General terms of Business
General Terms of Business
of DATALAN Quality Instruments s.r.o., with their Registered Office on Púchovská 8, 831 06 Bratislava – Rača, Corporate ID (IČO): 31 403 964, VAT Reg. No. (IČ DPH): SK2020347714, registered in the Commercial Register maintained by the District Court in Bratislava I, Section: Sro, Reg. File No. 9708/B; contact information: e-mail address: info@h3d.sk or info@dqi.sk, telephone No.: +421 2 323 70 101 (“GTB”).
I. General Provisions
1. DATALAN Quality Instruments s.r.o. is involved in production through 3D printing from designated materials and with a variety of surface/treatment/finish according to customers’ requirements, and also in delivery of a variety of counselling and 3D printing-related services, such as processing of data for 3D printing, 3D modelling, reverse engineering, prototype development, adjustment/modification of topologies, printout marking, etc. The present GTB apply to contractual relationships arising between DATALAN Quality Instruments s.r.o. (the “Supplier”) and each customer ordering services delivered by DATALAN Quality Instruments s.r.o. and relating to 3D printing (the “Customer”), either through utilization of services located on h3d.sk Internet domain, or under a concluded contract for work (either written or through placement of orders by Customers and their acceptance by the Supplier in the electronic form). The present GTB are integral part of each contract for work concluded between Supplier and Customer. Customer can be either an individual or legal person, while only individuals purchasing goods/services and not concluding the contract in the course of their business or other gainful activities are deemed consumers under the applicable legislation.
2. By filling in the order form located on online.h3d.sk website, and acknowledging reading these GTB (the “Order”), Customers accepts and accedes to these GTB of the Supplier that are integral part of every Order and contract for work, and are available at all times on the online.h3d.sk website.
3. Customers accept and accede to these GTB also when they conclude a hard copy contract for work, or otherwise agree on delivery of services provided by the Supplier (e.g. through e-mail), provided that integral part of such contract for work shall be these GTB and/or reference to the same through a link to the website where these GTB are available, or provided that these GTB and/or reference to the same through a link to the website where these GTB are available shall be integral part also of any other agreement/understanding between the Supplier and Customer.
4. In addition, Supplier is the operator of an e-commerce system through the online.h3d.sk website (the “Commerce”).
5. Contractual relationships (and also other legal relationships that may result from a contractual relationship) with individuals (natural persons) not concluding and performing a contract with the Supplier according to these GTB as part of their business or other gainful activities are governed, apart from generally binding provisions of Act No. 40/1964 Coll. The Civil Code, as amended, also by special legal regulations, in particular Act No. 102/2014 Coll. on consumer protection in relation to sales of goods or provision of services based on distance and off-premises contracts and amending certain laws, or Act No. 250/2007 Coll. concerning consumer protection and amending Act of the Slovak National Council No. 372/1990 Coll. concerning infractions (always as amended).
6. Contractual relationships (and also other legal relationships that may result from a contractual relationship) with a legal person and/or individual who is entrepreneur, i.e. with any person that is not a consumer, shall be governed by the provisions of Act No. 513/1991 Coll. the Commercial Code.
7. Customer shall be deemed each person (either individuals or legal persons) having filled and sent an Order through Supplier’s website online.h3d.sk and having received an e-mail from the Supplier confirming the Order, and having paid the price for the work to the Supplier. Customer shall be deemed also each person having placed an Order in any other manner and provably accepted both the price as quoted by the Supplier and these GTB. Also, Customer shall be deemed each person having concluded a hard copy contract for work.
8. Order is deemed an order form as filled in by Customer and processed through the e-commerce system. If the Customer chooses not to utilize the possibility to order trough the order form according to the preceding sentence, Order shall be deemed also any other provable (also later) manner of ordering (such as over the telephone, order delivered by e-mail or conventional mail to the Supplier’s address, written order delivered to the Supplier by hand, conclusion of a hard copy contract for work).
9. Orders contain information about customers and the ordered goods/service(s). Based on the Order, invoice for payment of the price is generated automatically for the Customer. If Customer does not place Orders through the order form and utilizes other option for placing orders, Supplier will send a price quotation and/or invoice to the e-mail address specified by Customer.
10. Goods/service is deemed goods and/or service delivered by the Supplier and associated with 3D printing. The scope of goods or services may be available on the h3d.sk website or in the shop, and these always represent an illustrative list of goods or services. Ordering any particular goods/service according to the Customer’s requirements is always possible and valid only after the Supplier accepts the order, depending on its available operational capacities. Ordered goods/services are described in the Order accepted by the Supplier, or in the contract for work.
11. Supplier’s establishment and/or delivery point for receipt/handover of goods or services (if personal collection is applicable) is located on the address: Púchovská 8, 831 06 Bratislava, Slovak republic.
II. Order for Goods/Services – Conclusion of Contract
1. Electronic order for goods/services placed through filled order form, and subsequent payment of the price according to automatically generated invoice constitute a proposal to conclude a contract for work.
