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Terms and Conditions

The Online Shop www.outlet3d.eu is managed by Piotr Piechocki, Paweł Woźniak, Wiesław Woźniak B3D spółka cywilna, with its registered office in Damasławek  (62-110), at ul. Wspólna 28, with the taxpayer identification number [NIP]: 7661993941, REGON: 362578537, hereinafter referred to as the “Seller.

The Customer can contact the Seller using the phone numbers : +48 697 506 266, +48 730 323 233, from Monday to Sunday inclusive, between 8.00 and 20.00 (the call charge billed according to the tariff of the caller's network operator) and the e-mail address shop@outlet3d.eu.

 

§1 DEFINITIONS

Terms and Conditionsthis document defining general conditions for the provision of services by electronic means by the Seller through the website available on the Internet at the following address: www.outlet3d.eu. The Terms and Conditions are terms of service as defined by Art. 8 of the Polish Act of 18 July 2002 on Providing Services by Electronic Means (Polish Journal of Laws of 2002, No. 144, item 1204, as amended). The Terms and Conditions shall become a part of the agreement between the Seller and the Customer of the Shop (hereinafter referred to as the Customer”). The Customer by placing an order in the Shop states that he acknowledged himself with the contents of the hereby Terms and Conditions and that he accepts its contents;

Customernatural person, legal person or organizational unit having no legal personality and having legal capacity, who in accordance with legislation may be a party to the Sale Agreement and who on the terms stipulated in these Terms and Conditions places the Order in the Online Shop;

ConsumerCustomer is a natural person, who places the Order in the Online Shop that in not directly linked to its business or professional activity;

Online Shop (hereinafter referred to as the Shop”) – website available at the following address: www.outlet3d.eu, through which the Customer can place the Order;

Websitewebsite via which the Seller runs the Online Shop operating under the domain  www.outlet3d.eu;

OrderCustomer's declaration of intent determining the type and the number of purchased Goods being a subject of a sale agreement;

Sale Agreementsale agreement concluded at a distance  in accordance with the principles set forth in these Terms and Conditions, between the Customer and The Seller via the website of the Online Shop;

Goods movable good available in the Online Shop and the subject of the Sale Agreement;

Registrationprocedure of creating the Customer’s Account in order to place the Order and use the Shop’s offer;

Customer’s Account (hereinafter referred to as the Account”) – service free of charge  provided by the Seller to the Customer who has registered on the Website;

Working Dayday from Monday to Friday, excluding public holidays.

 

§2. GENERAL PROVISIONS

Minimum technical requirements for the Online Shop and placing the Order are: Internet browser Internet Explorer 5.0, Chrome 4.0, Firefox 3.0, Opera 7.11, Safari 4.0 or later with Javascript enabled, accepting cookie files and the access to broadband speeds of not less than 512 Gb/s. The Online Shop operating under the domain  www.outlet3d.eu can be displayed on devices with any screen resolution (depending on your user’s settings).

In order to place the Order in the Online Shop and to allow the provision of services by electronic means by the Seller, the Customer shall have an active electronic mail address.

The Seller uses the cookies files that ensure the correct functioning of the Online Shop on the end-devices of the Customer. The cookies during using the Online Shop services by the Customer are sent by a website server and saved to the hard drive of the Customer's end-device. While using the Online Shop the Customer can turn the cookies off in the internet browser’s settings, which may however cause difficulties or unable its usage. More information about cookies may be found in Cookie policy.

The Customer shall be obliged not to provide the content that is unlawful, contrary to the law, common decency or actions which infringe or threaten to infringe the rights of third parties.

The Seller owns all proprietary rights and copyrights to this Online Shop, including the right to the name of the Online Shop, to the domain name of the Online Shop and photos of the Goods. The above-mentioned rights may be used only with the consent, in writing, of the Seller.

 

§3. GENERAL SALES CONDITIONS

The Seller in the Online Shop sells new and used highly advanced accessories, frequently used to build scanners 3D, printers 3D, CNC machines, laser engraving machines and other machines requiring the use of high-tech equipment.

The Goods presented on the website of the Internet Shop  constitute an invitation to conclude an agreement as defined in Art. 71 of the Polish Civil Code, and they do not constitute any offer pursuant to Art. 66 of the Polish Civil Code.

The Sale of Goods shall be performed through the conclusion of the Sale Agreement via the Internet. The Sale Agreement is concluded by placing the Order by the Customer and by the confirmation of the Order by the Seller.

The Online Store shall issue a sales receipt in the form of an invoice for all the Goods sold. The Seller shall be liable for the tax and issue the VAT invoices.

 

§4. ORDERING PROCESS

The Order can be placed 24 hours a day, seven days a week through the Website of the Online Shop.

