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1. SPECIFIC CONDITIONS AND ACCEPTANCE
1.1. These specific conditions regulate the purchasing process of BCN3D products and services through its Website and must be accepted by clients who whish to purchase them (hereinafter, “Clients”).
1.2. These legal conditions are complemented by the General Terms and Conditions of the of the BCN3D website www.bcn3d.com (hereinafter, “General Conditions”).
1.3. Client will be responsible to check, regularly, any changes or modifications to these conditions, and to comply at all times with the terms and conditions contained therein.
2. BCN3D PRODUCTS
2.1. BCN3D make available to Clients 3D Printers, Software, Filaments and any other product or service that it determines at any time available through the Website.
3.1. All orders are conditional on acceptance by BCN3D.
3.2. BCN3D will communicate acceptance of the order as soon as reasonably possible. In accordance with art. 28.3 of Law 34/2002, of July 11, on information society services and e-commerce, the parties agree that the Client will not be obliged to confirm receipt of acceptance of the order by BCN3D.
3.3. The Client must specify in his orders a delivery address.
3.4. BCN3D reserves the right to cancel, at its discretion, any accepted order if any material error is observed in connection with the order, the price (as indicated in Clause 4 below) or any other conditions published on the Website.
4.1. Prices and delivery costs will be those indicated by BCN3D on the date the Client places the order and will be valid during the period indicated at any time by BCN3D, except in case of obvious mistake.
4.2. All Product prices are shown initially without VAT (“Excl. VAT”). At the time of purchase, the price will be updated, breaking down the price of the Products and, where appropriate, the corresponding VAT, all in accordance with the provisions of the regulations in force at any time.
4.3. The price of the Products and services collected on our Website do not include shipping costs. Shipping charges may be applied depending on the delivery method chosen during the purchase process. Shipping costs will be indicated separately in each Order and before making the payment.
4.4. Product prices and shipping and installation costs are subject to change at any time, although these changes will not affect orders placed before the change.
4.5. The Website contains BCN3D products and services available at any time and, despite BCN3D ‘s best efforts, some of the Products listed on the Website may be priced incorrectly. Normally we will verify the prices in the framework of the shipping procedures so that, when the correct price of a Product is lower than the indicated price, we will charge that lower amount when sending the Product to you. If the correct price of a Product is higher than the price indicated on our Website, we may choose, at our discretion, to contact you to request instructions before sending the Product, or to reject the order and notify you of this rejection. If the price error is manifest, undoubted and could have been reasonably detected as an error, we will not be obliged to supply the Products to the Client at the wrong (lower) price.
5. RETURN POLICY
5.1. Events in which the Client will have the right to return the Products
(i) Right of withdrawal
In the event that the Client is considered a consumer or user in accordance with Royal Legislative Decree 1/2007 or the regulations in force at any time, the Client may exercise his right of withdrawal within fourteen (14) days from receipt of the Product (or the last of the Products if there were several in the same order). Once BCN3D has validated the origin of the return, said refund will be made using the same means of payment used by the Client for the initial transaction, unless the Client has expressly provided otherwise. The Client will be responsible for the decrease in the value of the Product resulting from handling other than that necessary to establish its nature, characteristics and operation. Download withdrawal form.
(ii) Defective product
If the Client considers that the Product is defective and wants the refund of the amount paid, then he should contact us through the means of contact indicated in these Conditions, in the fourteen (14) calendar days following receipt of the Product. In such case, we will examine the Product that has been returned in order to determine if the return proceeds, so we will notify the Client by email of the receipt of the product and, subsequently, the conformity or non-conformity of the return. In case of conformity, in general, we will carry out the corresponding refund, as soon as possible. The return by this way does not limit the rights that can assist you in accordance with the product guarantee indicated in clause 6.
(iii) Defective in transit
The Client will have 24 hours to check the integrity of all the components of the order. If the package has any sign of having received a blow or damage, it must be rejected, reflecting it on the delivery note and notifying the logistics department of BCN3D (firstname.lastname@example.org) in the following 24 hours.
5.2. Upon occurrence of any of the assumptions indicated in the previous section, if Client wishes to apply for the return of the Product, he must contact BCN3D, sending an email to email@example.com, where we will inform him about the process to return the Product.
(i) The Client will receive a document by email to be completed (RMA), so that we can authorize the reparation.
(ii) Once the RMA is completed, the Client must send it to firstname.lastname@example.org completed.
(iii) The technical support department will assess the situation and within 48 hours will confirm the Client whether or not BCN3D accepts the return request. If accepted, BCN3D will assign the Client with an RMA number with will be valid for 30 days.
(iv) The product must be sealed in its original packaging. In the case of not returning the order in its original and sealed packaging, BCN3D Technologies reserves the right to accept or reject the return or establish a depreciation of the product.
(v) Once the product has been packed, we will send a transporter that will pick up the goods to be returned perfectly packed, being able to desist from the collection in case of improper packing. It is important that the Client place the RMA number visible on the package.
(vi) Client will not have to pay the courier, except (1) if the withdrawal right is applied where the cost of the carriage will be deducted from the amount to be returned; and (2) in case the damages produced in the products are not caused by the transport or are not a factory default.
