Terms and conditions
THE TERMS AND CONDITIONS OF SERVICE PROVIDED ELECTRONICALLY
ADOPTED AS OF 13 SEPTEMBER 2017
§ 1 Glossary. The following terms have the following meanings:
Working days - days from Monday to Friday excluding bank holidays in Poland;
Printer - device being sold by Sinterit, together with software included, printing 3D objects (3D printing) in selective laser sintering technology;
Customer - Consumer or Non-Consumer buying Products or Services;
Consumer - a natural person entering into an agreement with the Company or its Partner to buy Products or to be provided with Services, not related directly to the economic or professional activities of that person;
Cart - an item in the Website displaying Products or Services selected by the User with the intention of purchasing them;
Non-Consumer – a person other than the Consumer;
Partners - distributors of Sinterit or other persons or entities cooperating with the Company in the sale of Products or providing Services;
Products - products presented on the Website;
Website - the website of sinterit.com, through which the Company informs about its business activity, contacts potential customers and sells its Products and offers Services of its Partners;
Company or Sinterit – Sinterit sp. z o.o. at Kalwaryjska Street 69/9, 30-504 Kraków, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for Kraków - Śródmieście in Cracow, XI Commercial Division, under number KRS 535095, NIP (tax number): 6793106416, having share capital in the amount of 78,350.00 (seventy eight thousand three hundred and fifty) zlotys, e-mail: email@example.com;
Services - the collective name of the various after-sale services including the installation and training of the use of the Products as well as the technical support and maintenance provided in the official language of the country, by telephone, email or at the Customer;
User – a visitor to the Website;
§ 2 Subject of the Terms & Conditions. These Terms & Conditions specify in particular:
1) types of services provided by the Company by electronic means,
2) terms and conditions of services provided by the Company by electronic means, including:
a) technical requirements necessary for cooperation with the IT system used by the Company,
b) prohibition of suppling unlawful content by the User,
3) terms and conditions of concluding and resolving agreements on services being provided by electronic means,
4) complaint procedure.
§ 3 Services provided by the Company by electronic means
1. The Company provides Users, through the Website, with e-commerce services, i.e. on-line sales of Products, and offers the possibility to enter into an agreement on provision of Services with Sinterit Partners (for the sake of simplification, the above mentioned agreement may be referred to in this Terms & Conditions as, depending on context, "sale" or "buy" or “purchase” of Services).
2. Sales of the Products and Services is available through the online store at sinterit.com.
3. Customer may communicate with the Company in writing - by sending a letter to the address of the Company`s registered office or by e-mail at: firstname.lastname@example.org.
§ 4 Technical requirements. Use of the Website and purchase of Products or Services depend on following technical requirements being fulfilled by the User:
1) use of the device with access to Internet,
2) use of one of the following browsers: Chrome, Firefox or Internet Explorer, released no later than 01/10/2015,
3) having an active email account,
4) accepting Cookies.
2. Sinterit makes its best effort to make Users, who use other than the most popular web browsers, able to use the Website, but cannot guarantee that the Website will display properly.
§ 5 Prohibition of the provision of unlawful content. It is forbidden to provide unlawful content in any form (e.g. in email messages or opinions).
§ 6 User`s Account Registration
1. Account registration is not required to purchase Products or Services, but allows the Customer to continue shopping without the need to re-enter his/her/its data, with the exception of the login and the password.
3. Upon activation of the account, a user agreement on the free maintenance of a Customer`s account will be concluded between the Customer and the Company.
4. The agreement referred to in clause 3 above may be terminated by the User at any time and with immediate effect, by sending a termination statement to the Company.
5. The provisions referred to in clauses 1-4 above shall come into force upon introduction by Sinterit appropriate functionality to register a Customer`s account.
§ 7 Agreements on Sale of Products or Services
1. Displaying of Products or Services on the Website to enable Customers to place orders (adding Products and Services into the Cart) is an offer to buy.
2. Information on Products or Services, if accompanied by a message of non-availability of such Products or Services, shall not be deemed the offer to buy.
