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This document (General Terms and Conditions of Sale) defines the the terms and conditions applicable to sales made between, on the one hand, people making a purchase via MAKERSHOP's website http://www.makershop3d.com, hereinafter referred to as the "Customer" and, on the other hand, MAKERSHOP (company HAVA 3D), hereinafter referred to as "MAKERSHOP" or "MAKERSHOP3D.COM.
These general terms and conditions of sale shall apply to all orders placed on the www.makershop3d.com website. The www.makershop3d.com website is published by the company HAVA 3D. The Seller is defined below as MAKERSHOP, a commercial name of the company HAVA 3D S.A.S. (simplified joint stock company) with a share capital of 15,000 euros, whose registered office is located at 19 Boulevard bd Oyon, 72100 Le Mans, France, registered on the Corporate and Trade Register of Le Mans (Corporate and Trade Register Le Mans 798 031 605). The Customer is understood to be the one with whom the buy-sell relationship is established and the one charged for the order. Placing an order on the www.makershop3d.com website implies that the Customer is aware of these General Terms and Conditions of Sale as well as the Customer's agreement with their entire content. MAKERSHOP reserves the right to modify or amend these terms and conditions of sale at any time. In this case, only the General Terms and Conditions of Sale in force when the order is placed shall apply.
2.1 Orders can only be placed on the www.makershop3d.com website
2.2 English is the only language offered for the conclusion of the sales agreement.
2.3 Product availability is displayed on the www.makershop3d.com website.
2.4 Any quote proposed to the customer by MAKERSHOP shall remain valid for one month from the date of issue.
2.5 Product specifications are listed on every product page. The photographs and descriptive elements for the products do not fall within the scope of the contract if these elements contain errors, and in no event shall the liability of MAKERSHOP be engaged. Manufacturers may change, without notice, the technical specifications of products listed on the www.makershop3d.com website. MAKERSHOP may, at any time, update and modify its product specifications as well as withdraw its products from sale.
2.6 In the event a product is unavailable, MAKERSHOP will contact the Customer as soon as possible. The customer will then be informed of the time at which the product will be available. If the Customer does not want to wait for that availability or if the product is permanently unavailable and if the order was paid, MAKERSHOP undertakes to issue a refund to the Customer within 30 days from the date of payment by the Customer.
2.7 Any order placed on www.makershop3d.com requires the creation of a Customer Account. The Customer Account is accessed using the user name and password specified during the creation of the Customer Account. MAKERSHOP shall not be held liable for any action performed on or via your Customer Account by a third party to whom you have communicated your password or who may have had access to your password or your Customer Account following a failure or negligence that is attributable to you.
2.8 To place an order on www.makershop3d.com, the Customer follows various ordering steps. These correspond to the selection of the product or products via the specific page for each product, correcting or not the number of products, identifying the Customer by the "order" section as well as the creation of the Customer Account at the time of the order, if necessary, to acceptance of the order summary, acceptance of the General Terms and Conditions of Sale, acceptance of the payment terms, and finalisation of the order.
2.9 The tick box on the acknowledgement and acceptance of the Terms and Conditions of Sale as well as the click on the "ORDER" button, validate the order. These actions are the equivalent of an "electronic signature" and a handwritten signature. They constitute an irrevocable and unconditional acceptance of the order as well as the General Terms and Conditions of Sale by the Customer. The data recorded by the www.makershop3d.com website on the Internet constitute proof of all transactions between MAKERSHOP and its Customers.
2.10 The Customer order number is provided for information purposes only and in no case corresponds to the invoice number. The invoice is sent to the Customer by email, and downloadable from his Customer Account ("History and details of my orders" section). We strongly recommend the Customer keep this invoice.
2.11 The order placed on www.makershop3d.com may be automatically cancelled if payment is not received. This cancellation period will be extended to five days if paid by bank transfer. MAKERSHOP reserves the right to refuse your order for any legitimate reason, especially in the event that said order does not comply with these Terms and Conditions of Sale or if more serious and consistent evidence should place a suspicion of fraud on your order.
2.12 The customer may cancel his order as long as it has not been transmitted to the logistics services; transmission to the logistics services corresponds to the sending of the email stating that the order has been shipped. Once the order is prepared, it can only be cancelled by refusal of the parcel by the Customer upon delivery. Concerning professionals, no unilateral order cancellation by them will be accepted without the prior approval of MAKERSHOP.
2.13 The information provided by the Customer when placing the order (in particular, name and delivery address) commits the Customer. Thus, MAKERSHOP can in no way be held liable in the event of an error when placing the order that could cause a delay in or prevent delivery.