(vii) In case of acceptance, the Client will be refunded the amount corresponding to the return. The refunds will be carry out between the 1st and 10th of the month according the return acceptan-ce. For instance, if the return becomes effective on April 15, the money will be paid between May 1 and May 10.
(viii) Once the goods are received in our facilities, our technical service will inspect them and determine whether the product is covered by warranty or not.
(ix) In case of not accepting the return for damages produced outside BCN3D Technologies responsibility, the Client will have the option to request the reparation of the product or to return it as it is. Both the cost of reparation and shipping will be borne by the Client.
5.3. The Client undertakes to take reasonable care of the Products while they are in his possession. If Client do not fulfil this obligation and return the Products to BCN3D, we will be entitled to claim the corresponding compensation. When returning a Product, we recommend the Client to obtain proof of shipment. In any case, we reserve the right to inspect the Product and check, as appropriate, the conditions of the return or the defect. To make a return, the Product must, in addition, be in a “like new” condition and in its original packaging. We reserve the right to refuse a full refund, if the returned Product has been damaged.
6.1. The information relating the warranty period of the Products, as well as any additional information regarding them, will be available together with the Products or upon request.
6.2. The warranty period will begin on the Delivery date. Products purchased from BCN3D will receive the standard warranty in the country of purchase. If the Client transfers such Products to another country where BCN3D provides technical support, the Client will receive the standard guarantee of the destination country.
6.3. BCN3D does not guarantee that the performance of the Products will be uninterrupted or error free.
6.4. If, during the warranty period, BCN3D receives notification of defects or non-conformity with the specifications of the Products, BCN3D may, at its own discretion, either repair or replace the affected Products. If BCN3D is unable to repair, replace or correct a defect or non-conformity of a Product under the guaranteed conditions within a reasonable period of time, the Client shall be entitled to a refund of the purchase price, upon return of the Product to BCN3D. The Client shall bear the cost of returning said Products to BCN3D. For its part, BCN3D will bear the shipping costs of the repaired or replaced Products. In the event that the Client is considered a consumer, the appropriate legal provisions will be applied to replace what is established in the previous paragraph.
6.5. Guarantees described in this clause will be exclusively applicable to those Products that are identified with the BCN3D brand. BCN3D does not guarantee Products from any third party, even if they are included in other BCN3D brand Products. In addition, BCN3D provides all third-party Products as they are at the time of Delivery. However, the producers or distributors of said Products may offer their own guarantees as detailed in the documentation included in said Products and Support Services of third parties.
6.6. Defects originating from: 1) improper or inadequate maintenance by Client; 2) software, interfaces or supplies of the Client or any third party; 3) unauthorized modifications; 4) improper use or operation outside the specifications of the Product; 5) abuse, negligence, accident, loss or damage during transportation; 6) inadequate preparation of the installation site; or 7) unauthorized maintenance or repair; shall be considered excluded from the warranty.
6.7. In the event that the Client is considered a consumer or user, the rights that he may have against the seller for the lack of conformity of the product with the sale contract will be applied. These rights are independent and compatible with the additional commercial guarantee of BCN3D and are not affected by it. Accordingly, if during a period of two years from the delivery of the product any lack of conformity appears at the time of delivery, the consumer and user shall have the right to require the seller to repair the product, replace it, a price reduction or termination of the contract in accordance with the provisions of Title V of Royal Legislative Decree 1/2007. Unless otherwise proven, it shall be assumed that any lack of conformity expressed during the six months after the product was delivered already existed when the product was delivered.
EXCEPT AS STATED ABOVE, XXX DOES NOT ASSUME ANY OTHER WARRANTY COMMITMENT, WRITTEN OR VERBAL, EXPRESS OR IMPLIED.
7. BCN3D LIABILITY
7.1. Nothing in these Purchase Conditions will exclude or limit BCN3D’s liability in connection with:
(i) Death or injury caused by intent or negligence on our part.
(ii) Fraud or fraudulent misrepresentation.
(iii) Responsibility for defective products in accordance with consumer and user regulations.
(iv) Deliberate infractions by us of these Conditions that empower the Client to terminate the Contract.
(v) Any other matter for which it would be illegal to exclude or attempt to exclude BCN3D ‘s liability.
7.2. Without limiting in any way what is established by the applicable regulations, BCN3D will not be responsible for any delay or non-compliance with its obligations arising from these Conditions if such non-compliance is attributable to third parties or to circumstances beyond our reasonable control. BCN3D will only be responsible for the damages that the Client may suffer when said damages are due to a direct malicious or negligent action by us. Including, but not limited to the following, BCN3D shall not be responsible for the damages that may arise from (i) interruptions, viruses, breakdowns, interferences, omissions or disconnections of the electronic system of our Products, the communication system or their equipment due to reasons other than BCN3D; (ii) delays or blockages in the use of the Website due to deficiencies or overloads on the Internet, lines or electrical or communication systems; or (iii) caused by illegitimate actions of third parties outside the control of BCN3D.