The present document (General Conditions of Sale) defines the conditions applicable to the sales concluded between on the one hand the persons of type "Particular" and "Professional" carrying out a purchase via the Internet site of Atome3D.com, hereafter called " the Customer " and on the other hand the company SAS 3D France, hereafter called " 3D France ", the Professionals are brought to contact the customer service and do not benefit from the whole of the conditions applicable to the private individuals and in particular the Article 6.
ARTICLE 1 - APPLICATION OF THE GENERAL TERMS OF SALE
The present document (General Conditions of Sale) defines the conditions applicable to the sales concluded between on the one hand the persons of type "Particular" and "Professional" carrying out a purchase via the Internet site of Atome3D.com, hereafter called " the Customer " and on the other hand the company SAS 3D France, hereafter called " 3D France ", the Professionals are brought to contact the customer service and do not profit from the whole of the conditions applicable to the private individuals and in particular the Article 6.
ARTICLE 2 - ORDERS
2.1 Orders can be placed on the website www.atome3d.com or in the store.
2.2 French is the one and only language proposed for the conclusion of the sales contract.
2.3 The characteristics of the products are indicated on each product page. The photographs as well as the descriptive elements of the products, do not enter the contractual field, if these elements contain errors, in no case the responsibility of 3D France could be committed. The manufacturers can change without notice the technical characteristics of the products referenced by 3D France can at any time update and modify its products characteristics as well as withdraw from the sale its products.
2.4 In case of unavailability of a product, 3D France will contact the Customer as soon as possible. The Customer will then be informed about the delay of the product availability. If the Customer doesn't want to wait for this availability or if the product is definitively unavailable and in the case the order has been paid, 3D France commits to refund the Customer within 30 days after the payment date by the Customer.
2.5 Any order placed on www.atome3d.com does not require the creation of a Customer Account. The access to the Customer Account is done with the login and the password indicated during the creation of the Customer Account. 3D France can't be held responsible for any action done through or on your Customer Account by a third party to whom you would have communicated your login and password or who would have had access to your login and password or to your Customer Account following a mistake or a negligence attributable to you.
2.6 The checkbox on the acknowledgement and acceptance of the General Terms and Conditions of Sale as well as the click on the "ORDER" button, validate the order. These actions are equivalent to an "electronic signature" and a handwritten signature. They constitute an irrevocable and unconditional acceptance of the order and the General Conditions of Sale by the Customer. The data recorded by the website www.atome3d.com on Internet constitute the proof of all the transactions between 3D France and its Customers.
2.7 The Customer order number is given as an indication and does not correspond in any case to the invoice number. The invoice is communicated to the customer by e-mail. The Customer is strongly advised to keep this invoice.
2.8 The order placed on www.atome3d.com can be automatically cancelled if payment is not received. This cancellation delay is extended to 5 days in case of payment by bank transfer. 3D France reserves the right not to validate your order for any legitimate reason, in particular in the hypothesis where this one would not be in conformity with the present General Conditions of Sale or in the case where several serious and concordant elements would make weigh a suspicion of fraud on your order.
2.9 The customer can cancel his order as long as it is not transmitted to the logistic services, the transmission to the logistic services corresponds to the sending of the email specifying that the order has been shipped. When the order is prepared, the cancellation can only be done by refusal of the Customer during the presentation of the parcel. Concerning the professionals, no unilateral cancellation of order from their parts will be accepted without the prior agreement of 3D France.
2.10 The information communicated by the Customer when placing the order (notably name and delivery address) engage this one. So, the responsibility of 3D France can't be engaged in the eventuality where an error during the order placement would cause a delay or an impediment of the delivery.
2.11 The Customer has the possibility to order a product not yet available for delivery, this is indicated on the product sheet as a "pre-order" product. The Customer pays the sales price and will be delivered from the date indicated on the product sheet. The product is reserved in the Customer's name while waiting for delivery.
2.12 The rental contract is subject to acceptance by our financial partner. Any refusal leads to its cancellation and does not engage the responsibility of 3D France.
2.13 For any order subject to a financing, it is imperative that the customer contacts the sales department of 3D France in order to receive a personalized proposal.
2.14 The company 3D France commits itself not to keep the credit card data on the website.
ARTICLE 3 - PRICES
3.1 All the prices of the products and services offered for sale on the website www.atome3d.com are expressed in euros excluding taxes and excluding shipping costs. They are subject to change in the event of a change in the VAT rate.
3.2 3D France reserves the right to modify its prices at any time but commits itself to apply the prices in force when the order is registered, subject to the availability of the products at this date.
3.3 The ordered products remain the property of 3D France until full and complete payment of the price. However from the reception of the order by the customer or his representative, the risks of the delivered goods are transferred to the customer.
