The Terms and Conditions of the OMNI3D Services

A SERVICE FOR ENTREPRENEURS ONLY

1. Basic information

1.1. These Terms and Conditions concern the principles of the submission and realization of Orders for the OMNI3D services.

1.2. These Terms and Conditions only concern the sale of Services the specification and price of which are set out in the information sent to a Client in response to that Client’s request for proposal (hereinafter also called a Request), made by electronic mail, with the use of the form available on page http://omni3d.com, or sent directly to the sales@omni3d.com address.

1.3. The Service Provider, within the meaning of these Terms and Conditions, will be the OMNI3D spółka z ograniczoną odpowiedzialnością company, with the registered seat in Poznań (61-748), at ul. GARBARY 64, entered into the register of entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto in Poznań, the 8th Commercial Division, with number: 0000464678, with NIP (English: Tax Identification Number): 7831700117 and REGON (English: National Business Registry Number): 302451039, share capital: PLN 60,250.00.

1.4. A Client, within the meaning of these Terms and Conditions, will be a juridical person operating a business or a sole trader who orders the service of 3D printing from OMNI3D, in relation to its business activity.

2. The ordering of a service

2.1. A request for proposal should be made by electronic mail, with the use of the form available on page: http://omni3d.com, by filling in that form and clicking the “Send” option or by sending the request directly to the address: sales@omni3d.com, and by giving all the information required in the abovementioned form, including a declaration of having become acquainted with the Terms and Conditions of the OMNI3D and of having accepted them.

2.2. In response to a request for proposal the Service Provider will send Information containing the specification, price, and time of realization of the order. The basis for the realization of an order will be an unequivocal acceptance of the terms of its realization, set out by the Service Provider in the Information. The acceptance will be declared in the form of electronic correspondence, by sending an affirmative answer to the address from which the Information has been received. An acceptance which contains an additional condition will be considered to be another request for proposal – the Service Provider will send Information again and that Information will have to be accepted by the Client.

2.3. A request for proposal will only be effective if these Terms and Conditions are accepted. The acceptance of these Terms and Conditions will be declared by marking an appropriate option when sending the form or by including such a declaration in the content of an email message sent in accordance with point 2.1.

2.4. Any questions related to the content of these Terms and Conditions should be sent to the address: sales@omni3d.com

3. The acceptance of an order for realization

3.1. The subject matter of an Order is the printing of a number of items defined in the request for proposal, according to these Terms and Conditions and in the Information sent by the Service Provider in response to the Client’s request for proposal.

3.2. The acceptance of an Order for realization takes place at the moment when the Client has sent a proof of having paid the pro forma invoice received from the Service Provider after having accepted the Information. The making of the payment is equivalent to the acceptance of the parameters, price, and other conditions of the order set out in the Information.

4. The Service Provider’s main obligations

4.1. The Service Provider will print three-dimensional items, the number of which will be indicated in the Client’s request for proposal, as stipulated in the Information sent in response to that request and in these Terms and Conditions (hereinafter also called “Items”). The Service Provider will exercise due diligence to ensure the compliance of the printed items with the Client’s expectations. The three-dimensional printed items can be delivered to the Client or collected in person at the Service Provider’s seat. The delivery will be organized at the Client’s cost and risk.

4.2. The title to the printed items will be transferred to the Client at the moment of the actual collection of the items at the Service Provider’s seat or their actual collection from a carrier. The Service Provider’s responsibility on account of warranty is excluded. The Service Provider will not be responsible for the usefulness of the printed items for the purposes intended by the Client. The customer is obliged to assess the suitability of the material of the copies as well as their form for the production, technological and commercial processes they intend to submit and in particular ensure that they will be used only in a manner that does not jeopardize the health or life of individuals and complies with the standards of universally applicable law.

4.3. The printed items will be used at the Client’s sole responsibility and the Client, by accepting these Terms and Conditions, releases the Service Provider from any responsibility for the use of the printed items, and the Client will immediately pay any claims which might be, on any basis, adjudged to be paid by the Service provider to third parties, in relation to the use of the printed items for any purpose.

4.4. By accepting these Terms and Conditions the Client declares that the Client has the right to use the utility model or design constituting the basis for the printed items to be made by the Service Provider, especially to reproduce and modify that model/design and to use it within the framework of the activity of the Client’s enterprise, in the manner intended by the Client. The Client releases the Service Provider from any responsibility which might arise from an infringement of the industrial property rights or copyrights in relation to the making of the printed items and the Client will immediately pay any claims which might, on any basis, be adjudged to be paid by the Service Provider to third parties in relation to an infringement of the rights mentioned above resulting from the provision by the Service Provider of the services defined in these Terms and Conditions.

5. The time for the making of the printed items

5.1. The service will be provided within the time specified in the Information. If the date of delivery is exceeded, the Service Provider will inform the Client about it by email.

5.2. Should the Service Provider not make the printed items by the time given in the Information, the Client will be entitled to rescind the agreement by sending the information about the rescission of the agreement, according to section 13. Should the Client rescind the agreement, the Service Provider will return to the Client the paid amount, subject to section 12, point 12.1.

5.3. The time of the realization will be calculated from the day following the day on which a proof of the payment of the pro-forma invoice will have been sent by the Service Buyer.

6. The payment method

6.1. The payment of the value of an Order will be made by money transfer to the bank account the number of which will be indicated in the pro-forma invoice.

6.2. The invoice number must be indicated in the title of the bank transfer.

7. The effective date of the agreement

The agreement will be effective as of the moment the Client accepts the conditions presented in the Information.

8. Additional information about the agreement

8.1. Agreements entered into on the basis of these Terms and Conditions are governed by the law of the Republic of Poland.

8.2. The court competent for the resolution of the disputes resulting from agreements which are subject to these Terms and Conditions will be the court of general jurisdiction for the Service Provider.