3. Confirmation of receipt of the offer by the Customer does not imply acceptance of the offer, but makes Sinterit bound by the offer until the Company can receive the Customer's response without unreasonable delay in the normal course of the transaction.
4. Subject to clause 5 below, once all the following conditions have been met:
1) selecting the Products that the Customer wants to buy,
2) making a statement as to whether the Customer is exempt from paying VAT,
3) accepting these Terms & Condition,
4) choosing a method of payment and shipping,
5) providing Sinterit with the data necessary for the performance of the agreement by the Company, i.e. the name and surname or name of the Customer, the address of delivery and (if the Customer has expressed the will to receive the invoice or its issuance is necessary for legal or tax reasons) data necessary to issue an invoice, as well as e-mail address and telephone number, unless the above data is already in the possession of the Company, as the Customer purchases as a Registered User - in this case only the confirmation of validity of data is required,
6) confirmation by the Customer of the intention to purchase Products by clicking the "I buy and pay" button,
there is an agreement on the sale of Products between the Customer and the Company concluded.
5. In case of the purchase of a Company`s printer, an additional requirement to enter into an agreement is the acceptance by the Customer of a license to use the printer software.
6. As soon as the following conditions are met:
7) choosing the Services that the Customer wants to buy,
8) making a statement as to whether the Customer is exempt from paying VAT,
9) accepting these Terms & Conditions,
10) choosing a method of payment and delivery,
11) providing Sinterit with the data necessary for the performance of an agreement by the Partner, i.e. the name and surname or name of the Customer, the address of delivery and (if the Customer has expressed the will to receive the invoice or its issuance is necessary for legal or tax reasons) data necessary to issue an invoice, as well as e-mail address and telephone number, unless the above data is already in the possession of the Company, as the Customer makes a purchase as a registered User - in this case confirmation of validity of data is required,
12) confirmation by the Customer of the intention to purchase the Services by clicking the "I buy and pay" button,
there is an agreement between the Customer and the Partner for the sale of Services concluded.
7. Once the Customer has entered the data necessary to conclude the agreement, there is displayed in one place so that the Customer may verify their correctness and correct any errors.
8. Conclusion of an agreement with the Customer is fixed in the Company's IT system.
9. The Company takes appropriate steps to safeguard the contents of an agreement, in particular by backing up the Website and Customers` orders details.
10. Once the Customer`s order is received, Sinterit sends the Customer a confirmation of the conclusion of an agreement and details of the order, to the e-mail address provided by the Customer.
11. At the Customer's request, Sinterit shall immediately provide the Customer with a copy of this Terms & Conditions, by electronic means.
12. Sinterit is bound by the offer (the offer is valid) as long as the relevant information is available on the Website, subject to clause 3 above and clause 13 below.
13. The Company is entitled to make any changes to the information presented on the Website at any time, including but not limited to changes regarding the prices of Products or Services.
14. Changes made pursuant to paragraph 13 above does not affect Products and Services already purchased or pre-ordered by the Consumer, provided that the payment is finalized within maximum of 5 business days after adding Products or Services to the Cart.
15. An agreement on sale of Products or Services is concluded in the English language.
§ 8 Prices and payments
1. Prices of Products and Services are displayed on the Website once the Customer chooses the place of delivery of Products or Services.
2. Prices of Products and Services are based on the place of delivery and not on other Customer`s addresses such as the place of residence or place of business.
3. Prices of Products and Services do not include:
1) packing and delivery costs (applicable to Products);
2) import duties and taxes payable by the Customer in accordance with the laws applicable to the delivery of Products or Services, subject to clause 5 below.
4. The Customer submitting the order declares whether the goods and services ordered are exempt from the obligation to pay VAT, and if yes – the Customer shall provide Sinterit with the VAT-EU number.
5. Customers who are not exempt from obligation to pay VAT will be charged of this tax; it will be added to the price of Products or Services.