The Order can be placed by registration and creating the Customer’s Account in the Online Shop or as a guest without registration. In order to be registered the Customer shall complete the registration form on the Website of the Online Shop and sent it by electronic means to the Seller by choosing the appropriate option on the form. During the registration process the Customer creates a unique username and password for the Customer’s Account. The Customer undertakes to protect and not to disclose the username and password to unauthorized persons.

Once the registration form is submitted, to the Customer’s e-mail address given in the form shall be sent an email confirming the registration. As of this moment, the agreement for managing the Customer's Account by electronic means shall be concluded for an indefinite period of time. The Customer shall have access at all times to the Customer’s Account and right to change the data. The Customer may terminate the agreement for managing the Account by sending to the Seller’s address (ul. Dereniowa 4, 61-306 Poznań) or by electronic means a notice of termination of the agreement. The Seller may terminate the agreement for managing the Customer's Account with a seven-day notice if the Customer is in breach of the provisions of the present Terms and Conditions or of other generally binding legal regulations.

The Customer places the Order through the Website by choosing the Goods and  adding them to the basket. Then, the Customer shall specify the delivery address, the form of delivery and the payment method. The summary of the Order shall contain the Goods chosen by the Customer with their unit price,  the delivery cost and all the additional costs that the Customer shall cover related to the conclusion of the Sale Agreement. Once the Customer confirms the Order, thereby places it, the Order form shall be sent to the Seller.

Placing the Order by the Customer constitutes a proposal for the Seller to conclude the Sale Agreement of the Goods  forming the subject of the Order.

Upon placing the order, the Seller shall confirm the Order by return e-mail.

Upon the Order confirmation the Seller shall send the acceptance of the Order for execution, its summary and the indication of the Sale Agreement conditions to the e-mail address provided by the Customer.

The Sale Agreement deemed to be concluded when the Customer receives an e-mail with information on the acceptance of the Order for execution.

§5. PAYMENT

Price specified next to each Good on the Online Shop’s Website are expressed in Polish Zloty PLN (gross), US dollars (USD), Euros EUR and Pounds Sterling (GBP). The prices do not include delivery costs and any other costs that the Customer is obliged to pay in connection with the Sale Agreement. The additional costs shall be provided  in the course of placing the Order.

Payments for the Goods can be made by:

a) bank transfer using the ancillary payment przelewy24.pl, operated by DialCom24 sp. z o.o. with registered office in Poznań,

b) bank transfer using the ancillary payment  PayPal, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. with registered office in Luxembourg;

c) bank transfer to the bank account held by the Seller,

d) cash on delivery, the Customer pays for the Goods at the time they are delivered.

Where the online payment was chosen by the Customer, the execution of the Order shall follow the payment notification received by the Seller.

Where the bank transfer was chosen by the Customer, the execution of the Order shall follow the crediting of the payment to the bank account of the Seller.

The Customer, who chose bank transfer or online payment, is obliged to make payment for the placed Order within 5 Working Days from the date of placing the Order. Where no payment has been made within the aforementioned deadline, the Seller shall fix additional deadline for payment. The Seller shall send the Customer information on the additional deadline for payment, along with notification of the withdrawal from the Sale Agreement in the event of failure to pay within the deadline. The notification shall be sent to the e-mail address provided by the Customer. Upon ineffective expiration of the next payment deadline, the Seller withdraws from the Sale Agreement by sending the statement of withdrawal to the e-mail address provided by the Customer according to the Art.491 of the Polish Civil Code.

 

§6. DELIVERY

The Shop sells the Goods outside the Republic of Poland.

The Seller undertakes to deliver the Good being the subject of the Sale Agreement without defects.

The Seller in the course of placing the Order by the Customer shall provide information about the available delivery methods, delivery costs and the planned delivery date calculated in Working Days. The delivery time does not include the time needed for the execution of the Order i.e. the time when the Order is prepared for dispatch. The Order shall be executed as soon as possible and at the latest within 1-2 Working Days.

The Order shall be delivered through the chosen by the Customer courier service to the address provided in the form.

The day of the Good’s dispatch the e-mail confirming the sending of the parcel shall be sent  to the e-mail address provided by the Customer.

 

§7. WITHDRAWAL

The Client who is the Consumer, with whom the Seller concluded the Sale Agreement, has the right to withdraw from the agreement without giving any reasons within 14 days from the date of its conclusion. The returned Goods shall be sent to the following address: B3D s.c., ul. Dereniowa 4, 61-306 Poznań.