2. Acceptance of goods / service by Customer, i.e. conclusion of a contract for work, occurs under a written confirmation (in the form of electronic document sent to the Customer’s e-mail address) of acceptance of the Order and, at the same time, crediting the price of the goods/service in full to Supplier’s bank account. The price is deemed paid on the date of crediting funds in full to the Supplier’s bank account specified in the invoice.
3. Also, a proposal to conclude contract for work is deemed sending a price quotation prepared by the Supplier under Customer’s order placed in any of the above alternative manners. In such a case, conclusion of contract for work occurs by written confirmation (in the form of electronic document sent to the Customer’s e-mail address) of acceptance of the Order and, at the same time, crediting the price of the goods/service in full to Supplier’s bank account.
4. Also, contract for work is deemed concluded at the moment when a hard copy of the contract for work is signed by the last of its parties (if such party is the Customer, after subsequent delivery of the original of the signed contract for work to the Supplier) and crediting the price of the goods /service to the Supplier’s bank account.
5. When ordering goods/service(s) through the order form, Customer is required to pay the price for the goods/service(s) to the Supplier in advance, otherwise the contract is not deemed concluded and the latter is not required to produce the goods/perform the service(s), unless the Supplier expressly states a different payment due date, or agrees to payment after delivery of the goods/service(s).
6. Supplier has the right to limit the validity of its price quotation in time by stating a time limit for its validity, or by stating a payment due date in its invoice. If the Customer does not accept the quoted price within the specified time limit, or fails to pay the price of the goods/service, the Supplier will not be required to make/produce the goods or perform the service for the quoted price even if the originally quoted price will be accepted after the expiry of the time limit.
7. Where orders referred to in Paragraph 3 or Paragraph 4 of this Article of the GTB are concerned, Customer is required to pay the price of the goods/service(s) under an invoice made out by the Supplier and delivered to the Customer. If the Customer defaults in payment of price, the Supplier will be entitled to charge to the Customer a late payment interest of 0.05% of the owed amount for each, including started, day of default, and also a one-off flat handling fee of EUR 20.00 (twenty euros).
8. Contract for work is always concluded for a definite period and will cease to exist upon the discharge of both the Customer’s and Supplier’s obligations resulting therefrom, unless set out otherwise in the contract for work.
9. Customer specifically and expressly acknowledges and agrees that Orders for production through 3D printing may not be placed for goods, if the production, completion, possession, storage, use or sale of such goods is banned or regulated by special regulations, or is subject to obtaining special authorization from a governmental authority, obtaining special licence etc.; similarly, Orders may not be placed for services the outcome of which might be used in relation with any of the above (non-permitted) act; in particular, it is not possible to order 3D printing of arms, ammunition, arms and ammunition components, military materials or other components that could be used in the defence industry (if meeting the definition set out in the first part of this sentence).
III. Price of Goods/Services & Terms of Payment
1. Price for goods/services ordered through e-commerce is always generated separately for each individual Customer and each individual case upon filling the order form available on the Supplier’s website online.h3d.sk. For orders referred to in Article III (3) of these GTB, Supplier will quote a price to Customer by e-mail sent to the Customer’s e-mail address.
2. Supplier does not guarantee any validity in time of particular quotation for the same goods/service. For the avoidance of any and all doubts, price generated for any particular Order remains always firm during the payment period set by the Supplier.
3. Price of goods is exclusive of the costs of shipment to the Customer and any other related costs (packaging, etc.). Price of a service is exclusive of delivery of any documentation, underlying materials or data related to the service, either in the hard copy form or stored on any durable or other medium. However, Supplier my opt, at its own discretion, to bear the costs of shipment or to deliver documentation, underlying materials or data stored on a data carrier of the Supplier’s choice.
4. Supplier is a payer of value added tax (VAT). If delivery of goods/service is a taxable supply, applicable value added tax at the current rate will be added to the quoted price if so required under the applicable legal regulations, unless specified otherwise in the quotation (e.g. that the price is inclusive of VAT). Quoted prices are exclusive of any taxes or fees, local taxes and local fees depending on the place of delivery and where such taxes and fees are payable, the quoted price will be increased by an amount corresponding to such taxes and fees, and will be paid in full by the Customer. Prices are quoted in euros as the underlying currency.
5. Should the Supplier deliver any goods/service before the payment of the price, the title to the goods/service passes onto the Customer upon full payment of the price of the goods/service.
IV. Delivery of Goods/Service
1. Supplier is required to deliver goods/service to the Supplier in a quantity and at a quality as ordered and where the Customer is a consumer, also accompanied with these GTB and tax-related documents relating to the goods/service, and other documents, if any and if these are required for the use of the goods/service (unless supplied by the Supplier earlier). If a hard copy of these GTB is not delivered to the Customer who is a consumer not later than upon delivery of the goods/service, the Customer is required to notify that fact to the Supplier on or before the third day of receipt of the goods/service, otherwise the Supplier’s obligation to supply a hard copy of these GTB is deemed complied with.