9. Special right to rescind

9.1. The Service Provider reserves the right to rescind an agreement entered into on the basis of these Terms and Conditions, within 14 work days from the date of the conclusion of that agreement. In such a case the amount of the price paid by the Client will be promptly paid back to the bank account from which it has been sent. A rescission statement will be considered to have been submitted when an email containing that statement has been sent to the address from which the Service Provider has received the request for proposal or a confirmation of the conditions included in the Information, unless the Client has informed the Service Provider about a change of the email address, indicating – in the title of the message – the order number and providing a note saying “change of address”.

9.2. The message will be considered to have been delivered on the day it will be sent, regardless of the actual day when it will be received and when its content will be read by the Client. If a change of the Client’s address will not be reported in the manner defined above, correspondence delivered to the last provided address will be considered to be valid even if it will be impossible to receive a message from that address. The Service Provider will not be responsible for the results of the rescission of the agreement made in the manner described above, in particular, the Service Provider will not be obligated to repair the damage resulting from such a rescission, including the covering of any costs borne by the Client.

10. The handover of the printed items and exposition rights

10.1. The printed items will be delivered to the Client, at the Client’s cost and risk, by a Courier or they will be collected in person at the Service Provider’s premises. The manner in which the printed items will be delivered will be defined in the Information sent by the Service Provider. The Service Provider has the right to choose the carrier or freight forwarder, at the Service Provider’s discretion, and to make an order for transport in the name of of and to the benefit of the Client, at that carrier’s or freight forwarder’s rates for transport or freight forwarding services.

10.2. Service Provider acquires the right to record the image of objects printed for the Client in any form technically available, preeminently in form of digital photography and filming. Service Provider acquires the right to use the named images of printed objects on its websites, in social media, and in marketing materials of all kind. At the same time Service Provider acquires the unrestricted right to inform publically about its cooperation with the Client. The right defined in this provision includes storage, transfer and dissemination of images by all means available, including: reproducing copies of the marks using any techniques known, including printing and digital technique,storage in any format of computer files on any data carrier, as well as by means of cloud storage, performing all forms of dissemination and disclosure through Internet and television broadcast. In the scope mentioned above the Client hereby establishes free of charge and geographically unrestricted licence to use the images of printed objects for an indefinite period of time. The Client hereby relinquishes its right to terminate this licence. On the same conditions, Service Provider is allowed to use name of the Client, which includes not only visual but also auditory broadcasting, including radio auditions. The rights stipulated herein do not arise if an Order is placed with overt exclusion of this clause and becomes accepted by Service Provider along with the named reservation.

11. The non-collection of printed items

11.1. A delivery service will be ineffective when the printed items being the subject matter of an order will not be collected by the Client despite the fact of the Courier having delivered them in a correct manner.

11.2. In the case of an ineffective delivery service it will be possible to collect the printed items at the Service Provider’s seat within 14 calendar days from the day of the ineffective attempt at a delivery.

12. The effects of the non-collection of printed items

12.1. The non-collection of printed items within the time defined in point 11.2 entitles the Service Provider to deposit them at the Client’s cost and risk or to store them for a fee in the amount of PLN 5 / m3 of the cubic volume of the element / 24 hours. The non-collection of printed items within 30 days from the collection day defined in point 11.2 gives the Service Provider the right to scrap the printed items at the Client’s cost or to retain them with the possibility of another sale. Notwithstanding the foregoing, the non-collection of printed items within 30 days from the collection day defined in point 11.2 entitles the Service Provider to keep the amount of the price paid for the printing of the printed items, as a contractual fine for the non-collection of correctly provided goods. The payment of a contractual fine does not exclude and does not limit the Service Provider’s right to claim damages on general terms, if and to the extent that those damages are not covered by the amount actually paid on account of the fine.

12.2. For the printed items to be handed over to the Client within the framework of a collection in person – agreed upon in the agreement or resulting from the ineffectiveness of the delivery service – it will be necessary for that Client to present a proof of having paid for the order and for the person coming to collect the printed items to present his or her identity card.

12.3. The Service Provider reserve the right to refuse the hand-over of the printed items to a person who will not present the documents defined in point 12.2 above.

13. Contact

The sales agreement concluded on the basis of these Terms and Conditions is a remote agreement the Parties of which will contact each other in the manner set out below:

a) as regards the Client’s submission of a request for proposal – by means of the form available on page: http://omni3d.com, by filling it in and clicking the “Send” option or by sending the request directly to the address: sales@omni3d.com, with all the data required in the abovementioned form, including a declaration of having become acquainted with the Terms and Conditions of OMNI3D and of having accepted their content;

b) as regards the registration of an order by the Service Provider and the acceptance of an Order for realization by the Service Provider – by email, whereby the messages from the Service Provider will be sent from addresses in the omni3d.com or omni3d.net domains to the email address given by the Client in the electronic request form or to the address from which the request came;

c) as regards any other actions related to the performance of the agreement, as well as any other communication between the Client and the Service Provider, with the use of the following email addresses: sales@omni3d.com;

d) as regards matters related to technical issues – with the use of the sales@omni3d.com address.

14. The protection and processing of personal information

14.1. The Service Provider will be the administrator of the personal information collected in relation to the making of orders. The personal information of Clients or people acting on behalf of Clients will be processed in compliance with the principles set out in the law of August 29, 1997 on personal data protection (i.e. Journal of Laws, 2002, no. 101, item 926, as amended).

14.2. The submission of personal information is voluntary, however, if such information is not submitted, within the scope of required in the Request form, it will not be possible to submit a Request.

14.3. A natural person has the right of access to the content of their personal information submitted to the Service Provider, to demand that it be changed, and to demand that it be immediately deleted.