ARTICLE 1 – APPLICATION OF TERMS AND CONDITIONS
The present document (General Conditions) defines the conditions applicable to the sales concluded between, on one hand, a "Private" individual or a "Professional" entity, making a purchase via the web site of Atome3D.com, hereafter called "the Customer", and on the other hand, the company 3D France, hereafter called "ATOME3D". 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 2 – ORDERS
2.1 Orders can be placed on the website www.atome3d.com or in Atome3D’s store.
2.2 French is the only language used to conclude the sale/purchase contract.
2.3 Product characteristics are indicated on each product page. The pictures as well as the description of the products, are not part of the contractual field, if any of these elements contain errors, Atome3D can't be held responsible. The manufacturers can change without notice the technical data of their products referenced by Atome3D, and can at any time update and modify its products characteristics as well as withdraw them completely.
2.4 In case a product was unavailable or out of stock, Atome3D will contact the Customer as soon as possible. The Customer will be informed about the delay of the product availability. If the Customer doesn't want to wait for the product to be available or if the product is definitively unavailable while the order has been already paid for, Atome3D will refund the Customer within 30 days after the payment date.
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 username and the password chosen during the creation of the Customer Account. Atome3D can't be held responsible for any action done 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 because of a mistake or a negligence attributable to you.
2.6 The checkbox on the acknowledgement and acceptance of the Terms and Conditions as well as clicking on the button "ORDER", 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 Terms and Conditions of Sale by the Customer. The data recorded by the website www.atome3d.com are the proof of all the transactions between Atome3D and its Customers.
2.7 The Customer order number is given as an indication and does not correspond to the invoice number. The invoice is sent to the customer by email. The customer is advised to keep this invoice.
2.8 The order placed on www.atome3d.com can be automatically cancelled if the payment is not received. This cancellation delay is extended to 5 days in case of payment by bank transfer. Atome3D reserves the right not to validate your order for any legitimate reason, in particular if this one does not conform with the present Terms and Conditions or in the case where several serious and concordant elements would cause 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 sent. When the order is prepared, the cancellation can only be done by refusal of the parcel. As for the professionals, no unilateral cancellation of the order will be accepted without the agreement of Atome3D.
2.10 The information communicated by the customer during the order (name and delivery address) commits him. So, the responsibility of Atome3D can't be engaged in the eventuality where an error during the order would cause a delay or a prevention of the delivery.
2.11 The Customer has the possibility to place an order for a product that’s not yet available in stock, these products are usually on “pre-order” period. After payment, the goods will be delivered to the Customer once the date mentioned on the product page arrives. This date being given as an indication, it is not a guarantee and will not be the subject of any compensation if a delay comes up.
2.12 The rental contract is subject to acceptance by our financial partner. Any refusal leads to its cancellation and Atome3D can't be held responsible for it.
2.13 For any order which is subject to financing, it's imperative that the customer contacts the sales department of Atome3D in order to receive a personalized proposal.
2.14 The company Atome3D is committed to not keep the credit card data on the web site.
ARTICLE 3 – PRICES
3.1 All prices of products and services offered on the site www.atome3d.com are sold in Euro currency excluding taxes and excluding shipping costs. They are likely to vary in case of change of the VAT rate.
3.2 Atome3D reserves the right to edit its prices at any time but commits itself to apply the existing prices when the order is already registered, subject to the availability of the products at this date.
3.3 The ordered products remain the property of Atome3D until the full and complete payment of the price. However, from the reception of the order by the customer or his representative, the full ownership (risks included) of the delivered goods are transferred to the customer.
3.4 The amount of the delivery costs is automatically calculated according to each order, it appears on the summary of your order, before its final payment step.
ARTICLE 4 – DELIVERY AND TRANSPORTATION
4.1 The delivery is made either by pick up in our store or by delivery to the customer’s address indicated on the order.
4.2 If the order is not claimed by the customer, it will be sent back to Atome3D by the carrier. This return will cause the cancellation of the contract and the refund of the paid sums. The return costs are at the customer's charge, this refund will not include the shipping costs and the return costs. The reimbursement will be done at the reception of the parcel.
4.3 Atome3D is not responsible for any delay in delivery in two main cases : the delay is due to a case of force majeure (L114-1 Code de la consommation; art 15 LCEN), the delay is due to the buyer (art 15 LCEN).
