Version 2015-1; published and in force since April 2015
These Terms and Conditions establish the conditions for sales made between any natural or legal person who wishes to make a purchase of SMARTIFIL products (“Products”) at www.smartmaterials3d.com ("Online Store").
The Online Store is owned and operated by SMART MATERIALS 3D PRINTING S.L., with address at C/ Tomillo 7, Vial G, Pol. Ind. El Retamar, 23680 Alcalá la Real (Jaén), with C.I.F. B-23735681, Registered in the commercial register of Jaén. Folio 49 of volume 546, Page J-20754, 1st Inscription with telephone number (+34) 953 041 993 and fax (+34) 953 113 527.
1.- About These Terms and Conditions
These Terms and Conditions apply only to purchases made in the Online Store. Please read this document carefully.
We may change these Terms and Conditions from time to time. We will detail in the heading the date of entry into force. Any changes to the Terms and Conditions will apply to orders placed on or after the effective date.
BY PLACING AN ORDER FOR PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS.
2.- Purchase of products in the Smart Store
The details of the products available for purchase (including their corresponding price) are specified in the Online Store. Smart Materials 3D will take all necessary and reasonable measures to ensure that all details, descriptions and prices of the products that appear in the Online Store are correct. Although we will do our best to keep the Online Store as up-to-date as possible, the information specified at any given time may not always reflect the exact situation when you place an order.
In order to buy Product/s, you must:
- Provide your name and address, phone number telephone, email address, payment information and other information that is required.
You are responsible for the accuracy of the information you provide to us.
In case you have created an account with a personal user ID and password, keep your password protected at all times and do not disclose it to anyone, since you are personally responsible for each purchase made with your user ID and password.
3.- Processing of an Order and conclusion of the Contract
Once you have selected the products you wish to purchase, these products will be included in the shopping cart.
At the end of the process, an "order summary" will appear in which you can identify and correct possible information errors.
Once you have completed the purchase process, we will obtain an authorization from your credit or debit card company for the amount indicated on the order summary page. At this point in the process, we will not take funds from your card, although the available balance on your card will be reduced with authorization. This process is the usual procedure followed by banks. If your credit card is not authorized, the order will not be processed.
Smart Materials 3D will send you an e-mail confirming receipt of your product order, accepting it where appropriate and confirming that the products you have requested will be sent to you ("Shipping Confirmation").
You and Smart Materials 3D will have entered into a sales contract for the products requested by you once we have sent you the Shipping Confirmation email and in any case, however, when you receive the aforementioned products.
The sales contract may be executed in Spanish.
The text of the sales contract will be included in the Shipping Confirmation e-mail and will be stored by Smart Materials 3D, although it will not be accessible to the Client after the conclusion of the contract.
Smart Materials 3D may reject, at its sole discretion, the processing of the order, or not be able to proceed with said processing, in the following cases, without limitation:
- When the product requested by you has discontinued or no longer available;
- When your credit card marketer credit or debit card does not authorize payment of the purchase price;
- When you do not meet the criteria for placing orders specified at the beginning of this section.
4.- Prices, Transport and Handling, Charges and Taxes
The price charged for a Product will be the price in effect at the time the order is placed and will be reflected in the order confirmation email.
We may change prices at any time without notice. Price increases will only apply to orders placed after such changes.
The prices of the Product(s) include VAT or other applicable taxes, but do not include the expenses corresponding to transport and handling.
The charges corresponding to transport, handling and their corresponding VAT or other taxes will be shown in the Online Store during the processing of the order and, in any case, in the email confirming your Order.
In the event that certain expenses cannot be reasonably calculated before the conclusion of the contract, we will inform you of the way in which the total price will be calculated.
The delivery options are the following (Spain):
Standard: Estimated delivery time of 3 to 7 working days
Express: Estimated delivery time of 2 to 3 business days
Both the delivery time and the delivery option you choose will be confirmed in the order confirmation.
The delivery period will not exceed 30 days from the conclusion of the contract, unless you specifically accept a later date. In the event that you do not receive the order within said period, you will have the right to request delivery from us, granting us a new reasonable delivery period. If this does not happen, you will be able to terminate the contract and you will have the right to be reimbursed all the amounts you have paid.
We may reject those orders in which you require a specific delivery period, if this implies the impossibility of meeting the required delivery period. In those cases in which you have required delivery within a certain period or days, you will have the right to terminate the contract if we do not meet the specific period.