3.4 The amount of the delivery fees is automatically calculated according to each order, it appears on the summary of your order, before its final registration.
ARTICLE 4 - DELIVERY AND TRANSPORT
4.1 Delivery is made either by direct handover to the Customer in store or by delivery to the address indicated on the order.
4.2 In the case of delivery of the order to the Customer by our carriers, if the order is not claimed by the Customer, this one will be sent back to 3D France, the return fees being at the charge of the Customer. This return causes the cancellation of the contract and the refund of the sums paid by the Customer minus the return fees.
4.3 3D France disclaims all liability for late delivery in two main cases: the delay is related to a case of force majeure (L114-1 Code de la consommation; art 15 LCEN), the delay is attributable to the buyer (art 15 LCEN).
4.4 3D France reserves the right to choose the carrier.
ARTICLE 5 - CONFORMITY
5.1 The Customer is required to check the conformity of the goods delivered before signing any delivery document. In case of anomaly, the Customer must indicate his reserves, followed by his signature, directly on the delivery document. In the event of a serious anomaly (damaged or open packaging, missing or damaged products), the Customer must refuse the package and specify on the delivery document the reasons for refusing to accept the package. This verification is considered to have been carried out when the Customer, or any person authorized to receive the package on his behalf, has signed the delivery document. The customer must also confirm the reserves to 3D France, by registered mail with acknowledgement of receipt, within 3 working days after the reception of the order. Any claim made outside of this period will not be accepted.
5.2 3D France commits to refund or exchange the products which would not be in conformity with the Customer's order. The Customer has to send a written request via the contact form on the website www.atome3d.com or by registered mail with acknowledgement of receipt to 3D France within 15 days after the delivery date. This complaint relative to the non-conformity of a product compared to his order must be accompanied by the choice of the Customer between the refund or the exchange. Any claim made outside this period will not be accepted. Any request for exchange by the Customer must comply with the procedure defined in Article 6.
5.3 In the cases referred to in this Article 5, the return of products will only be accepted for products returned complete, in their original condition (original packaging, instructions, accessories). In these cases, the return fees will be refunded by 3D France.
5.4 In accordance with the provisions in force, 3D France will not accept the return of consumables when they have been unsealed by the Customer. The consumables correspond to the Filaments, Resin, Cleaning/ Smoothing Products as well as the Used Spare Parts* sold by 3D France
The user is the only one responsible for the installation and the use of the Used Spare Parts*, once unpacked the part will not be taken back, nor exchanged and this whatever its duration of use or life.
Used Spare Parts*: Screens, Nozzles, Heating Cartridges, Probes, Extrusion Heads, Films, Trays, Tray, Light Sources, Extrusion PCBs, Extrusion Fans, Extrusion Tablecloths etc.
The Customer is responsible for the installation and use of the spare parts, under its conditions no warranty shall be applicable.
ARTICLE 6 - PAYMENT
6.1 Orders are payable in cash on the day of the order for payments via credit card (CB, Mastercard, VISA). The entry of banking information is done on a secure server to ensure the security and confidentiality of information provided during the banking transaction.
6.2 Payment by bank transfer is available and must be made within a maximum of 5 days after validation of the order by the Customer. In case of non-payment after this period. 3D France reserves the right to cancel the order.
6.3 The order will be considered as accepted and the shipment executed by 3D France only when the concerned banking payment centers, will have given their agreement and that 3D France will have validated the order regarding its risks acceptance criteria.
6.4 In order to limit frauds, 3D France reserves the right to accept the sale to ask the Customer to prove his identity and his residence. In this case, the order will be processed as soon as we receive these documents. 3D France reserves the right to cancel the order in case of lack of reception of these documents or reception of documents judged not in conformity.
6.5 Within the framework of a financial lease, the validation of the order is conditioned by the acceptance of the file by our financial partner and the payment of the rents is carried out exclusively by SEPA direct debit according to the schedule provided by the financing organization.
ARTICLE 7 - WARRANTY
7.1 As soon as a problem occurs with one or several products bought on the website www.atome3d.com, the Customer has to contact 3D France directly by phone at 01 79 75 30 70.
7.2 All the products on sale on the website www.atome3d.com benefit from the legal guarantee of the hidden defects on the sold products and the defects of conformity of the goods to the contract under the conditions envisaged in the articles L.211-1 of the following of the code of the consumption and the redhibitory defects under the conditions envisaged in the articles 1641 to 1649 of the civil code.
7.3 Products under warranty are indicated as such on the product sheet.
7.4 The shipping or travel costs generated by a return under warranty of the products are the responsibility of the customer. The expenses of sending back the product to the customer are in charge of 3D France or its suppliers when the product in the case or the article was returned in its original packing (or in a packing allowing its forwarding), in the contrary case, the customer will have to recover the material in hand.