2. As a rule, Supplier processes accepted Orders in the order in which they are delivered. Production period for any ordered goods/service depends on the ordered material to be used for production of the 3D print, additional modifications and count of the items and/or complexity of the ordered service; where a simple 3D print with a small count of items is concerned, the time of production is usually 3-5 business days of the date of crediting the Supplier’s bank account with the price of the goods/service and/or of the date of acceptance of the Order by the Supplier, if the latter sets the payment due date to fall on a day after the delivery of the goods/service. If a different time of production/delivery of the goods/service is specified in a filled order form, price quotation or contract for work, such different time of production will apply. The Supplier has the right to specify in the order form, price quotation or contract for work any delivery period depending on the Supplier’s operational capacities and, by filing and sending the order form, accepting the price quotation or signing the contract for work, the Customer accepts the delivery period set by the Supplier. If emergencies occur (e.g. Force Majeure events, continuing breakdown/failure of 3D printer, shortages of the required materials in the market), Supplier is entitled to serve a notice on the Customer informing the latter about the relevant fact and unilateral extension of the delivery period by not more than the number of days corresponding to the originally agreed delivery period for the ordered goods/service. Where the Customer is a consumer and if the subject of the order includes both goods and service, the above periods will apply only if the Customer requested the Supplier to deliver the service prior to expiry of the period for withdrawal from the contract according to Paragraph 11. Upon production of the goods/service, Supplier will secure its shipping to the Customer and will advise the latter thereof.
3. If the Supplier is unable to deliver the ordered goods/service to the Customer despite prior conclusion of a contract, the former is required to notify such fact to the latter and to return the price paid for non-delivered goods/service within 15 days, unless the parties agree on a replacement performance. Upon returning the price, the contractual relationship between the Supplier and Customer automatically ceases to exist and neither of the Parties will have the right to claim any damages whatsoever.
4. The point of delivery of the ordered goods is the address the Customer specifies in the Order. The manner of delivery of a service depends on the nature of the ordered service and no documentation, underlying materials or data related to the service will be delivered to the Customer either in the hard copy form or stored on a durable or other medium, unless agreed otherwise.
5. Supplier shall deliver goods (through its own means) to the Customer (or a person appointed by the Customer), or through third persons (shipper and forwarders). Delivery of a service to the Customer (if applicable and if services other than only those required to carry out 3D print are concerned) will be subject to a separate arrangement (agreed e.g. in the price quotation, written contract for work).
6. Goods are deemed delivered upon their handing over to the Customer (or a person appointed by the Customer) and/or upon handing over the goods to the first shipper for shipping. To delivery of a service (if applicable), the preceding sentence will apply mutatis mutandis.
7. Shipped goods must be appropriately and securely packaged. By signing the transport/delivery note, Customer acknowledges, apart from receipt of the goods, also that the packaging was undamaged and the goods have been delivered in full according to the order.
8. If delivery of a service is applicable (other than services required to carry out 3D printing, where these services are delivered and de facto acknowledged by carrying out the 3D printing), the provisions concerning delivery of goods shall apply mutatis mutandis to delivery and acknowledgement of receipt.
9. If goods are collected by Customer at the Supplier’s establishment and if there are visible damage or identifiable defects on/in the goods, the former has the right not to receive the goods. If such goods are received, they will be deemed free from defects identifiable upon personal inspection of the goods. In the case of both personal collection or mail order delivery, the Customer is required to make a damage note in the transport/delivery document and provide a brief description of the damage immediately upon delivery, if defects identifiable on collection are concerned, or within 10 (ten) days of delivery if hidden defects are concerned. Supplier will not accept any defects or damage and/or complaints concerning quantity or quality of the goods notified after the above time limits.
10. Together with delivery of goods, Supplier will deliver to Customers who are consumers also a confirmation of conclusion of contract stored on a durable data carrier.
11. If the subject of an Order includes both goods and service, the Customer requests the Supplier not to wait with commencing the service until expiry of the period of 14 days afforded to a Customer who is consumer to withdraw from the contract and counted from the date of conclusion of the contract for the relevant service, and to provide the service without undue delay, i.e. prior to expiry of the above time limit. Customer hereby expressly agrees to commencement of delivery of the above service before expiration of the time limit afforded for withdrawal from the contract. Supplier hereby advises the Customer that by expressing this agreement, the latter waives the right to withdraw from the contract after the full delivery of the service, provided that the service has been delivered in full. By filling and sending the order form, paying the price, accepting the price quotation, or signing the contract for work, the Customer expressly represents that the above advice has been given, i.e. that by expressing the above agreement, the Customer waives the right to withdraw from the contract after the full delivery of the service, provided that the service has been delivered in full. Not later that along the payment of the price, the Customer may inform the Supplier that the Customer’s consent is withdrawn in the fullest extent. In such a case, and provided that delivery of the service at hand is related to 3D printing to be performed by the Supplier, the delivery period with respect to goods/service will not commence to run prior to expiry of the time limit during which a customer, who is consumer may withdraw from the contract, and the delivery period will be extended by the above number of days + 5 additional days (period for delivery of the withdrawal notice by conventional post).
