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Termos do serviço

VINCITORI BV  TERMS AND CONDITIONS

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/everprint3d/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/everprint3d/privacy_policy).

UPON PROPER SCRUTINY OF ALL THE WORDINGS HEREIN STATED AND YOUR USE OF THIS WEBSITE, YOU HEREBY EXPRESSLY WARRANT AND REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS OF 3D PRINTING PRODUCTS AND SERVICES OFFERED BY VINCITORI BV

These Terms and Conditions, hereinafter referred to as (the “Agreement”) is a browse-wrap agreement and clearly govern the provision and availability of the products and services (the “Services”) offered by VINCITORI BV  (“Entrepreneur”, “VINCITORI BV”, “Trader”, “Us”, “We”, or “Our”) via our website at (www.everprint.ai.) as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Website, “App”, “Online Store”, “Site” or “Platform”).

This Agreement would be applicable and enforceable on all users (“Consumer(s)”, “you”, “your”, “He”, or “She”) that subscribe, access, purchase and utilize our services. This Agreement must be read in conjunction with our Privacy Policy, Complaints Policy, General Disclaimer, Shipping Policy and Return and Refund Policy.

For the purpose of this Agreement, VINCITORI BV and Consumers may be collectively referred to as (the “Parties”)

 

VINCITORI BV HEREBY EXCLUSIVELY RESERVES THE DISCRETIONARY RIGHT TO ALTER, AMEND, REPLACE, MODIFY OR SUSPEND THIS AGREEMENT IN ENTIRETY OR PARTS. Notification of such change shall be deemed to be duly communicated to the consumer by its placement on any part of this page which shall include the date which such change was made and the continuous use of the services would be deemed to constitute an acceptance of the revised Agreement. Endeavour to regularly check this page.

 

Table of Contents

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Scope of applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Consumer’s obligations during the cooling-off period

Article 8 – Consumer’s exercise of right of withdrawal and responsibility for cost

Article 9 – Entrepreneur’s obligations in the case of withdrawal by consumer

Article 10 – Exclusion of the right of withdrawal

Article 11 – Price

Article 12 – Conformity and Additional Guarantee

Article 13 – Delivery and Execution

Article 14 – Duration, termination and renewal transactions

Article 15 – Payments

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Additional or different terms

Annex 1 – Model withdrawal form

 

Article 1. Definitions

In these terms and conditions, the following words and their definitions apply accordingly:

Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between the third party and the entrepreneur;

Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Digital content: data produced and delivered in digital form;

Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement. uses one or more techniques for remote communication;

Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;

Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is personally addressed to him or her in a way that prevents future consultation or use during a period that is tailored to the purpose. for which the information is intended, and which allows unaltered reproduction of the stored information;

Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;

Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not have to be made available if the consumer has no right of withdrawal with regard to his order;

Reflection period: the period within which the consumer can make use of his right of withdrawal;

Right of withdrawal: the consumer's option to waive the distance contract within the cooling-off period;

Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to meet simultaneously in the same room.

 

Article 2. Identity of the entrepreneur

  • Company and Trading Name:

VINCITORI BV

  • Business Address:

         Eindhoven, The Netherlands

iii. Phone number:

       +31643609689

  • E-mail address:

         info@everprint.ai

  • Chamber Of Commerce Number

        85585270

  • VAT Number

        NL863674495B01


         

Article 3. Scope of applicability

3.1   These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and consumer.

3.2   Prior to the conclusion of the distance contract, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.

3.3   If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can store it in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.

3.4   In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

 

Article 4. The offer

4.1   If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.

4.2   The offer is without obligation. VINCITORI BV is entitled to change and adjust the offer.

4.3   The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.

4.4   Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

4.5   All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

4.6   Images accompanying products are a true representation of the products offered. Trader cannot guarantee that the displayed colors correspond exactly to the real colors of the products.

4.7   Each offer contains such information that it is clear to the consumer in regards to what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

  1. the price including taxes;
  2. any shipping costs;

iii    the manner in which the agreement will be concluded and which actions are required for this;

  1. whether or not the right of withdrawal applies;
  2. the method of payment, delivery and execution of the agreement;
  3. the term for acceptance of the offer, or the term within which the trader guarantees the price;

vii.   the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;

viii. whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer;

  1. the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;
  2. any other languages ​​in which, in addition to English, the agreement can be concluded;
  3. the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;

xii.   the minimum duration of the distance contract in the event of a long-term transaction

 

Article 5. The Agreement

5.1   Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the associated conditions.