The Consumer has the right to withdraw from the Sale Agreement by sending the statement of withdraw from the agreement to the Seller. The period for withdrawal shall be deemed to have been observed if the statement of withdrawal is sent before its expiry. The statement of withdrawal shall list the name, surname, address details, phone number, where available, and the proof of purchase of the Good in the Shop e.g. the proof of payment or the invoice. If the payment was made using the ancillary payment przelewy24.pl, PayPal or at the time the Good was delivered, the statement of withdraw shall also indicate the account number to which the funds  for withdrawal from the agreement shall be transferred. When withdrawing from the agreement, the Consumer may complete the model withdrawal form given in annex 1 to these Terms and Conditions, which may be found under their content, at the bottom of the page. The use of the form is not compulsory. The statement of withdrawal shall be sent to:

- the following e-mail address: shop@outlet3d.eu. The Seller shall, without delay, acknowledge this reception of the withdrawal statement by e-mail

Or

- the following address: ul. Dereniowa 4, 61-306 Poznań.

In the event of a withdrawal from the Sale Agreement, the agreement shall be considered not concluded.

If the Consumer submitted a statement of the withdrawal from the Sale Agreement before the Seller accepted his or her offer, the offer becomes invalid.

The Seller shall promptly, however no later than within 14 days from the date of receipt the Good, refund the Consumer all the payments made by him or her, including the costs of the Goods delivery to the Consumer.

If the Consumer chooses a different method of Goods’ delivery than the cheapest, regular method of delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.

The Consumer shall bear the cost of shipment of the returned Goods to the Seller (direct cost of returning the goods).

The Seller shall refund the payments using the same method of payment used by the Consumer, unless the Consumer clearly agreed to a different method of refunding that does not include any costs.

If by its nature the Good cannot normally be returned by post, the Seller shall provide the information about the  cost of returning the Goods on the Website of the Shop.

The Customer shall return the Good to the Seller or hand it to a person authorized by the Seller immediately, however not later than within 14 days from the date of the withdrawal from the Sale Agreement, unless the Seller has offered to collect the Goods himself. To abide by the deadline, it is enough to send the Good to the Seller's address before expiry of such deadline.

The Customer shall bear liability for a decrease in the value of the Good as a result of use thereof in a manner outside the manner necessary to determine the nature, features and functioning of the Good.

The Customer shall have no right to withdraw from the Sale Agreement if the subject of the agreement are Goods which, after delivery, according to their nature, inseparably mixed with other items.

§ 8. IMPLIED WARRANTY

The Seller ensures delivery of the Good free of physical and legal defects. The Seller shall be liable towards the Customer if the Good has physical or legal defects (implied warranty).

The Seller is exempted from liability under the statutory warranty if the Customer knew about the defect when concluding a Sale Agreement.

If the Good is defective, the Customer may:

1) submit a price reduction statement or the statement of withdrawal from the Sale Agreement rescission of the Contract of Sale, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Good with a non-defective one or removes the defect.

This limitation shall not apply if the Good has already been replaced or repaired by the Seller, or if the Seller failed to fulfil the obligation to replace the Good with a non-defective one or to remove the defect.

The Customer who is the Consumer may demand replacement of the Good with a non-defective one instead of removal of the defect proposed by the Seller, or demand removal of the defect instead of replacement of the Good, unless making the Good compliant with the agreement in a manner chosen by the Customer is impossible or would require excessive costs as compared to the manner proposed by the Seller. When assessing if the costs are excessive, one shall take into account the value of the Good free from defects, the type and importance of the discovered defect, as well as the inconvenience experienced by the Customer in the event of other manner of satisfaction of the claim.

2) demand replacement of the defective Good with a non-defective one or removal of defect.

The Seller shall replace the defective Good with a non-defective one or remove the defect within a reasonable time without excessive inconvenience to the Customer. The Seller may refuse to fulfil the Customer's demand if making the defective Good compliant with the Sale Agreement in the manner selected by the Customer is impossible, or would require excessive costs as compared to the other possible manner of making the Good compliant with the Sale Agreement.

The cost of repair or replacement shall be incurred by the Seller.

If the Customer is an entrepreneur, the Seller may refuse to replace the defective Good with a non-defective one or remove the defect also when the costs of fulfilling the Customer's demand are greater than the price of the Good.

The Customer exercising the rights under the implied warranty shall deliver the defective Good to the Seller's address: ul. Dereniowa 4, 61-306 Poznań along with the proof of purchase of the Good (e.g. the invoice or the proof of payment for the Good) and include the following details: name, surname, address details, phone number, where available, e-mail address as well as the kind of entitlement from which the Customer wishes to benefit.

Any complaints related to the Good or performance of the Sale Agreement may be submitted by the Customer in writing to the Seller's address: ul. Dereniowa 4, 61-306 Poznań or to the Seller’s e-mail address: shop@outlet3d.eu.