V. Acceptance of Goods/Service
1. Customer is required to accept and receive the ordered goods/service delivered by the Supplier to the point of delivery specified in the Order.
2. Supplier shall deposit goods not received by customers at its establishment and will invite the customer in writing to collect the goods by sending an appropriate notice by e-mail to the customer’s electronic address, or by conventional post. If Customer fails to collect the goods within 15 days of delivery of the above notice, the Customer will be required to pay to the Supplier a contractual penalty corresponding to the price of the goods + shipping fee. This shall be without prejudice to Supplier’s right to claim compensation for additional costs incurred as a result of breach of the Customer’s obligation to receive the goods, and to the right to claim damages. Upon expiry of 15 days of termination of the time limit for collection of the goods, the contractual relationship constituted under a contract between the Supplier and Customer ceases to exist, save for the Customer’s obligation set out in this Paragraph (the obligation to pay contractual penalty and other claims enforced by the Supplier, if any), and the Supplier is authorized to either disable and/or destroy the goods/services in compliance with the applicable environmental laws, or to dispose of the same otherwise.
3. The risk of damage to the goods and liability for damage caused to the goods shall pass onto the Customer upon collection of the goods, regardless whether the goods are received by the Customer or a person the Customer may appoint. In the case described in Paragraph 2 of this Article, the risk of damage to the goods and liability for damage caused to the goods shall pass onto the Customer on the day when the Customer failed to receive the goods on the first attempted delivery.
VI. Costs of Shipping
1. Supplier’s costs of shipping are not included in the price of the goods/service. These will be quantified in the automatically generated invoice, or in the price quotation sent by e-mail to the Customer, or in the written contract for work, and the Customer agrees to pay those costs along with the price of the goods/service. Nonetheless, the Supplier may opt, in its own discretion, to have the goods shipped at its own expense.
VII. Withdrawal form the Contract by Customer
1. Customer may withdraw from the purchase agreement in compliance with, and in a manner set out in the Civil Code, these GTB, price quotation or signed written contract for work (if signed).
2. Customer has the right to withdraw from the contract without having to state a reason within 14 days of the date when the Customer or a person appointed (authorized) by the Customer, other than the shipper, received the goods and/or 14 days of the date of the contract related to the service (or to electronic content not delivered on a durable carrier). If goods ordered by Customer on one Order are delivered separately, the above time limit for withdrawal from the contract is counted of the date when Customer or person appointed (authorized) by the Customer, other than shipper, received the last delivered goods. If goods comprised of more than one parts or items are delivered, the above time limit for withdrawal from the contract is counted of the date when Customer or person appointed (authorized) by the Customer, other than shipper, received the last part or item.
3. Consumer may exercise the right to withdraw from contract against the Supplier in documentary form, or recorded on other durable carrier. When exercising the right to withdraw, Customer is required to inform the Supplier of the decision to withdraw from the contract through unambiguous written notice/representation sent by conventional post (marked as “registered mail” or “to be served personally”) to the Supplier’s address specified in these GTB. For this purpose, Customer may utilize the Contract Withdrawal Form attached to the present GTB and/or available on the Supplier’s website.
4. Time limit for withdrawal shall be preserved if the Customer serves the withdrawal notice prior to expiry of the withdrawal period, i.e. not later than on the 14th day of the date on which the withdrawal period commenced to run.
5. Customer is not allowed to withdraw from a contract having as its subject:
a. delivery of a service, if its delivery commenced under an express consent of the consumer and the consumer stated that he had been duly advised that by granting the consent the, consumer had waived the right of withdrawal from the contract after full delivery of the service, provided that the same was delivered in full;
b. delivery (sale) of goods made according to Customer’s special requirements, custom made goods, or goods designated specifically for one consumer (i.e. delivery of any goods to be made according to Customer’s requirement/order, unless the Supplier sells goods it keeps “in stock” that will not be made or modified for the Customer, either as a whole or partly,).
(application of Section 7 (6) of the Act No. 102/2014 Coll. on consumer protection in relation to sales of goods or provision of services based on distance and off-premises contracts and amending certain laws banning such withdrawal)
6. Upon withdrawal from a contract, Supplier will return to the Customer all payments made by the latter in relation to conclusion of the contract, in particular price, including the costs associated with delivery of the goods to the Customer. This shall not apply to additional costs, if the Customer opted for alternative manner of delivery other than the most costs effective customary method offered by the Supplier. Payment will be returned to the Customer without undue delay and not later than within 14 days of the provable date of delivery of the withdrawal notice to the Supplier. Payments will be returned in the same manner as the payment of the price and related costs made by the Customer, unless the Customer agreed to a different payment method, free from any additional fees.
