In force on 2021-08-12
These General Conditions of Sale (known as “GTC”) apply without restriction or reservation to all sales made by the Seller to non-professional buyers (“Customers or Customers”) wishing to acquire the products offered for sale (“The Products”) by the Seller on the site www.makersoft3d.com. The Products offered for sale on the site are as follows:
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.makersoft3d.com which the customer is required to take note of before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are within the limits of available stocks, as specified when placing the order.
Any object is printed on order. A printing time of 4 working days is therefore to be taken into account.
These CGV are accessible at any time on the site www.makersoft3d.com and will prevail over any other document.
The Customer declares to have read these GTCs and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure for the site www.makersoft3d.com.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
The seller’s contact details are as follows:
MAKERSOFT EI
558 route du Barrage
38121 Reventin-Vaugris
FRANCE
Registration number: 881 368 492 00016
The Products presented on the site www.makersoft3d.com are offered for sale for the following territories:
FRANCE, BELGIUM, LUXEMBOURG, SPAIN, GERMANY, NETHERLANDS, UNITED KINGDOM, ITALY, PORTUGAL, AUSTRIA, BRASIL, UNITED-STATES, FINLAND, JAPAN, POLAND, CZECH REPUBLIC.
In the event of an order to a country other than mainland France, the Customer is the importer of the Product (s) concerned.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be chargeable and are the sole responsibility of the Client.
The Products are supplied at the current prices shown on the site www.makersoft3d.com, when the order is registered by the Seller.
The prices are expressed in Euros, without Taxes.
The prices take into account any reductions that may be granted by the Seller on the site www.makersoft3d.com.
These prices are fixed and cannot be revised during their validity period, but the Seller reserves the right, outside the validity period, to modify the prices at any time.
The prices do not include the processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated before placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and delivered to the Customer upon delivery of the Products ordered.
It is up to the Customer to select the Products he wishes to order on the www.makersoft3d.com site, in the following ways:
The Customer chooses a Product from the catalog in stock on the website, which he can delete or modify before confirming the order and accepting these general conditions of sale.
He will then enter his contact details or connect to his personal space and choose the delivery method.
After validation of the information, the order will be considered final and will require payment from the Customer according to the terms provided.
The Customer may, if he chooses, modify his order before it goes into “in progress” status. Beyond that, he will no longer be able to act on his order. He must contact the seller to modify it.
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to check the accuracy of the order and immediately report any errors.
Any order placed on the site www.makersoft3d.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer can follow the progress of his order on the site.
Any cancellation of the order by the Customer after its acceptance by the Seller will only be possible within three working days at most days after acceptance of the order by the Seller and as long as the delivery has not taken place (regardless of the relative provisions whether or not the statutory right of withdrawal is applied).
In order to place an order, the Customer is invited to create an account (personal space).
To do this, he must register by filling out the form which will be offered to him at the time of his order and undertakes to provide sincere and exact information concerning his marital status and his contact details, in particular his email address.
The Customer is responsible for updating the information provided. He is told that he can modify them by logging into his account.
To access his personal space and order histories, the Customer must identify himself using his username and password which will be communicated to him after registration and which are strictly personal. As such, the Client shall refrain from any disclosure. Otherwise, he will remain solely responsible for the use to which it will be put.
The Customer may also request to unsubscribe by going to the dedicated page in his personal space or by sending an email to: https://makersoft3d.com/en/account/. This will be effective within a reasonable time.
In the event of non-compliance with the general conditions of sale and / or use, the site www.makersoft3d.com will be able to suspend or even close a customer’s account after formal notice sent by electronic means and remained without effect .
Any deletion of an account, for whatever reason, results in the outright deletion of all of the Customer’s personal information.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.
The creation of the account implies acceptance of these general conditions of sale.
The price is paid by secure payment, in the following ways:
For payment by credit card, the debit of the card is made by Paypal at the time of the order. Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider involved in banking transactions carried out on the www.makersoft3d.com site.
Payments made by the Customer will only be considered final after the Seller has actually collected the amounts due.
The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay him the full price under the conditions indicated above.
The Products ordered by the Customer will be delivered to FRANCE, BELGIUM, LUXEMBOURG, SPAIN, GERMANY, NETHERLANDS, UNITED KINGDOM, ITALY, PORTUGAL, AUSTRIA
Deliveries are made within three working days to a Mondial Relay relay point and five working days to the address indicated by the Customer when ordering on the site.
The delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or the unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller agrees to make its best efforts to deliver the products ordered by the Customer within the above-specified deadlines. However, these deadlines are given for information only.
If the Products ordered have not been delivered within three working days after the indicative delivery date, for any reason other than force majeure or the fact of the Customer, the sale may be canceled at the written request of the Customer within the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, excluding any compensation or deduction.
Deliveries are made by an independent transporter, at a relay point or at the address mentioned by the Customer when ordering and to which the transporter can easily access.
When the Customer is responsible for using a carrier he chooses himself, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who has accepted them without reservation. The Customer therefore recognizes that it is the carrier who is responsible for making the delivery and has no warranty claim against the Seller in the event of failure to deliver the goods transported.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, on a quote previously accepted in writing by the customer.