2.14 The Customer has the option of ordering a product that is not yet available for shipment; this is indicated on the product information sheet as a "pre-order" product. The Customer shall then pay the selling price and will receive delivery from the date indicated on the product information sheet. The product is reserved in the name of the Customer while the shipment is pending.
3.1 All prices for goods and services offered for sale on the www.makershop3d.com website are in euros, all taxes included, excluding shipping costs. They may vary in case of changes in the VAT rate.
3.2 MAKERSHOP reserves the right to change its prices at any time but undertakes to apply the rates in force at the time the order is recorded, subject to product availability on that date.
3.3 The products ordered remain the property of MAKERSHOP until full and complete payment of the price has been received. However, after the receipt of the order by the Customer or his representative, the risks of the delivered goods are transferred to the customer.
3.4 The cost of shipping will automatically be calculated based on each order; it will appear on the order summary, prior to the order being finalised.
4.1 Orders will be shipped either by direct delivery to the Customer or via the order being made available.
4.2 Delivery times correspond to those mentioned on the 'Delivery-Shipping' page of the www.makershop3d.com website. They are indicated for deliveries in European Union. MAKERSHOP could offers shipping outside European Member states on quotation, and reserves the right to cancel any order with a delivery address outside European Union if MAKERSHOP feels the shipping costs are inappropriate in light of the destination.
4.3 Orders will be shipped to the address you provided when placing the order. MAKERSHOP agrees to deliver within the time frame mentioned in the Shipping section, and this from the day following that on which we received your payment (unless otherwise specified on the detailed product page). These delivery times correspond to the preparation of the order and its routing.
4.4 If the time specified is exceeded by more than 10 days, except in cases of force majeure, the Customer may cancel the order and receive a refund. In this case, the Customer must send a registered letter with acknowledgement of receipt within 15 working days of the expected delivery date. In the event the order has not yet been shipped when the notice of cancellation is received from the Customer, the shipment will be blocked and the Customer will be refunded any amounts debited within 15 days following reception of the notice of cancellation. In the event that the latter has been shipped, the Customer will always have the option of cancelling his order by refusing the parcel. In this case, MAKERSHOP will refund the products within 15 days following receipt of the refused parcel returned complete and in its original condition.
4.5 In the event of provision of the order to the Customer by our carriers, if the order is not claimed by the Customer within the time limits, it will be returned to MAKERSHOP with return and forwarding costs being the the responsibility of the customer. This return shall cause cancellation of the contract and refund of amounts paid by the Customer, minus return costs, or costs for reshipping the parcel(s) following payment of shipping costs by the customer.
4.6 MAKERSHOP declines any and all liability in the event of late delivery in two main cases: the delay is due to a case of force majeure (L114-1 Consumer Code, Article 15 LCEN [Law on Confidence in the Digital Economy]), the delay is the fault of the purchaser (Article 15 LCEN [Law on Confidence in the Digital Economy]).
4.7 MAKERSHOP reserves the right to choose the carrier. If for any reason the carrier is chosen exclusively by the Customer (outside the choices Makershop offers) Makershop is in no way responsible for any failure by the carrier.
5.1 The Customer is required to check the compliance of the goods delivered before signing any delivery document. In the event a defect is found, the Customer must indicate his reservations, followed by his signature, directly on the delivery document. In the event a serious defect is found (damaged, open packaging, missing or damaged goods, etc.), the Customer must refuse the parcel and state the reasons for refusal of acceptance of the parcel on the delivery document. This verification is considered to have been performed from the moment the Customer, or any other person authorised to receive the parcel in his name, signs the delivery document.
5.2 In the event no reservations are expressed during delivery, and if the customer finds the equipment to be damaged, the Customer must express his reservations to MAKERSHOP, via registered letter with acknowledgement of receipt, within three a working days from receipt of his order. Any claim made after this period will not be accepted in accordance with the GTCS of the carriers.
5.3 MAKERSHOP undertakes to refund or exchange products that do not conform to the Customer's order. In this case, the Customer must send a written request via the contact form on the www.makershop3d.com website or by registered mail with acknowledgement of receipt to MAKERSHOP within 15 days following the date of delivery. This claim concerning the non-compliance of a product with the order must be accompanied by the Customer's choice of refund or exchange. Any claim made after this period will not be accepted. Any request for exchange by the Customer must comply with the procedure defined in Article 6.
5.4 In the cases referred to in this Article 5, returned goods will only be accepted if they are returned complete in their original condition (original packaging, manuals, accessories, etc.). In these cases, MAKERSHOP will refund the costs for returning the goods.