7. Upon withdrawal from a contract for delivery (sale) of goods, Supplier is not required to return to Customer payments referred to in the Paragraph above prior to delivery of the goods to the latter or until the Customer furnishes a proof of shipping complete and undamaged goods back to the Supplier, unless the Supplier expressly suggests that it will collect the goods in person or through a Supplier-appointed person. If the Customer requested commencement of delivery of a service during the time limit for withdrawal from contract, the Customer is required to pay to the Supplier the price for actually delivered performance until the date when the Customer notified to the Supplier its decision to withdraw from contract.
8. If a contract is withdrawn from, Customer is required to ship the goods back or deliver the same to the Supplier’s address specified herein within 14 days of the date of exercise of the right of withdrawal. The time limit shall be deemed adhered to if the Customer ships the goods back prior t expiry of the time limit of 14 days. All direct costs of return of the goods are borne by the Customer (goods may not be sent back through “cash on delivery” option). Customer shall be liable for any reduction of the value of the goods as a result of handling the same in a manner other than that required to establish the nature, properties and functionality of the goods.
9. Withdrawal from contract by a customer who is not a consumer shall not be subject to these GTB; rather, statutory conditions set out in the Commercial Code, price quotation or signed written contract for work (if signed) shall apply, and any provisions of legal regulations dealing with consumer protection shall be disregarded. However, ban on withdrawal from contract on grounds specified in Paragraph 5 of this Article shall apply also to a customer that is not a consumer.
10. Supplier contact information for withdrawal from contract or complaints:
a. Address: DATALAN Quality Instruments s.r.o., Púchovská 8, 831 06 Bratislava,
Slovak republic
b. Telephone No.: +421 2 323 70 101
c. Fax No. N/A
d. E-mail: info@h3d.sk or info@dqi.sk
VIII. Liability for Defects, Warranty and Complaints
1. Supplier is liable to the Customer that goods/service delivered to the latter:
a. have the required quality and performance features; goods made through 3D print are have been made in compliance with the Customer’s order and according to technical specification of 3D print as published on the Supplier website h3d.sk (mechanical and material-related properties achievable through 3D printing);
b. are free from defects (both legal and factual).
2. Supplier is not liable for defects in goods/service if these are a result of incomplete and/or inappropriate background information furnished by Customer, or Customer’s instructions. Where Customer provides a 3D model in the .stl format, Supplier is responsible solely for due and proper making of the goods from the agreed material.
3. Supplier is not required to inform the Customer about inappropriate documentation or instructions, as the Supplier is unable to evaluate the purpose towards which the goods or service is to be applied. Supplier is required to draw the Customer’s attention to inappropriate documentation or instructions only where these evidently prevent 3D printing or delivery of a service.
4. Supplier is not responsible for errors in the contents of any furnished documentation, nor for correction of any graphics, texts or language.
5. Supplier is not liable for the contents of documentation, goods made through 3D printing, delivered service, nor for their compliance with generally binding legal regulations or licence rights.
6. Having regard to the nature of goods/service (Supplier is not providing servicing to any manufacturer and neither does the Supplier deal in any parts, and neither is the Supplier co-manufacturer of any equipment), Supplier is not liable for any damage that might be caused to Customer or any third person in relation to the use of goods that is the outcome of 3D print, or documentation furnished by Customer (this applies to damage to property and bodily harm, as well as damage caused by operation of goods or damage to equipment of which goods are a part, or damage caused as a result of operation of such equipment). Compensation for lost profit is excluded.
7. If 3D printing is ordered exclusive of any Supplier’s services for preparation in any manner of the 3D print, or for verification of feasibility of 3D printing, the Customer is required to furnish documentation for the 3D print in a condition and at a quality required for the final goods, and to verify the feasibility of 3D printing.
8. Customer shall be solely responsible for defects in goods/service as a result of furnishing faulty/poor quality documentation.
9. Slight deviation that cannot be avoided due to 3D printing production technology (the parameters of which have been published by the Supplier prior to filling and sending the order by Customer, acceptance by Customer of the Supplier’s price quotation, signature by the Customer of a written contract for work) shall not be deemed defects, the same applying to 3D printing-caused standard deviations in uniformity of material, quality, dimensions, colour or weight of delivered goods, unless the Supplier has agreed that some of the parameters of the goods will have specific properties/features requested by the Customer.