6. Should it appear, as a result of the verification made by Sinterit, that the Customer does not benefit from the exemption referred to in clause 4 above, the Customer will be required to pay VAT within 5 working days of sending the relevant information to the Customer by the Company. If Sinterit fails to receive payment in time, Sinterit shall have the right to cancel the order and return the payment to the Customer within 5 working days; the payment may be reduced by transfer fees and exchange rate differences. Sinterit is not obliged to pay interest on the amount refunded.
7. Payment for Products and Services shall be made in a manner chosen by the Customer from the options made available by the Company, within 5 days of placing an order.
8. Bank transfer must be made in such a way that Sinterit does not bear any costs associated with it, other than the costs of accepting the transfer under the Sinterit bank account agreement.
9. If the Customer uses a form of payment other than bank transfer, prices may be increased by the commission charged by a payment system operator.
10. In the event of non-payment for Products or Services within the time limit specified in sec. 7 above:
1) these Products or Services may become inaccessible,
2) shipping time may be changed,
3) Sinterit may waive the Product sale agreement (cancel order).
§ 9 Shipping Products
1. Shipping of Products takes place in the manner chosen by the Customer from the options made available by the Company, if there is more than one option.
2. Shipping options and costs may vary depending on the place where the Products are to be delivered.
3. In exceptional cases, the shipping costs of the Products may be higher than those stated on the Website. In such a situation, the Customer will be informed immediately of the need to make the appropriate payment within 5 working days; if the Customer refuses or fails to make the payment, Sinterit has the right to withdraw from the Product sale agreement (cancel the order) and return the paid Product price to the Customer within the next 5 working days, without interest.
4. Shipping of Products to the Customer takes place within 4 weeks of receipt of Customer`s payment by Sinterit.
5. In exceptional cases, the deadline for sending Products to the Customer may be extended by more than 2 weeks and the Customer will be informed immediately. In such a case, the Customer has the right to withdraw from an agreement (cancel an order) and receive the refund of the price of the Products, without the right to interest (unless Products have been ordered by the Consumer).
6. Approximate delivery time of Products is given on the Website after choosing the method of delivery and results i.a. from the average delivery time of courier services.
7. In case of Non-Consumers, the risk of accidental damage or loss of Products shall be transferred to the Customer once the Company delivers Products for carriage.
§ 10 Shipping Restriction
1. The Company does not send Products to any country or territory covered by the embargo on the basis of Polish or international laws.
2. The Customer submitting the order declares that:
1) he or she or it is not located in the above mentioned country or territory,
2) has no legal seat or domicile in the aforementioned country or territory,
3) is not a person to whom the export of Products is prohibited.
3. Availability of Products and Services in countries and territories other than those referred to in clause 1 above is presented on the Website and may be subject to change.
§ 11 After-sale services
1. Sinterit makes its best effort to respond to Customer inquiries regarding the operation of Products and, in doing so, enables Customers to contact the Company by email at email@example.com. Technical support by Sinterit is provided in Polish or English.
2. Sinterit may also offer Customers the opportunity to purchase on the Website additional Services provided by the Company`s Partners.
3. The details of the Services are provided on the Website, in the description of the given Services.
4. The provision of the Services may involve charging the Customer a fee for the Partner's travel to and from the Customer; these costs are stated in the Service description.
5. Availability of Services may vary by territory.
6. Within 5 working days of receipt of Customer`s payment for the Services, Sinterit will send to the Customer, at the e-mail address provided by him, her or it, a confirmation of the purchase of the Service.
7. For Consumers, the provision of the Service shall commence 14 days after the conclusion of the Service agreement, unless the Consumer has requested the performance of the Service before the deadline for withdrawal from the agreement.
§ 12 Liability of Sinterit towards Consumers and Consumer Complaint Procedure
1. Subject to clause 10 below, the Company's liability to Consumers is governed by applicable Polish laws, in particular in the Civil Code of April 23, 1964.
2. The Company is obliged to deliver Products without defects.
3. The Consumer may make a complaint about the Products in writing by sending a statement to the Company's registered office address or by sending an email to firstname.lastname@example.org.
4. The Company shall inform the Consumer about the manner of handling the complaint in the form chosen by the Consumer to contact the Company; in any case the Company may, next to it or - if the Consumer has given his consent – instead of it, provide the relevant information with other available means.