If the Customer is a Consumer, the Seller covers the delivery cost of the defective Good.

The Seller shall consider the complaint within 14 days from the delivery date of the defective Good to the Seller's address ul. Dereniowa 4, 61-306 Poznań. The Seller does not accept parcels delivered cash on delivery.

The Seller shall be liable under the implied warranty if a physical defect is discovered before two years pass since release of the Good to the Customer. The claim for removal of defect or replacement of the Good with a non-defective one shall be barred by the statute of limitations after one year, however such time-limit may not end before a time-limit specified in the first sentence. Within this time-limit the Customer may withdraw the Sale Agreement or submit a price reduction statement due to defect of the Good. If the Customer demanded replacement of the Good with a non-defective one or removal of the defect, the time-limit for withdrawal of the Sale Agreement or submission of the price reduction statement shall start running upon ineffective expiry of the time-limit for replacement of the Good or removal of the defect.

If the Customer is a Consumer and the Good which is the subject of the Sale Agreement is a used movable, the Seller’s liability is limited to one year pass since release of the Good to the Customer. 

 

§ 9. GUARANTEE

The Seller shall grant a guarantee of 14 days for the Good that was previously used. The guarantee period shall start from the date of delivery of the Good to the Customer to any third party designated by the Customer.

The Seller shall grant a guarantee of 12 months for the Good that is new. The warranty period shall start from the date of delivery of the Good to the Customer to any third party designated by the Customer.

The guarantee involves in the replacement of the Good with physical or legal defect for the Good without defects.

If the Customer that wishes to benefit from the guarantee shall deliver the defective Good to the Seller's address: ul. Dereniowa 4, 61-306 Poznań along with the proof of purchase of the Good (e.g. the invoice or the proof of payment for the Good) and include the following details: name, surname, address details, phone number, where available, e-mail address and indicate that wishes to benefit from the guarantee.

The Customer that wishes to benefit from the guarantee may notify the Seller about it by e-mail shop@outlet3d.eu.

The Seller shall consider the request for granting the guarantee within 14 days from the delivery date of the defective Good to the Seller's address ul. Dereniowa 4, 61-306 Poznań. The Seller does not accept parcels delivered cash on delivery.

The Good shall not be covered by the guarantee if the damages are not the result of the normal use of the Good for the purpose for which it was intended.

 

§ 10. FINAL PROVISIONS

1.      Principles relating to processing of personal data are described in Privacy Policy.

2.      Principles relating to the use of cookies are described in Cookie Policy.

3.   In the case of agreements with the Customers being Consumers, the Seller shall be liable only for deliberate damage and within the limits of losses actually incurred by the Customer being the Consumer.

4.     The governing law for the resolution of the disputes resulting from the Sale Agreement is the law binding within the territory of the Republic of Poland.

5.     In the event of a dispute with the Seller, the Customer being the Consumer shall be entitled to request from Permanent Consumer Arbitration Court of Trade Inspectorate the resolution of the dispute resulting from the Sale Agreement. The Consumer is also entitled to request the  mediation or the resolution of the dispute from another arbitration court. Lists of permanent mediators are kept by mediation centres and forwarded to presidents of regional courts.  Detailed information about the Consumer’s ability to use out-of-court dispute resolution with the Seller may be available at the offices and on the websites of county (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection also on the website of the Office of Competition and Consumer Protection.

6.       Any disputes arising between the  Seller and the Customer who is an entrepreneur shall be settled by the competent Courts of Seller’s registered office.

7.      Any disputes arising between the  Seller and the Consumer shall be settled by the competent common court in compliance with the provisions of generally applicable law.

8.      The Seller reserves the right to amend or supplement these Terms and Conditions.  The Seller shall inform about the introduced amendments in the Terms and Conditions  through the Website of the Shop.

9.      In the matters not governed by the present Terms and Conditions the provisions of the generally applicable law shall apply,  in particular it refers to the Act of  23 April 1964 - the Polish Civil Code,  the Act of  17 November 1964.

10.   These Terms and Conditions shall apply from 1 January 2019 

 

ANNEX 1

 

MODEL WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract )

 

To Piotr Piechocki B3D s.c. ul. Dereniowa 4, 61-306 Poznań, tel.: +48 657 506 266, +48 730 323 233, e-mail: shop@outlet3d.eu

 

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Date of agreement conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Name and surname of the consumer(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Address of the consumer(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 – Refund method e.g. bank account number / postal transfer . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 – Consumer’s signature (only if this form is notified on paper): . . . . . . . . . . . . . . . . . . . . . . . . .

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Date:  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

(*) Delete as appropriate.