10. Customer is responsible for the contents of the documentation the Customer has furnished, for goods made through 3D printing according to such documentation, for service provided under the Customer’s order, and for their compliance with legal regulations valid in the Slovak Republic (and in the country where the Customer has its registered office, place of business, or point of delivery of the goods) and/or generally accepted principles of morality, and shall be liable for any damage that might by caused to any third person in relation to the use of the goods/service. Also, Customer shall be liable for damage caused to the Supplier and undertakes to compensate the latter in the fullest extent should any judicial, administrative or any other proceedings be initiated against the Supplier in relation to non-compliance of documentation or goods made through 3D printing, or any service provided according such documentation with legal regulations valid in Slovak Republic (and/or in the territory of a country where the Customer has its registered office, place of business, or point of delivery of the goods) and/or generally accepted principles of morality, or where a third person raises any claim against the Supplier due to infringement of such person’s rights as a result of 3D printing or delivery of a service under the Customer’s order.
11. If the Supplier establishes during processing of an order that the contents of the documentation is insulting/defamatory, or is contrary to the Supplier’s moral and ethical views or generally binding legal regulations or licence rights, the Supplier has the right to withdraw from contract by serving a withdrawal notice either by e-mail to the Customer’s e-mail address, or by conventional post. Customer will not become entitled to claim any compensation other than return of the already paid price.
12. Customer acknowledges that Supplier is not required to review compliance of any final goods/service with legal regulations applicable in the Slovak Republic (or in the territory of a country where the Customer has its registered office, place of business, or point of delivery of the goods) or any international law documents, or whether production of goods/delivery of service will result in violation of any third party right(s).
13. If goods are returned due to a defect that has been discovered after the acceptance of the goods and that was neither evident nor possible to discover upon customary inspection at the time of acceptance, and if the defect can be remedied, the Customer has the right to request free, timely and proper removal of the defect. Supplier is required to remove the defect without undue delay. In lieu of removal of a defect, Customer is entitled to request that the goods be replaced or, if the defect relates only to a component/part of the goods, that such component/part of the goods be replaced, as long as this will not result in disproportionate costs to the Supplier, given the price of the goods or severity of the defect. In lieu of removal of defect, Supplier may replace the faulty goods with perfect goods, unless this would cause significant difficulties to the Supplier. If a defect is concerned which cannot be removed and which prevents due and proper use of the goods (for purposes the Supplier must have been aware of at the time of acceptance of the order), the Customer has the right to request replacement goods, or to withdraw from the contract. The Customer has the same rights if the defects may be remedied but the Customer is prevented in proper use of the goods due to repeated occurrence of the defect, or due to multiple defects. If other non-removable defects are concerned, the Customer has the right to a reasonable reduction of the purchase price corresponding to the nature and extent of the defect. When returned, damaged or defective goods must be complete and its quantity must correspond to that at the time of delivery. If a quantity lesser than that as at the time of delivery is returned, it will be understood that the goods were free of defects preventing their use and the Customer is not entitled to acceptance of the complaint.
14. Supplier is required to respond to complaints and to inform the Customer in writing (e-mail, conventional post) about the outcome of processing of the compliant within 30 days of the date of delivery of a written compliant.
15. The procedures set out in this Article shall apply mutatis mutandis to any complaints or initiative lodged by Customers.
16. Supplier provides warranty on the delivered goods/services in agreement with the applicable legal regulations of the Slovak Republic. The warranty period commences to run as of the date of receipt of goods by Customer, or provision of a service to Customer.
17. Customer has the right to lodge a complaint in respect of goods within the warranty period, without undue delay after having become aware of a defect, by submitting written complaint to the Supplier’s address specified herein in compliance with generally binding legal regulations.
18. Any entitlements of Customers who are consumers resulting from legal regulations valid in the territory of the Slovak Republic and dealing with consumer protection which may not be derogated from remain unaffected by these GTB.
19. Where Customers that are not consumers are concerned, liability for defects in goods and the warranty terms and conditions are not governed by the provisions of these GTB and shall be instead governed by the provisions set out in the Commercial Code, price quotation or written signed contract for work (if to be signed), and shall not be subject to any provisions of legal regulations dealing with consumer protection.
IX. Liability in Relation to Intellectual Property Rights and Licenses
1. By filling and sending the order form, paying the price, accepting the price quotation and signing the contract for work, Customer expressly acknowledges that the Customer is in possession of all authorizations to be able to order and use (for any purpose intended by the Customer) goods/service, if these are, or might be, subject to any intellectual property rights (possesses the appropriate licence for the use of a thing).
2. Supplier is not responsible for compliance of the contents of documentation, goods made by 3D printing, or service provided under an order with generally binding legal regulations, licence rights and neither is the Supplier responsible for potential infringements of third party intellectual property rights as the Supplier is not in the position to verify the authority of the Customer or end-customer to exercise such rights and/or the scope in which they may exercise such rights.
3. Supplier is not liable for any damage associated with potential infringement of intellectual property rights of any person that might be caused to the Customer or any third person as a result of the use of goods that is the outcome of 3D printing or the documentation furnished by the Customer.