6a.1 The Customer has a legal 14-day right of withdrawal period, from the delivery of his order, to return any item does not suit him (except for 3D printer KITS). In order to set up this return, the Customer must contact MAKERSHOP's customer service using the contact form or directly by telephone. The right of withdrawal only applies to items returned unopened (excluding 3D printers and 3D scanners) and in perfect condition.
6a.2 In order to optimise return conditions of the product or products, it is recommended that the return be previously approved by our Customer Service who will forward a return authorisation to the Customer. The authorisation may be refused in the event of non-compliance with the terms of withdrawal. The return will only be accepted if the product is in perfect condition, i.e. in its original packaging, unopened and undamaged. Items returned by the Customer that have been opened, damaged or are in poor condition will be refused under the right of withdrawal. The return will then be processed under the "14 day money back guarantee" service. The customer shall then bear the cost of return. Shipping costs for the shipment are not eligible for reimbursement. Under common law, the goods travel at the Customer's risk. MAKERSHOP recommends the Customer take out all necessary insurance to cover these risks and all precautions to protect the product. The Customer shall be refunded by a credit to his bank account (the same used for his order) within a maximum period of 30 days following the date on which the right of withdrawal was exercised.
6a.3 Pursuant to current provisions, MAKERSHOP will not accept the return of consumables that have been unsealed by the Customer. Consumables correspond to the 3D filaments and resins sold on www.makershop3d.com.
6b.1 The Customer has a period of 14 days from the delivery of his order to return any item that does not suit him under the "14 day money back guarantee" service. In order to set up this return, the Customer must contact MAKERSHOP's customer service using the contact form or directly by telephone in order to receive a return form to be filled in and sent back with the product.
6b.2 In order to optimise return conditions of the product or products, it is recommended that the return be previously approved by our Customer Service who will forward a return authorisation to the Customer. The authorisation may be refused for non-compliance with the terms and conditions of the "14 day money back guarantee" service. The return will only be accepted if the product is in perfect condition, i.e. in its original packaging, undamaged and accompanied by all its accessories. Items returned by the Customer that are incomplete, damaged or in poor condition will be refused. If the product meets the above conditions, MAKERSHOP may apply an unbounded discount depending on the condition of the machine, components and accessories sold with it, and the packaging following use by the customer. The customer shall then bear the cost of return. Shipping costs for the shipment are not eligible for reimbursement. Under common law, the goods travel at the Customer's risk. MAKERSHOP recommends the Customer take out all necessary insurance to cover these risks and all precautions to protect the product. The Customer shall be refunded by a credit to his bank account (the same used for the order) within a maximum period of 30 days following the date on which the right of withdrawal was exercised.
6b.3 Pursuant to current provisions, MAKERSHOP will not accept the return of consumables that have been unsealed by the Customer. Consumables correspond to the 3D filaments and resins sold on www.makershop3d.com.
7.1 Orders are immediately payable on the day of the order for payment via bank card (debit card, MasterCard, VISA). Bank information is entered on a secure server to ensure the security and confidentiality of the information provided during the banking transaction.
7.2 Payment by bank transfer is available and must be made and received by Makershop no later than 7 days after confirmation of the order by the Customer. In case of non-payment thereafter, MAKERSHOP reserves the right to cancel the order.
7.3 The order shall only be considered accepted by MAKERSHOP when the bank payment centres concerned have given their authorisation and MAKERSHOP has validated the order with regard to its risk acceptance criteria.
7.4 In order to reduce fraud, MAKERSHOP reserves the right, in order to accept the sale, to ask the customer to prove his identity and residence. In this case, the order will be processed after receipt of such documents. MAKERSHOP reserves the right to cancel the order in the absence of receipt of such evidence or receipt of evidence deemed non-compliant.
8.1 Once a problem occurs with the product or products purchased on the www.makershop3d.com website, the Customer must contact MAKERSHOP via the contact form or directly by phone.