5. Procedure as in clause 4 above applies also if Company needs to obtain additional information necessary to process the complaint or to take further necessary actions related thereto (e.g. money return, repair or replacement of the Product).
6. Subject to mandatory provisions, the Company shall deal with complaints promptly but not later than within 30 days, where, if completing the complaint by the Consumer is necessary (e.g. by providing additional necessary information or making the Product available to the Company`s inspection) it may be extended.
7. In addition, Sinterit grants Consumer a 12-month guarantee of Product quality, under the terms and conditions set forth below:
Sinterit is responsible for physical defects of the Product disclosed and reported by the Consumer to Sinterit within 12 (twelve) months from the date of delivery of the Product to the Consumer.
Sinterit's warranty does not cover components that are subject to natural wear and tear, including but not limited to removable suction drive rollers, removable main window.
In case of a Consumer complaint is admitted by Sinterit, the Company will remove the physical defects of the Product by its replacement, repair at the Consumer's premises, at the Company's premises or at its Partner`s premises, or send to the Consumer spare parts or refund the price paid for the Product, at Sinterit's discretion.
The choice of how to remove the defect of the Product belongs to the Company.
The Consumer is obliged to enable the Company to carry out repair of the Product at the place where the Product is located, if the Company chooses to remove such defects in this way.
Subject to subclause 9) below, if the defective Product is to be replaced or repaired at the Company`s premises or the Consumer is to be reimbursed for the Product price, the Consumer is obliged to pack the defective Product in a way that protects it from damage and return it at the expense of the Company to the place from which the Product was sent to the Consumer or to another location designated by the Company upon receipt of a complaint, at the Company's option. If the Product has been shipped to the Consumer on a pallet and/or in a flight case, it should be returned in the same way. The Consumer is obliged to use a carrier organized by the Company, unless the Parties have agreed otherwise.
While sending a defective Product back in the situation provided for in subclause 6) above, the Consumer is obliged to use a carrier indicated by the Company, unless the parties have agreed otherwise.
In case of sales outside the European Union and the USA, the costs of delivering the Products to Sinterit and back, if needing repair or replacement, may be chargeable to the Consumer; the relevant information is provided in the Product's description.
Instead of sending a defective Product to the Company, it may order the Consumer to utilize it.
The Consumer loses the warranty provided above if he or she has not examined the Product within 14 days of its receipt and within the same time did not notify the Company of the defect, and if the defect was discovered later - if he or she did not notify the Company within 14 days after he or she found out about the defect.
8. To the extent permitted by the applicable law, any liability of the Company other than that resulting from the mandatory provisions that cannot be changed by these Terms &Conditions and warranty described in clause 7 above shall be excluded.
9. To the extent permitted by the applicable law, any liability towards the Consumers outside the European Union is excluded, except for the guarantee described in clause 7 above.
10. The Company does not provide for a general possibility of alternative dispute resolutions to handle Consumers claims, but any request made by the Consumer on this matter will be considered individually.
11. Complaints related to the Services shall be submitted to the Partner in writing or by e-mail to the addresses given to the Consumer pursuant to § 11 clause 6 above.
12. While handling complaints, the Partner applies the rules analogous with the ones referred to in clauses 4-6 above.
§ 13 Responsibility towards Non-Consumers
1. The Company grants to the Non-Consumers a guarantee of the quality of Products, pursuant to the clauses 2-11 below.
2. Sinterit is responsible for physical defects of the Product disclosed and reported by the Non-Consumer within 12 (twelve) months from the date of delivery of the Product to the Non-Consumer.
3. Sinterit's liability does not include items subject to natural wear and tear, including but limited to removable suction drive rollers, removable main window.
4. If the Non-Consumers complaint is admitted by Sinterit, the Company will remove the physical defects of the Product by its replacement, repair at the Consumer, at the Company`s premises or at its Partner, or send spare parts to the Customer, or refund the price paid for the Product, at Sinterit's option.