5.2   If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the agreement.

5.3   If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.

5.4   The entrepreneur can inform himself - within legal frameworks - whether the consumer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the implementation.

5.5   The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

  1. The email address of the establishment of the entrepreneur where the consumer can go with complaints - info@everprint.ai;
  2. The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

iii.   The information about guarantees and existing after-sales service;

  1. The information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  2. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
  3. If the consumer has a right of withdrawal, the model withdrawal form.

5.6   In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

5.7   Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

 

Article 6. Right of withdrawal

For purchase of products:

6.1   When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during 30 days cooling-off period.

6.2   This cooling-off period starts on the day after the consumer or a representative designated or a third party designated by the consumer who is not the carrier has received the product and announced to the entrepreneur.

6.3   Where several products have been ordered in the same order by the consumer, the cooling-off period shall commence on the day on which the consumer, or a third party designated by him, has received the last product.

6.4   Where the delivery of a product consists of several shipments or parts: the cooling-off period shall commence on the day on which the consumer, or a third party designated by him, has received the last shipment or the last part.

6.5   Where the parties have entered into agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

During provision of services:

6.6   When providing services, the consumer has the option to dissolve the service agreement or an agreement for the supply of digital content that is not provided on a tangible medium without stating reasons during at least 30 days, commencing on the day after entering into the agreement.

6.7   To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Entrepreneur’s obligation to inform consumer of right of withdrawal

6.8   The entrepreneur must at all times inform the consumer of his right of withdrawal.

6.9   If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 30 days after the day on which the consumer received that information.

 

Article 7. Consumer’s obligations during the cooling-off period

7.1   During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

7.2   The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 7.1.

7.3   The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

 

Article 8. Consumer’s exercise of right of withdrawal and responsibility for cost

8.1   If the consumer exercises his right of withdrawal, he reports this within the cooling-off period using the standard withdrawal form or via our email at info@everprint.ai or check the FAQ section on our site.

8.2   If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur as fast as possible, but within 14 days from the day following the notification referred to in paragraph 8.1, the consumer shall send the product back, or he hands it over to an agent or representative of the entrepreneur. Where the entrepreneur has offered to retake possession of the product himself, then the consumer will not need to return the product. The consumer has the return term in each case taken into account if he returns the product before the withdrawal period has expired.

8.3   The consumer shall send back the product with accessories, if reasonably possible all delivered in original condition and packaging, and in accordance with the reasonable and clear instructions by the entrepreneur and must prove that the delivered goods have been returned on time, for example by means of proof of shipment

8.4   The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

8.5   If the consumer makes use of his right of withdrawal, at most the costs of return will be for his account.

8.6   If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return has been submitted. Repayment will be made via the same payment method used by the consumer unless the consumer expressly gives permission for another payment method.

8.7   In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any loss in value of the product.

 

Article 9. Entrepreneur’s obligations in the case of withdrawal by consumer

9.1   Where the entrepreneur has been notified about the consumer’s withdrawal, an acknowledgement of receipt of this notification shall be sent to the consumer without delay.

9.2   The entrepreneur shall reimburse all payments from the consumer, including any delivery charges paid to VINCITORI BV by the consumer for the returned product without delay, but within 14 days following the day on which the consumer notifies VINCITORI BV of the withdrawal reports. Unless the entrepreneur offers the product itself to take away, he may hold off until he has received the product or to refund the consumer shows that he has returned the product, according to what time is earlier.

9.3   The entrepreneur shall use the same payment method used by the consumer to carry out the refund to the consumer, unless the consumer consents to another method. The consumer shall receive the repayment without bearing any fees or charges.

9.4   If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the additional costs for the more expensive method shall be non-refundable by the entrepreneur.

 

Article 10. Exclusion of the right of withdrawal

10.1 The entrepreneur has the right to exclude certain products and services from the right of withdrawal but this must have been expressly stipulated by the entrepreneur in the offer prior to the closing of the agreement.