The Customer is required to check the condition of the products delivered. He has a period of fourteen clear days from delivery to make complaints by E-MAIL, accompanied by all the supporting documents relating thereto (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to be in conformity and free from any apparent defect and no claim may be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose conformity defects or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 and following of Consumer Code and those provided for in these GTC.
The transfer of the risks of loss and deterioration relating thereto will only be carried out when the Customer physically takes possession of the Products. The Products therefore travel at the risk of the Seller except when the Customer himself has chosen the carrier. As such, the risks are transferred at the time of delivery of the goods to the carrier.
The transfer of ownership of the Products from the Seller to the Customer will only be made after full payment of the price by the latter, regardless of the date of delivery of said Products.
According to the terms of article L221-18 of the Consumer Code “The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or outside establishment, without having to justify its decision or to bear other costs than those provided for in articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day:
1 ° From the conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 221-4;
2 ° On receipt of the goods by the consumer or a third party, other than the transporter, designated by him, for contracts for the sale of goods. For contracts concluded outside the establishment, the consumer can exercise his right of withdrawal from the conclusion of the contract.
In the case of an order relating to several goods delivered separately or in the case of an order of a good composed of lots or multiple pieces whose delivery is staggered over a defined period, the period runs from receipt the last good or lot or the last piece.
For contracts providing for the regular delivery of goods for a defined period, the period runs from the receipt of the first good. “
The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other declaration, unambiguous, expressing the will to withdraw and in particular by postal mail addressed to the Seller at the postal or email contact details indicated in ARTICLE 1 of the GTC.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be re-marketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
Return costs remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
4336/5000ARTICLE 8 – SELLER’S RESPONSIBILITY – GUARANTEES
The Products supplied by the Seller benefit from:
the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order,
of the legal guarantee against hidden defects arising from a defect in material, design or manufacturing affecting the products delivered and making them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing when they are delivered. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility. “
Article L217-5 of the Consumer Code
“The goods comply with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special purpose sought by the buyer, brought to the knowledge of the seller and which the latter has accepted. “
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. “
Article 1641 of the Civil Code.
“The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes that use, that the buyer would not have acquired it, or n ‘would have given them a lower price, if he had known them. “
Article 1648 paragraph 1 of the Civil Code
“The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. “
Article L217-16 of the Consumer Code.
“When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization at least seven days is added to the duration of the remaining warranty. This period runs from the request for intervention by the buyer or the provision for repair of the goods in question, if this provision is subsequent to the request for intervention. “
In order to assert their rights, the Customer must inform the Seller, in writing (email or post), of the non-conformity of the Products or of the existence of hidden defects from the time of their discovery.
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
The shipping costs will be reimbursed on the basis of the invoiced price and the return costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within thirty days after the seller’s acknowledgment of the lack of conformity or hidden defect. This reimbursement can be made by bank transfer or check.
The responsibility of the Seller cannot be engaged in the following cases:
non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.
The Seller’s guarantee is, in any event, limited to the replacement or reimbursement of non-conforming Products or affected by a defect.
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivering the Products. This personal data is collected only for the performance of the sales contract.
The personal data which are collected on the site www.makersoft3d.com are the following:
Account opening
When creating the Client / User account:
Names, first names, postal address, telephone number and e-mail address.
Payment
As part of the payment for Products offered on the site www.makersoft3d.com, it records financial data relating to the bank account or the credit card of the Client / user.
Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.
The category (ies) of co-contractor (s) is (are):
Transport providers
Payment establishment providers
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.
9.4 limitation of processing
Unless the Customer expressly agrees, his personal data is not used for advertising or marketing purposes.
The Seller will keep the data thus collected for a period of 5 years, covering the time of limitation of the applicable contractual civil liability.
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
In accordance with the regulations applicable to personal data, Customers and users of the www.makersoft3d.com site have the following rights:
They can update or delete data concerning them as follows:
by logging in to your account, on the account configuration tab.
They can delete their account by writing to the e-mail address indicated in article 9.3 “Data controller”
They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data controller”
If the personal data held by the Seller are inaccurate, they may request the updating of the information by writing to the address indicated in article 9.3 “Data controller”
They can request the deletion of their personal data, in accordance with the applicable data protection laws by writing to the address indicated in article 9.3 “Data controller”
They can also request the portability of data held by the Seller to another service provider
Finally, they can oppose the processing of their data by the Seller
These rights, as long as they do not preclude the purpose of the processing, can be exercised by sending a request by post or E-mail to the Data Controller whose contact details are given above.
The controller must provide a response within a maximum of one month.
In case of refusal to grant the request of the Customer, the latter must be justified.
The Customer is informed that in case of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.
The Customer may be invited to tick a box under which he agrees to receive emails of an informative and advertising nature from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
The content of the site www.makersoft3d.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
These T & Cs and the operations arising therefrom are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
For any complaint, please contact customer service at the Seller’s postal or email address indicated in ARTICLE 1 of these GTC.
The Client is informed that he can in any event have recourse to conventional mediation, to existing sectoral mediation bodies or to any alternative method of dispute settlement (conciliation, for example) in the event of a dispute.
The Customer is also informed that he can also use the Online Dispute Resolution (RLL) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home .show
All disputes to which the purchase and sale operations concluded in application of these GTCS and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law common.