8.2 All products for sale on the www.makershop3d.com website benefit from the legal guarantee against hidden defects on products sold and lack of conformity of goods with the contract in accordance with Articles L.211-1 and following of the consumer code on latent defects in accordance with Articles 1641 to 1649 of the civil code. Article L.211-4 of the Consumer Code: "The seller is required to deliver goods that conform with the contract and is liable for any lack of conformity which exists at the time of delivery. He is also liable for lack of conformity resulting from the packaging, assembly instruction or installation if he assumed responsibility therefor in the contract or it was carried out under his responsibility. "Article L.211-5 of the Consumer Code:"To comply with the contract, the product must: 1. Be suitable for the purpose usually associated with such a product and, if applicable: - match the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; - have the features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labelling; 2. Or have the features defined by mutual agreement by the parties or be suitable for any particular purpose sought by the buyer, of which the seller was informed and accepted. "Article L.211-12 of the Consumer Code: "The right to take action for lack of conformity shall expire two years after delivery of the goods. "Article 1641 of the Civil Code: "The seller must guarantee the thing sold against hidden defects that render it unfit for the use for which it was intended, or that decrease this use so much that the buyer would not have acquired it, or would have paid a lower price for it if he had been aware of them. "Article 1648 paragraph 1 of the Civil Code: "The action resulting from latent defects must be commenced by the purchaser within two years after discovery of the defect. "
8.3 Warranted products are indicated as such on the product information sheet of the aforesaid product. Not all products on the www.makershop3d.com website are guaranteed by the manufacturer or distributor. Only products listed as guaranteed on the product information sheet are guaranteed by the manufacturer or even the company Makershop; the party responsible for handling the warranty is different for different products. If the warranty is provided by the manufacturer, the Customer can then contact the manufacturer or distributor directly, bypassing MAKERSHOP, which provides no contractual warranty for these products. MAKERSHOP, however, shall make its services available to the Customer in order to help him in his dealings with the manufacturer. MAKERSHOP will handle the warranty for certain products. The customer will be informed of the various cases for warranty returns upon request by telephone. MAKERSHOP will refuse any return of goods outside this framework.
8.4a For European member states, if the defect has been identified as falling within the scope of the warranty, shipping costs incurred by a warranty return for products shall be borne by MAKERSHOP. MAKERSHOP shall issue a return slip to the customer for shipment of the equipment to the after sales service.
8.4b For all other countries than European member states, if the defect has been identified as falling within the scope of the warranty, shipping costs incurred by a warranty return for products shall be borne by the CUSTOMER.
8.5 The shipping costs for returning the product from the customer shall be the responsibility of Makershop or its suppliers, if the defect has been identified as falling within the scope of the warranty. And this for all countries.
8.6 If the problem with the product returned by the customer proves to be outside the scope of the warranty, the return shipping costs shall be borne by the customer. No reimbursement, however, will be requested by Makershop from the customer for the initial shipment of the equipment for after sales service.
8.7 With the prior approval of the customer, and in order to reduce delays and costs, a part or parts to be replaced may be sent by the customer instead of returning the equipment. Defective parts must be shipped to Makershop before spare parts will be sent back.
8.8 Some pieces of equipment acquired by the customer are wearing parts and shall not be considered as falling within the scope of the warranty (non-exhaustive list: a 3D printer nozzle, Teflon coupler, etc.). Our technicians are available to indicate the parts in question.
All text, images, photographs, logos and textual creations or graphic designs reproduced and included on the www.makershop3d.com website are protected under intellectual property and copyright. In accordance with the Intellectual Property Code, only private use is allowed. Any total or partial reproduction of the www.makershop3d.com website is strictly prohibited.
10.1 The photographs on the product information sheets are non-binding. The Customer must verify product specifications prior to ordering.
10.2 MAKERSHOP cannot be held liable in case of manifest error between the product's characteristics, its illustration and its conditions of sale.
10.3 The total or partial inability to use products due to incompatibility of equipment cannot give rise to any compensation whatsoever or refund or invoke MAKERSHOP's liability.
10.4 Regarding professional purchases on the www.makershop3d.com website, it is hereby recalled that MAKERSHOP declines any and all liability for any damage that may occur as a result of the purchase of products for professional use. MAKERSHOP cannot be held liable for any operating loss incurred by a professional as a result of the use of products or a delay in delivery.
10.5 MAKERSHOP also declines any and all liability as regards any use that may be made of the products purchased on the www.makershop3d.com website. Thus, MAKERSHOP cannot be held liable for 3D prints whose use could be against the law.
For questions, claims or information, Customer Service is available to visitors to the www.makershop3d.com website via:
- The contact form
- By telephone on +33 (0)9 72 57 34 94
- By post to : MAKERSHOP - 19 bd Oyon - 72100 Le Mans, France
Makershop can provide technical services (repairs, replacement of parts) on request from the customer and agreement from Makershop. An estimate will be provided to the customer. The estimate will include the following:
- Shipping and return shipping costs for the equipment
- Cost of parts to be replaced
- Labour: €70, excluding taxes/hour