4.4 Atome3D is not responsible in case of a mistake in the shipping address made by the customer during the order. In case of failure of delivery by the carrier because of absence of the addressee or because of an anomaly of address, the order can be deposited in a Pickup point or be returned to us. This return causes the cancellation of the contract and the reimbursement of the sums paid by the Customer minus the shipping costs as well as the return costs. The refund will be done at the reception of the parcel.
4.5 Atome3D 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 Atome3D, by registered mail with acknowledgement of receipt, within 3 working days after the reception of the order. Any claim made after this delay will not be accepted.
5.2 Atome3D commits itself to refund or exchange the products which would not be in conformity with the customer's order. The Customer has to send his request in writing via the contact form on the website www.atome3d.com or by registered mail with acknowledgement of receipt to Atome3D 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 respect the procedure defined in “Article 6”.
5.3 In the cases mentioned in the present “Article 5”, the return of the products will be accepted only for the products returned complete, in their original state (original packing, notice, accessories). In these cases, the return costs will be refunded by Atome3D.
5.4 In accordance with the current regulations, Atome3D will not accept the return of consumables when they have been unsealed by the customer. The consumables are Filaments, Resin, Cleaning/ Smoothing Products and Spare Parts* sold by Atome3D.
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 the duration of its use or life.
* Used Spare Parts: Screens, Nozzles, Heating Cartridges, Probes, Extrusion Heads, Films, Trays, Light Sources, Extrusion PCBs, Extrusion Fans, Extrusion Mats etc...
The customer is responsible for the installation and use of the spare parts, under these conditions no warranty is applicable.
ARTICLE 6 – "14 DAYS SATISFIED OR REFUNDED" SERVICE
6.1 In accordance with Article L.121-20 et seq. of the French Consumer Code, the consumer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty (subject to conditions), with the exception of actual shipping and return costs.
The product must be returned in perfect condition, in its original undamaged packaging. It must be accompanied by all its accessories (manuals, cords, remote controls, guarantees, etc. ...). Otherwise, you will lose your right of withdrawal and the product will be returned at your expense.
6.2 In order to optimize the conditions of return of the product(s), it is imperative that the return be approved beforehand by our Customer Service who will send a return agreement to the Customer. The approval may be refused in case of non-compliance with the terms of the "14 days money back" service. The return will only be accepted if the product is in perfect condition, i.e. in its original packaging, undamaged, without traces of wear and tear and accompanied by all its accessories. Items returned by the Customer that are incomplete, damaged and/or contain traces of wear and/or poor condition will be refused. If the product respects the above conditions, Atome3D will be able to apply an unbounded discount according to the state of the machine, the components and the accessories sold with it, and the packaging following the customer's use.
The return fees are paid by the customer. The shipping fees are not eligible for refunding. By law, the goods travel at the customer's risk. Atome3D recommends to the customer to take all the necessary insurances to cover these risks as well as all the precautions for the protection of the product. The reimbursement of the Customer will be done by crediting his bank account within 30 days after the date when the right of retraction has been exercised. The Customer has 14 days from the delivery of his order to return any article which doesn't suit him within the "14 days satisfied or refunded" service. In order to set up this return, the customer has to contact the Atome3D customer service using this contact form.
*The "14 DAYS SATISFIED OF REFUNDED" service doesn't apply to professionals.
6.3 According to the current regulations, Atome3D will not accept the return of books/manuals or software. The consumables and spare parts can't benefit from this service when they have been unsealed and/or installed by the customer. Consumables are filaments, resins and DIY materials sold on www.atome3d.com.
ARTICLE 7 – PAYMENT
7.1 Online orders can only be paid with Credit Cards (CB, Mastercard, VISA). The banking information is entered on a secure server to ensure the security and confidentiality of the information provided during the transaction.
7.2 Payment by bank transfer is available and must be made within 5 days after the validation of the order by the Customer. In case of non-payment after this delay. Atome3D reserves the right to cancel the order.
7.3 The order will be accepted and the shipment executed by Atome3D only when the payment is validated by the customer’s bank, and that Atome3D will have validated the order according to its risk acceptance criteria.
7.4 In order to limit frauds, Atome3D reserves the right to ask the customer to prove his identity and his address. In this case, the order will be processed as soon as we receive these documents. Atome3D reserves the right to cancel the order if the customer doesn't send the documents or sends falsified ones.
7.5 In the case of a financial lease, the validation of the order is conditioned by the acceptance of the request by our financial partner and the payment of the rents is exclusively made by SEPA direct debit according to the schedule provided by the financial organization.
