and conditions, either express, implied or statutory, including but not limited to any warranties of non-infringement, suitability for a particular purpose or compatibility with other software or equipment. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitation or exclusion may not apply to you. Without limiting the foregoing, zortrax does not warrant that the operation of the software will be uninterrupted or error free.
4.2. With respect to users who are business enterprises, liability of zortrax under statutory warranty for defects is excluded.
5. Limitation of Liability
5.1. To the maximum extent permitted by applicable law, zortrax shall not be liable for any damages, including without limitation, direct, special, incidental, indirect, consequential harm resulting from use of the software or of the product, for lost profits or lost income, loss of business, damage to goodwill, for loss of any user data (whatever the carrier), for damage to any device associated with software use or for any other financial loss arising out of or in connection with the installation, maintenance, use, performance, failure, or interruption of software, whether based on contract, tort, negligence, strict liability or otherwise. Liability of zortrax in the remaining scope is limited to the amount paid for the product by the user. Some jurisdictions do not allow the exclusion or limitation of direct, incidental, consequential or other damages, so the above limitation or exclusion may not apply to you. When liability for damages is not allowed to be excluded or limited in its entirety, zortrax limits its liability to repair, replacement, or, at its discretion, refund of the price of the software.
6. Zortrax Suppliers and Licensors
6.1. Any disclaimer or limitation of Zortrax liability or damages pursuant to this EULA shall be constructed also to the benefit of Zortrax suppliers, licensors, employees and contractors, without limiting any other defences that they may have.
7. Diagnostic Data and Usage Statistics
7.1 The Software may collect and share with Zortrax diagnostic data including Operating System version,
Hardware information, your Zortrax Device serial number, software exceptions and errors details.
7.2 The Software may collect and share with Zortrax usage statistics including slicing and printing times, print settings, basic model information - bounding box size and number of triangles, types of user actions inside The Software.
7.3 No personally identifiable information will be collected by The Software and shared with Zortrax or any other party.
7.4 Zortrax collects diagnostic data and usage statistics for purposes of improving software performance and user experience and may share this data with stakeholders, business partners and other associated organizations.
7.5 Zortrax may use third-party services to provide data collection and analytics mechanisms. Data collected by The Software will be shared with such services providers.
8.1. For purposes of this EULA, “Confidential Information” shall mean any information or technical data provided by Zortrax which is identified as Confidential Information or should reasonably be known to be confidential given the nature of the information and circumstances of disclosure. User hereby agrees (i) to hold Confidential Information in strict confidence and not to make it available or disclose it to any third party except as is necessary to perform obligations or exercise rights under this EULA; (ii) to impose confidentiality restrictions upon the parties to whom any Confidential Information is disclosed; (iii) to take at least the same precautions to protect the Confidential Information as it takes for its own confidential and proprietary information of like importance, but in no event less than reasonable precautions; and (iv) to refrain from using the Confidential Information for any purpose other than the purposes for which that Confidential Information was disclosed.
9. Duration of The Agreement, Termination
9.1. This EULA shall come into force as of installation of the Software and shall remain binding for as long as the Zortrax Product is used.
9.2. The proper law for this EULA is Polish law.
9.3. The Software may be subject to the export controls and User agrees to fully comply with all applicable export regulations governing export, destination, ultimate end user, and other restrictions relating to the Software.
9.4. The license granted pursuant to this EULA shall expire in the event that the User fails to abide by the EULA’s provisions. In such an event, the User shall be obligated to immediately cease and desist use of the Software.
9.5. In the event that a competent court finds any provisions of this license to invalid or unenforceable, the remaining provisions shall remain valid and binding.
9.6. This EULA shall remain without prejudice to any rights extending to the User under national laws of absolute application.
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.
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.
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.
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.
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 paylane.pl.
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:
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.
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.