4. Customer is responsible for compliance of the contents of any Customer-furnished documentation, goods made through 3D printing according to Customer-furnished documentation and the service provided under the Customer’s order with legal regulations valid in the Slovak Republic (and in the country where the Customer has its registered office, place of business, or point of delivery of the goods), generally accepted principles of morality, licence rights, and for non-infringement of third party intellectual property rights, and is liable for any damage caused to any third person and associated with the use of the goods/service. Customer is also responsible for any damage caused to the Supplier and undertakes to immediately compensate the latter in full should any judicial, administrative or other proceedings be initiated against the Supplier in relation to non-compliance of documentation, goods made through 3D printing or service provided with legal regulations valid in the Slovak Republic (and in the country where the Customer has its registered office, place of business, or point of delivery of the goods), generally accepted principles of morality, licence rights, and for non-infringement of third party intellectual property rights, including where any third party raises claims against the Supplier as a result of infringement of such third party’s intellectual property rights as a result of 3D printing or performance of a service under the Customer’s order.
5. Customer acknowledges that the Supplier is not required to evaluate the compliance of any final goods/service with legal regulations valid in the Slovak Republic (and in the country where the Customer has its registered office, place of business, or point of delivery of the goods), or whether making the goods/delivery of the service results in infringement of any third party right, licence rights or any other third party intellectual property rights. Supplier is authorized to request that the Customer proves its right to use an object to which intellectual property rights are evidently attached, and the Customer is required to furnish reliable proofs of such rights within 5 (five) days of delivery of the Supplier’s request; the goods/service delivery period shall not run during that time limit (from delivery of the request until evidencing the right).
X. Other Provisions
1. By filling and sending the order form, paying the price, accepting the price quotation and signing the hard copy contract for work, Customer confirms that the Customer is a person independent from the Supplier (and that the Supplier is independent from the Customer) in the sense of the definition set out in Act No. 595/2003 concerning income tax, as amended (i.e. in particular the Customer is not affiliated with the Supplier through personnel, economic or any other ties pursuant to Section 2(n) of Act No. 595/2003 concerning income tax, as amended). Customer is required to notify to Supplier changes, if any, related to such potential affiliation with the Supplier within 5 (five) days of occurrence of such change.
2. Adhering to corporate liability, Supplier legitimately requests that the Customer abide by all legal regulations valid in the Slovak Republic (and in the country where the Customer has its registered office, place of business, or point of delivery of the goods) and international norms dealing with ethical and responsible behaviour, in particular those relating to human rights, environmental protection, sustainable development, bribery and corruption, and particular all domestic, European and international rules and OECD rules dealing with efforts to combat corruption, US Foreign Corrupt Practices Act, UK Bribery Act, French “Sapin II” (relating to transparency and combating corruption) and also international trade sanctions as may be imposed by the European Union or UNO (in compliance with Chapter VII of the UN Charter).
3. By filling and sending the order form, accepting the price quotation and signing the hard copy contract for work, Customer expressly undertakes not to offer, provide, and not to agree to provide to, or not to accept or agree to accept from any third person, either for the Customer’s own benefit or for the benefit of any person, either in direct or indirect relation to the goods/service provided by the Supplier, any pecuniary or non-pecuniary advantage, gift or any other preferred treatment that is illegal or corrupt under the applicable law, and to secure the same approach also by its employees and representatives. Customer will notify the Supplier without undue delay of any suspected, or actual breach of the above anti-corruption obligation.
4. Customer is not entitled to set-off by unilateral legal act any of its claims held against the Supplier against the price of goods/service. Customer is not entitled do assign any of its rights exercisable against the Supplier to any third person. Customer’s rights that cannot be excluded are not affected thereby.
5. By filling and sending the order form, accepting the price quotation and signing the hard copy contract for work, Customer confirms that the Customer is not listed in the List of VAT payers in relation to whom reasons for deregistration from that list maintained by the Financial Administration of the Slovak Republic occurred, and that the Customer’s name is not published on the relevant portal of the Slovak Financial Administration for such a purpose. Should the Customer’s name appear on the above list, the Customer is required to inform the Supplier of such fact within 5 days of its making public. Should there be any pecuniary performance by the Supplier to the Customer and the above Customer’s declaration has become outdated including, without limitation, should the Supplier pay any outstanding tax (added value tax) in lieu of the Customer due to tax guarantee pursuant to Section 69(14), in conjunction with Section 69b(1) of Act No. 222/2004 Coll. concerning value added tax, as amended, the Supplier becomes entitled to charge a contractual penalty to the Customer corresponding to at least the so paid tax, and also to withdraw from the contract and to set-off any of its claims, including those not yet due and/or statute barred, against any Customer’s claim, while the Supplier’s right to claim compensation for damages remains unaffected thereby.