If you order personalized Product(s), the manufacturing time for such Product(s) will be added to the delivery time of the selected supply option.
If you unreasonably evade delivery or delay receipt of delivery after we have notified you that we have attempted to deliver the Product(s) ordered, or if you have provided us with a incorrect delivery address resulting in unsuccessful delivery, the deliverable package will be returned to us. In the event that, after the first delivery attempt, the Product(s) remains undelivered for a period of 7 working days and is returned to us undelivered s), we will have the right to cancel the contract and we will refund the amount.
We will not be responsible for the delay or non-performance in case the delay or non-performance is due to circumstances beyond our control in accordance with the law or generally accepted principle.
We ask you to examine the package delivered and the Products received within 14 (fourteen) days from the day they were delivered to you and check their condition and that the content of the package delivered is complete. In case of damage to the Product(s) or in the event that any Product is missing, please contact our Customer Service, writing to the following email: email@example.com; or by calling us at the following telephone number: +34 953 041 993.
6.- Availability of the Product(s)
We do not guarantee the availability of any Product in the Online Store.
Unless we accept your order, we reserve the right, without liability or notice, to change, suspend or discontinue the availability of any Product.
7.- Compatibility, Product Information
When placing an order, please ensure that the Product(s) you purchase is/are compatible for the intended use. Please use the information provided in the Online Store as a final point of reference for you when checking compatibility. In the event that there is a difference between the content of the Online Store and that of any other website (or any other source of information), the compatibility of the Product(s) as displayed in the Online Store at the time of the purchase, will be the one that prevails.
Payments can be made by credit card (Visa/Mastercard),Paypal or bank transfer.
All payments will be subject to security checks.
Therefore, our services may contact you to confirm your order information as well as order details, such as address, address of the person indicated as the recipient of the order, etc.
9.- Return and Refund
Please note that we will only process returns and refunds for Product(s) purchased from the Online Store.
Right of Withdrawal: If you have purchased Product(s) for your private use as a consumer and wish to exercise your right to withdraw from the contract and return the Product(s), you may do so by notifying our Customer Service , within 15 calendar days from the date you received the Product(s).
In order to exercise your right of withdrawal, please make an unequivocal statement to us, for example, by contacting our Customer Service, by phone, email or using the following form:
(If you wish to withdraw from the contract, you can complete and send us this form)
To the attention of SMART MATERIALS 3D PRINTING S.L. with postal address at C/ Tomillo 7, Vial G, Pol. Ind. El Retamar, 23680 Alcalá la Real (Jaén)
I hereby notify you/we (*) that I withdraw from my/we withdraw from our (*) sales contract for the following product (*)/:
— ordered on (*)/received on (*)
— name of the consumer(s)
— Address of the consumer or consumers
— Signature (if submitted on paper)
(*) Removes what does not correspond
In the case of a contract relating to multiple Products, your right of withdrawal will expire within 15 calendar days from the date you received the last Product.
You may only return the Product(s) that have been subject to reasonable care on your part and that have not been used in any manner other than that which is necessary to determine the nature, characteristics and proper functioning of the Product(s). You will be responsible for any decrease in the value of the Product(s) derived from a use by you of the Product(s) other than that use that is necessary to determine the nature, characteristics and correct functioning of the Product(s). the Products(s) you have purchased.
PLEASE NOTE THAT YOU WILL NOT BE ABLE TO EXERCISE THIS RIGHT OF WITHDRAWAL WITH RESPECT TO ANY PRODUCT WHICH HAS BEEN MANUFACTURED TO CONSUMER SPECIFICATIONS OR HAS BEEN CLEARLY PERSONALIZED.
Once we have received your declaration regarding the withdrawal from the contract, we will send you a confirmation email.
You, then, must return the Product(s) without undue delay and, in any case, no later than 15 calendar days from the date you notified your decision to withdraw from the contract. You will bear the costs of returning the Product(s).
You must return the Product(s) in their original packaging.
You must include all accessories, user manuals and any free gifts found in the same package.
In the event that a Product was purchased as part of a bundle of multiple Products, all Products that are part of the bundle must be returned.
Please treat the Product(s) with reasonable care and return them in the same condition in which they were delivered to you.
Please pack the Product(s) securely and ensure that the order number is clearly visible on the outside of the package.