7.6 Title retention clause: It is agreed that the Seller remains the owner of the goods sold until the Buyer has fully paid the price provided for in this Agreement, and the Seller may at any time demand the return of the said goods. On the other hand, if the goods are damaged, lost or stolen, the buyer will be fully responsible for the consequences of this loss.
ARTICLE 8 – GUARANTEE
8.1 As soon as a problem occurs with one or several products bought on the website www.atome3d.com, the customer has to contact Atome3D directly by phone at +33 1 79 75 30 70.
8.2 All the products on sale on the www.atome3d.com website 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 mentioned in articles L.211-1 of the following of the code of the consumption and the redhibitory defects under the conditions envisaged in articles 1641 to 1649 of the french civil code.
8.3 The products under guarantee are indicated as such on the product page.
8.4 The shipping costs generated by a return in guarantee of the products are paid by the customer. The expenses of sending back the product to the customer are in charge of Atome3D or its suppliers when the product has been sent back in its original packing (or in a packing allowing its reshipment), in the opposite case, the customer will have to take back the material in his own hand.
8.5 Unless otherwise specified on the order form, the financial rental does not give 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 material to ATOME3D at his expenses in good working condition. If not, any expenses of repair will remain in charge of the customer.
ARTICLE 9 – INTELLECTUAL PROPERTY
All texts, images, photographs, logos and textual or graphic creations reproduced and integrated on the www.atome3d.com website are protected under intellectual property and copyright. In accordance with the provisions of the code of the intellectual property, only private use is authorized. Any total or partial reproduction of the Site www.atome3d.com is strictly forbidden.
ARTICLE 10 – RESPONSIBILITY
10.1 Pictures on the product page are not contractual. The customer has to check the technical characteristics of the products before ordering.
10.2 SAS Atome3D's responsibility can't be engaged in case of obvious error between the characteristics of the product, its illustration and its sales conditions.
10.3 The total or partial impossibility to use products because of incompatibility of materials cannot give place to any compensation or refund or questioning of the responsibility of 3D France.
10.4 Concerning the professional purchase on the website www.atome3d.com, we remind you that Atome3D is not responsible for any damage that could occur after the purchase of products for a professional use. Atome3D can't be held responsible for any loss of exploitation suffered by a professional following the use of the products or a delay of delivery.
10.5 Atome3D is not responsible for the use of the products bought on the web site www.atome3d.com. So, 3D France can't be responsible in case of 3D printing which could be against the law.
ARTICLE 11 – CUSTOMER SERVICE
For any question, claim, need for information, the Customer Service is available to visitors by :
– Opening a ticket via the request form
– By phone at 01 79 75 30 70
– By mail at the following address :
3D France - Customer Service
12G rue de l'Europe
Bâtiment ATOMIUM
31150 LESPINASSE
France
ARTICLE 12 – TECHNICAL SERVICE
3D France can provide a technical service (repair, change of parts) on request of the customer and agreement. An estimate will then be provided to the customer. The estimate will include the following elements:
- Shipping and forwarding costs of the equipment
- Spare parts costs
- Labor : 75€TF/hour
ARTICLE 13 – PERSONAL AND DIGITAL DATA
The information collected at the time of order on the site www.atome3d.com are recorded in a computerized file for the needs of the follow-up of the orders of the products, their treatment, their delivery and the application of the legal and commercial guarantees.
They are kept for 5 years and are intended to ensure the application of the conditions of guarantee as well as the technical services of after-sales.
In accordance with the French law "informatique et libertés", you can exercise your right of access to the data concerning you 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/.
ARTICLE 14 – FRIENDLY DISPUTES SETTLEMENT
Pursuant to 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 French Consumer Code are the disputes defined in Article L. 611-1 of the Consumer Code, i.e. 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:
3D France
12G rue de d'Europe, 31150 Lespinasse
Phone number : (+33) 1 79 75 30 70
Email : contact@atome3d.com
Cross-border diputes :
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
- Par e-mail : info@cec-zev.eu
- By mail : Bahnhofsplatz 3, 77694 Kehl – ALLEMAGNE
- Website : http://www.europe-consommateurs.eu
You can, at your expense, be assisted by a consultant.
ARTICLE 15 – APPLICABLE LAW AND COMPETENT JURISDICTION
The present general conditions of sale will be governed by French law.
For professional customers, any dispute arising from the formation, interpretation or execution of this contract will be under the exclusive jurisdiction of the courts of the jurisdiction of Toulouse, including in summary proceedings, notwithstanding multiple defendants or warranty claims.