6. By filling and sending the order form, accepting the price quotation and signing the hard copy contract for work, Customer confirms that it complies, and ensures the compliance with all applicable labour law regulations dealing with illegal employment, in particular with the provisions of Act No. 311/2001 Coll. The Labour Code, as amended, and Act No. 85/2005 Coll. concerning illegal work and illegal employment and amending certain laws, as amended. Should sanction be imposed on the Supplier by a supervisory authority in agreement with Act No. 82/2005 Coll. concerning illegal work and illegal employment and amending certain laws, as amended due to Customer’s act contrary to the above confirmation, the Supplier is entitled to exercise rights identical to those referred to in the preceding Paragraph in fine.
XI. Data and Privacy Protection
1. Protection of personal data at the Supplier’s company is governed by a separate document.
XII. Out Of Court Settlement of Disputes
1. Customer that is a consumer has recourse to the Supplier if the former is not satisfied with manner of handling a complaint by the Supplier, or if such Customer believes that the Supplier violated the Customer’s rights. Customers is entitled to lodge a motion to initiate alternative (out-of-court) resolution of a dispute before an entity providing alternative resolution of disputes, should the Supplier dismisses the above request for recourse or fails to respond to the same within 30 days of its sending. This shall be without prejudice to the consumer’s right to apply to a court.
2. The competent authority to deal with consumer disputes resulting from purchase agreements is the Slovak Trade Inspection (Slovenská obchodná inšpekcia), Prievozská 32, 827 99 Bratislava, Corporate ID (IČO): 17 331 927 that can be contacted on the following address: Slovenská obchodná inšpekcia (Slovak Trade Inspection), Ústredný inšpektorát (Central Inspectorate), Odbor medzinárodných vzťahov a alternatívneho riešenia sporov (Department of International relations and Alternative Resolution Disputes), Prievozská 32, 827 99 Bratislava or by an e-mail sent to: ars@soil.sk or adr@soi.sk. Website: https://www.soi.sk. The platform for on-line resolution of disputes located on https://ec.europa/consumers/odr can also be used for resolution of disputes between suppliers and customers resulting from purchase agreements. Consumer has the right to lodge a motion to initiate alternative resolution of dispute to the entity for alternative resolution of disputes pursuant to Act No. 391/2015 Coll. concerning alternative resolution of consumer-related disputes and amending certain laws, as amended, by following the procedure set out in Section 12 of the above law. Entities for alternative resolution of disputes are bodies and authorized legal persons pursuant to Section 3 of the above law.
3. European Consumer Centre Slovakia (Európske spotrebiteľské centrum Slovenská republika), with their registered office on Mlynské nivy 44/a, 827 15 Bratislava, website: http:/esc-sr.sk/ is the point of contact pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
4. Consumers may lodge a complaint also through the RSO alternative dispute resolution platform available on-line: http://ec. europe.eu/odr.
XIII. Final Provisions
1. All contractual, commercial and other relations between the Supplier and Customer addressed in these GTB may be amended solely in a written form and only if the Supplier consents to such changes through a representation to that effect, in the price quotation or in the written contract for work. Any Customer’s GTB shall not apply, unless the Supplier grants its consent through a representation to that effect, in the price quotation or in the written contract for work.
2. Communication between the Customer and Supplier will occur preferably through electronic messages sent to e-mail addresses the parties notify to each other, or through conventional post. Notices sent by electronic mail to the e-mail address of the other party shall be deemed delivered at 10:00 hours (addressee’s time) on the first business day following after the dispatch of the e-mail, unless an automatic delivery failure notice, or notice informing about the addressee’s temporary unavailability/inability to access e-mail messages is delivered to the sender within 24 hours of the time of dispatch of its e-mail.
3. All contractual, commercial and other relations between the Supplier and Customer shall be governed by the laws of the Slovak Republic (in particular by Act No. 513/1991 Coll. the Commercial Code, and Act No. 40/1964 Coll. The Civil Code).
4. Any disputes arising out of relations referred to in the preceding Paragraph, including disputes relating to validity of these, GTB, contract for work or other contract/agreement between the Supplier and Customer, their interpretation or nullity will be resolved before a general Slovak court having jurisdiction.
5. These GTB are valid in a wording as publishes on the Supplier’s website h3d.sk. Supplier hereby reserves the right to modify/amend these GTB. The obligation to notify any amendment of these GTB in writing will be deemed complied with by publishing/posting the relevant document on the Supplier’s website.
Version effective as of 25.05.2019
sample of withdrawal from contract
(fill in and send this form only if you wish to withdraw from contract)
To:
DATALAN Quality Instruments s.r.o.
Púchovská 8
831 06 Bratislava
Slovak republic
The undersigned:
Name and Surname of Consumer/Consumers*:
Address of Consumer/Consumers*:
hereby notifies/notify* that I/we* withdraw from the contract for this goods*contract for service*: …………………..
Date of Order/Receipt*: …………….
Please state also Order No./Tax Document No.*: ………………….
Signature of consumer/consumers* (only if hard copy of this form is submitted)
Dated: ……………
* Strike-through what is not applicable.