7.5 Unless otherwise specified on the order form, the financial rental does not give the right to any guarantee on the wearing parts which remain the responsibility of the customer. At the end of the rental, the customer commits himself to return the equipment to 3D France at his expenses in good working condition. In defect, any expenses of restoration will remain in charge of the customer.
ARTICLE 8 - INTELLECTUAL PROPERTY
All texts, images, photographs, logos and textual or graphic creations reproduced and integrated on the Site www.atome3d.com are protected in particular under intellectual property and copyright law. In accordance with the provisions of the code of the intellectual property, only the use for a private use is authorized. Any total or partial reproduction of the Site www.atome3d.com is strictly prohibited.
ARTICLE 9 - LIABILITY
9.1 The photographs on the product sheets are not contractual. The Customer must ensure the technical characteristics of the products before proceeding with the order.
9.2 The responsibility of SAS 3D France can't be engaged in case of obvious error between the characteristics of the product, its illustration and its sales conditions.
9.3 The total or partial impossibility to use products because of incompatibility of materials can't give place to any compensation or refund or questioning of the responsibility of 3D France.
9.4 Concerning the purchase for professional use on the website www.atome3d.com, it is reminded that 3D France is not responsible for any damage which could occur after the purchase of products for a professional use. 3D France could not be held responsible for any operating loss suffered by a professional following the use of the products or a delay of delivery.
9.5 3D France is also not responsible for the use of the products bought on the website www.atome3d.com. So, 3D France won't be responsible in case of 3D printing which use could be against the law.
ARTICLE 10 - CUSTOMER SERVICE
For any question, claim, need for information, the Customer Service is available to visitors by:
- E-mail at email@example.com
- Telephone at 01 79 75 30 70
- By mail at:
12G rue de l'Europe
ARTICLE 11 - TECHNICAL SERVICE
3D France can provide a technical service (repair, change of parts) on customer's request and agreement of 3D France. An estimate will then be provided to the customer. The estimate will include the following elements:
- Shipping and forwarding costs of the equipment
- Cost of the parts to be changed
- Labor : 75€HT/hour
ARTICLE 12 - PERSONAL DATA AND DATA PROCESSING
The information collected when ordering on the site www.atome3d.com is recorded in a computerized file for the purposes of tracking product orders, their processing, delivery and the application of legal and commercial guarantees.
They are kept for 5 years and are intended to ensure the application of warranty conditions as well as after-sales technical services.
In accordance with the law "informatique et libertés", you can exercise your right of access to your data and have them rectified by contacting our services.We inform you of the existence of the "Bloctel" list of opposition to telephone canvassing, on which you can register here: https://conso.bloctel.fr/.
We inform you of the existence of the "Bloctel" opposition list to telephone canvassing, on which you can register here: https://conso.bloctel.fr/.
ARTICLE 13 - AMICABLE SETTLEMENT OF DISPUTES
Under Article L. 612-1 of the Consumer Code "Any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable settlement of the dispute between him and a professional. "
The disputes falling within the scope of Article L. 612-1 of the Consumer Code are the disputes defined in Article L. 611-1 of the Consumer Code, namely disputes of a contractual nature, relating to the performance of a contract of sale or supply of services, between a consumer and a professional. The text covers both national and cross-border disputes.
For any difficulty, we invite you to contact us beforehand or to contact our after-sales service:
SAS 3D France
Bâtiment ATOMIUM, 12G rue de l'Europe, 31150 Lespinasse
Tel number : 01.79.75.30.70
Email : firstname.lastname@example.org
An online dispute resolution platform is available: https://www.mediation-vivons-mieux-ensemble.fr/
Within one year of your request to our services, in application of article R. 616-1 of the French Consumer Code, you may have your request examined by a mediator whose contact information is given below, knowing that a dispute may only be examined, except in exceptional cases, by one mediator: https://www.mediation-vivons-mieux-ensemble.fr/
European Consumer Center France : European Consumer Center France Indigo number 0 820 200 999 (0.09 EUR/min) By phone: (0049) 7851.991.48.0 By fax: (0049) 7851.991.48.11 By mail :email@example.com By mail : Bahnhofsplatz 3, 77694 Kehl - GERMANY Website : http://www.europe-consommateurs.eu You can, at your own expense, be assisted by a counsel.
ARTICLE 14 - APPLICABLE LAW AND JURISDICTION
These general conditions of sale shall be governed by French law.
FOR PROFESSIONAL CUSTOMERS, ANY DISPUTE RESULTING FROM THE FORMATION, INTERPRETATION OR PERFORMANCE OF THIS CONTRACT WILL BE UNDER THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE SPIRIT OF TOULOUSE, INCLUDING IN REFERENCE, NOT WITHSTANDING PLURALITY OF DEFENDANTS OR APPEAL FOR WARRANTY.