10.2 For products, the entrepreneur can exercise the right of exclusion where the products possess the following characteristics:

  1. Products have been created by the entrepreneur in accordance with the consumer's specifications;
  2. Products are clearly personal in nature;

iii.   Products which by their nature cannot be returned;

  1. Products that can spoil or age quickly;
  2. Products whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence;

10.3 For services, the entrepreneurs can exercise the right of exclusion under the following circumstances:

  1. Services relating to 3D printing activities to be performed on a specific date or during a specific period;
  2. The supply of digital content other than on a tangible medium, but only if:
  3. the implementation has begun with the consumer's prior express consent; and
  4. the consumer has stated that he loses his right of withdrawal.

iii.   Services which its delivery commenced with the express consent of the consumer before the cooling-off period has expired;

 

Article 11. Price

11.1 During the period of validity stated in the offer, the prices of the products and/or services offered are most likely to change as a result of changes in VAT rates and other surrounding circumstances. However, where the consumer has already made payment, prices remain same following the period of payment.

11.2 Contrary to the previous paragraph, the entrepreneur can offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.

11.3 Prices stated in offers are subject to change at any time as the entrepreneur has no authority over these changes.

11.4 The prices stated in the offer of products or services include VAT.

11.5 All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

 

Article 12. Conformity and Additional Guarantee

12.1 The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

12.2 An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to comply with his part of the agreement.

12.3 An additional guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.

 

Article 13. Delivery and Execution

13.1 The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

13.2 The place of delivery is the address that the consumer has made known to VINCITORI BV

13.3 With due observance of the offer provisions found in paragraph 4 of this article, VINCITORI BV will execute accepted orders expeditiously. The delivery time is dependent on the type of product and service purchased by the consumer.

13.4 All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Where the entrepreneur exceeds a delivery time, it does not entitle the consumer to compensation.

13.5 The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

13.6 If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items, right of withdrawal cannot be excluded.

 

Article 14. Duration, termination and renewal transactions

Termination:

14.1 The consumer may terminate an agreement for an indefinite period, which extends to the regular delivery of products or services, at any time while observing the applicable termination rules and providing a notice of up to one month.

14.2 The consumer may terminate an agreement for a definite period, which extends to the regular delivery of products or services at any time by the end of the fixed period  while observing the applicable termination rules and providing a notice of up to one month.

14.3 The consumer can conclude the agreements mentioned in the paragraphs 14.1 and 14.2 at any time and is not limited to termination at some time or in a given period provided that:

  1. such termination is at least carried out in the same way as they are entered into by him; and
  2. such termination is done within the same notice period as the entrepreneur has negotiated for themselves.

Extension:

14.4 An agreement for a definite period, which extends to the regular delivery of products or services should not be extended or renewed tacitly for a certain duration.

14.5 An agreement for a definite period, which extends to the regular delivery of products or services, may only be extended tacitly for an indefinite period if the consumer is permitted to cancel at any time with a notice period of up to one month. The notice period is not more than three months in the event the agreement extends to the regular.

 

Article 15. Payments

15.1 Unless otherwise provided in the agreement or additional terms, amounts owed by the consumer are to be paid within 7 days after the beginning of the cooling-off period, or in the absence of a cooling-off period, within 7 days after the close of the agreement.

15.2 The consumer is obliged to have inaccuracies in payment data provided or stated to report without delay to the economic operator.

 

Article 16. Complaints procedure

16.1 The entrepreneur has a well-publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.

16.2 Any consumer that wishes to commence this complaint procedure shall first notify us of any complaints by sending an email to info@everprint.ai

16.3 Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.

16.4 Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.

16.4 If the complaint cannot be resolved by mutual agreement of the parties, then the consumer can proceed to report such complaint to the European Online Dispute Resolution (ODR) platform provided by the European Commission.

 

Article 17. Disputes

17.1 Any dispute arising from any provisions of this agreement shall be exclusively governed by The Netherlands laws to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods irrespective of the state of residence of the consumer.

 

Article 18. Additional or different terms

18.1 Additional provisions or provisions that deviate from these general terms and conditions must be done in good faith and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.