In order to ensure a fast and safe return, we suggest that you follow the return instructions.
We will refund the price you have paid for the Product(s) within 15 calendar days from the day we were informed of your decision to withdraw from the contract.
However, we may withhold any such refund until we receive the Product(s) or receive proof that you have sent the Product(s) back, whichever is earlier.
The refund will be confirmed by email.
Payment will be made through the same means of payment that you used in the initial transaction.
If you return Product(s) 1) that you are not authorized to return, 2) that you have damaged or used in a manner other than that which is necessary to determine the nature, characteristics and functioning of the Product(s), ) or 3) that is/are not complete 4) that is nothave treated them with reasonable care during the time they were in your possession and/or when returning them, we reserve the right, either to refuse your return and to decline the refund or to deduct from those payments that are owed to you. reimbursed for the decreased value of the Product(s), all in accordance with applicable law.
Other cases of return: In the event that the Product(s) you have received does not correspond to the one(s) you have requested, or in the event that your order is incomplete or has been damaged during transportation, please contact our Customer Service without delay, either via email or by phone, for assistance.
10.- Guarantees and Legal Rights.
We grant you a legal guarantee in accordance with the laws of Spain.
Our warranty policy for Product(s) is detailed on our website, Warranty and returns section.
PLEASE NOTE THAT THIS WARRANTY POLICY DOES NOT AFFECT, EXCLUDE, LIMIT OR SUSPEND (AND SHOULD NOT BE CONSTRUED SO) YOUR RIGHTS BY LAW.
If you believe you are entitled to receive warranty services, please contact our Customer Service.
11.- Personal Data
We will use reasonable care to keep your order and payment information secure, however (in the absence of gross negligence on our part) we will not be liable for any loss and/or damage you may suffer in the event from third parties making unauthorized access to any of the data that you have provided when you access or place an order from the website.
12.- Our Responsibility
These Terms and Conditions establish all of our obligations and responsibilities in relation to the Product(s). To the maximum extent permitted by applicable law, we do not grant any type of guarantee, whether express or implied, nor do we accept other conditions or other terms that bind us, except for those expressly mentioned in these Terms and Conditions. In particular, we will not be responsible for ensuring that the Product(s) are suitable for your purposes, unless you have informed us of such purposes at the time of conclusion of the contract and we have accepted them.
We will use reasonable efforts to verify the accuracy of any information we include in the Online Store. We do not guarantee that the Online Store meets your requirements or will not suffer interruptions or contain errors, nor that the defects will be corrected, nor that the site or the server that makes it available are free of viruses or errors or that they allow the full functionality, accuracy and/or reliability of the Online Store. We will not be liable to you for any loss of content or material downloaded or transmitted through the Online Store.
We will not be, under any circumstances, responsible for loss of income, lost profits, loss of contracts, business or anticipated savings, loss of data, loss of goodwill or loss of reputation or for any damages, whatever their nature or how they originate. Notwithstanding the foregoing, nothing established in this Section will affect your legal rights and nothing established in these Terms and Conditions will exclude or limit liability that cannot be legally limited or excluded in accordance with applicable law, including, but not limited to, liability arising as a result of death or injury due to negligence or fraud.
The Online Store may only be used for legal purposes and in a manner permitted by law. You agree to comply with all applicable laws in connection with the Online Store and with any transactions made on or through the Online Store.
If any of the provisions of these Terms and Conditions become invalid, illegal or unenforceable, said provision will be applied to the maximum extent permitted by law, and the validity, legality and applicability of the other provisions will not be seen, any way, affected or impaired.
Related to purchases in the Online Store, will be communicated electronically throughsending you an email or through another electronic publication.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS DO NOT AFFECT (AND SHOULD NOT BE CONSTRUED AS SO) YOUR STATUTORY RIGHTS WHICH ARE NEVER WAIVABLE OR CANNOT BE LIMITED BY CONTRACT.
14.- Customer Service.
Our Customer Service will assist you with any questions related to orders placed in the Online Store. You can contact us either by email or by phone from Monday to Friday from 9:00 a.m. to 7:00 p.m., except official holidays.
By phone: +34 953 041 993
By email: firstname.lastname@example.org
15.- Applicable Law and conflict resolution
These Terms of Sale are governed by and must be applied in accordance with the laws of Spain.
From SMART MATERIALS 3D we facilitate access to the Dispute Resolution system of the European Union which you can access through the next link.