5. The choice of how to remove the defect of the Product belongs to the Company.
6. The Non-consumer is obliged to enable the Company to carry out the repair of the Product at the place where the Product is located, if the Company chooses to remove such defects in that way.
7. Subject to clause 9 and 10 below, if the defective Product is to be replaced or repaired at the Company premises or the Non-Consumer is to be reimbursed for the Product price, it is obligatory for the Non-Consumer to pack the defective Product in such a way as to protect it from damage and return at the expense of the Company to the place from which the Product was sent to a Non-Consumer or to another location designated by the Company upon receipt of a complaint, at the Company's option. If the Product has been shipped to a Non-consumer on a pallet or in a flight case package, it should be returned in the same way.
8. When returning a defective Product in the situation set forth in clause 7 above, the Non-consumer is obliged to use a carrier indicated by the Company, unless the Parties have agreed otherwise.
9. In case of sales outside the European Union and the USA, the costs of delivering the Products to Sinterit and back, if necessary for repairs or replacement, may be charged to the Non-Consumer; the relevant information is provided in the Product's description.
10. Instead of sending a defective Product to the Company, it may order the Non-Consumer to dispose of it.
11. The Non-Consumer loses the warranty rights provided above if it has not examined the Product within 14 days of its receipt and did not notify the Company of the defect within the same time limit, and if the defect has been disclosed later - within 14 days after the Non-Consumer found out about the defect.
12. To the extent permitted by law, any other liability of the Company other than that arising from this paragraph shall be excluded, including but not limited to the liability resulting from art. 556-576 of Polish Civil Code, as well as liability for non-performance or improper performance of the Company`s liabilities.
13. For the avoidance of doubt, in particular but not limited to, the foregoing liability of the Company is excluded:
1) exceeding the price paid by the Non-Consumer,
2) the costs incurred by the Non-Consumer in connection with the conclusion of Product sale agreement as well as storage and/or insurance of Products,
3) for damages caused by the defect of the Product,
4) for loss of profits,
5) for incidental, indirect, consequential damages.
14. Provisions of clauses 12 and 13 do not eliminate the exclusions and limitations of the Company's liability under applicable law.
15. The complaint procedure is conducted in Polish or English.
16. Complaints related to the Services shall be submitted to the Partner, in writing or by e-mail, to the addresses given to the Non-Consumer pursuant to § 11 clause 6 above.
§ 14 Withdrawal from an agreement
1. A consumer from the European Union has the right to withdraw from the Product sale agreement or Service agreement, without giving any reason.
2. The period for withdrawal of the Product sale agreement shall expire 14 days after the date on which the Consumer took possession of the Product or in which a third party other than the carrier and designated by the Consumer entered into the possession of Products.
3. The time limit for terminating the Service agreement shall expire 14 days after the conclusion of this agreement.
4. In order to exercise the right to withdraw from the Product sale agreement, the Consumer must inform the Company of his or her decision to withdraw from the agreement, by a clear statement - by sending a letter to the address of Sinterit or by sending an email to email@example.com.
5. In order to exercise the right of withdrawal from Service agreement, the Consumer must inform the Company or the Partner who is to execute the Service of his or her decision to withdraw from the agreement, by a clear statement - by sending a letter to the address of the seat of Sinterit or the Partner or by sending an e-mail to: firstname.lastname@example.org or Partner`s email address.
6. The Consumer may use the template of the withdrawal model form posted by the Company on the Website, however this is not mandatory.
7. To maintain the withdrawal deadline, it is sufficient that the information concerning the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.
8. Subject to paragraph 9 and 14 below, in the event of withdrawal, the Company will reimburse to the Consumer all payments received from him, including delivery costs of the Product (except for the additional costs resulting from the choice of shipping by the Consumer of the non-cheapest method of delivery among from the options offered by the Company). The reimbursement shall be done immediately, but in any event no later than 14 days from the date on which the Company was informed of the Consumer's decision to exercise the right of withdrawal.
9. The Company may refrain from reimbursing payments received from the Consumer until Sinterit receives the Products back or the Consumer provides proof of their return to the Company, whichever occurs first.
10. The Company will use the same payment methods as used by the Consumer in the original transaction unless it is impossible or the Consumer has explicitly agreed otherwise; in any case, the Consumer will not incur any charges in connection with this reimbursement.
11. The Consumer is obliged to deliver the Products to the Company immediately but no later than within 14 days of the date on which the Consumer has withdrew from the Product sale agreement, unless the Company has offered to receive the Products itself. To keep the deadline, the Consumer only need to send the Products before the deadline expires.
12. If the Consumer has received the Product on the pallet and/or in the flight case, it should return the Product in the same way, i.e. on the pallet and/or in the flight case.
13. The Consumer bears direct costs of returning the Products to the Company, at: Rzemieślnicza 20G, 30-363 Kraków.
14. The consumer is responsible for reducing the value of the Product resulting from its use beyond the scope necessary to establish the nature, characteristics and performance of the Product.
15. Where the Consumer claimed to have the Service commenced before the expiration of the withdrawal deadline, the Consumer shall bear the costs associated with it, for the period before the withdrawal.
§ 15 Newsletter
1. The Company offers to User an opportunity to receive commercial and promotional information via a Newsletter, sent by e-mail.
2. The user who has given his / her consent to receive the Newsletter may revoke this consent at any time by sending the relevant information to the Company at the address of its registered office or at: email@example.com or by clicking on the "Unsubscribe" field at the bottom of each Newsletter.
3. Upon receipt of the information referred to in clause 2 above, the Company ceases sending the Newsletter without delay, taking into account the time necessary to remove the User's data from the IT system.
4. A newsletter is a service provided through an unspecified time and the Company may at any time cease its transmission.
§ 16 Personal data
1.Personal data are used solely with relation to using by the User the services supplied electronically by the Company, in particular with intention to present to the User specific data re Company’s offer, to conclude sale or service agreement and to fill the order, as well as for accounting purposes (service of financial clearing with the User).
2.User`s personal data may be shared with Sinterit`s Partners in order to perform Company`s obligations under these Terms & Conditions or provide Services, or to offer other products or services by the Partner.
3. Users’ personal data may be processed with purpose for sending business and marketing information as long as the User agrees to do so. Such consent may be revoked at any moment.
4. In order to execute the order from the User, the Company may pass all of or part of User’s personal data to the entity conducting shipping of Company’s products.
§ 17 Complaints about User`s account or Newsletter
1. All complaints regarding the operation of the User's account or the Newsletter may be submitted in writing to the Company's registered office address or by email to firstname.lastname@example.org.
2. The Company shall process the complaint within 14 days of its notification and inform the User about the result of the complaint to the postal address or e-mail address provided to the Company.
§ 18 Final provisions
1. In matters not regulated in these Terms & Conditions, the provisions of Polish law, in particular the Civil Code, are applicable, and in the case of Consumers, including but limited to the Consumer Rights Act as well.
2. Subject to clause 3 below Polish law is the applicable law that forms the basis for the Company's relations with Consumer and Non-Consumer before entering into any agreement, as well as the right to conclude and implement the above mentioned agreements.
3. In cases specified by mandatory laws in Poland that cannot be changed by these Terms & Conditions, the Consumer may be entitled to the protection granted to him or her on the basis of provisions which cannot be excluded by contract, under the law, which would be appropriate in the absence of the choice of Polish law.
4. Any action or proceeding arising from or relating to this Terms & Conditions, including but not limited to the purchase of Products or Services shall be submitted to the jurisdiction of:
1) in the case of the Non-consumers - a court competent for the legal seat of the Company or its legal succesor,
2) in the case of the Consumers, a court as defined by generally applicable law, unless choice of a court set forth in subclause 1) above is permitted.
5. The Company is entitled to amend these Terms & Conditions at any time, subject to the following provisions.
6. Changes to these Terms and Conditions regarding the Newsletter require the consent of the User who is subscribed to it. Failure to do so will result in the receiving of the Newsletter by the User, who has not agreed to the amendment.
7. Complaints concerning events arising prior to the change of these Terms & Conditions are considered on the basis of previous rules, unless the User has agreed to the change.