General terms and conditions of sale and use
1 Validity of the conditions
The deliveries, services and offers of Swiss3Dc.com are carried out exclusively on the basis of these conditions of sale, even if they are not expressly agreed again. These conditions are considered as accepted with the order of the goods or the service. The buyer's general terms and conditions of purchase are hereby rejected. Deviations from these terms and conditions are only valid if confirmed by us in writing.
2 Offer and conclusion of the contract
The offers of Swiss3Dc.com appearing in the price lists and advertisements are non-binding and not contractual. Orders are only binding on Swiss3Dc.com after written confirmation. The confirmations of order are established only on express request. The information contained in our sales documents (drawings, illustrations, dimensions, weights and other services) are provided for information purposes only and do not constitute a guarantee of properties, unless they are expressly designated in writing as binding. If a purchaser exceeds his credit limit with an order, we are released from our obligation to deliver.
The prices stated in our order confirmation are decisive. These are fixed for the goods in stock at the time of the order. In case of delivery or purchase difficulties, the price of the day is applicable on the day of the order. Unless otherwise agreed, the prices are exclusive of transport costs, including statutory VAT.
4 Delivery and performance time
Delivery dates and times are indicative, unless expressly agreed otherwise in writing. The indication of certain deadlines and dates of delivery by Swiss3Dc.com is subjected to the condition that the suppliers and manufacturers deliver Swiss3Dc.com correctly and in due time.
5 Delay of reception
If, after the expiry of an additional time which was granted to him, the purchaser refuses to take delivery of the delivered objects or declares not to want to take delivery of the goods, Swiss3Dc.com can refuse to carry out the contract and require damages for non-fulfillment. Swiss3Dc.com is entitled to claim to the buyer, as damages, either a lump sum of 25 % of the agreed purchase price, or the compensation of the damage actually suffered.
Visible quantity differences must be reported immediately upon receipt of the goods, hidden quantity differences must be reported in writing to Swiss3Dc.com and to the carrier within 4 days of receipt of the goods. Complaints concerning damage, delay, loss or bad packaging must be made immediately upon receipt of the goods.
7 Transfer of risk
The risk is transferred to the buyer as soon as the shipment has been handed over to the person in charge of the transport. If the shipment is delayed or made impossible through no fault of our own, the risk shall pass to the purchaser when he is informed that the goods are ready for shipment. If Swiss3Dc.com assumes the transport costs, agreed upon in each case, this does not affect the transfer of risk.
8 Warranty (Bring-in)
The warranty, in accordance with the following provisions, is 12 months for private final consumers and 6 months for professional purchasers (companies), unless expressly agreed otherwise in writing. For some products, express reference is made to a 12 month manufacturer's warranty. The warranty period begins on the date of delivery. If the operating or maintenance instructions are not followed, if changes are made, if parts are replaced or if consumables not in accordance with the original specifications are used, any warranty is void to the extent that the defect is the result of this. The same applies if the defect is caused by improper use, storage and handling of the devices, or by the intervention of third parties, as well as by opening the devices. Minor deviations from the promised characteristics of the goods do not give rise to warranty claims. Any liability for normal wear and tear (gears, belts, etc.), as well as for consumables (nozzles, thermal break tubes, heating blocks, PTFE protection, key tubes, twist handles) / accessories that have been set aside is excluded. The guarantee rights against Swiss3Dc.com are only for the direct buyer and cannot be transferred. Swiss3Dc.com (Smart3DConcept SA) has the right to repair. Any reduction or modification is excluded. In case of repair, the warranty on the whole product is not extended.
"Bring-in" means that the customer brings or sends us the defective product at his own expense, that we repair it and send it back at our expense (provided that the device arrives in its original packaging).
For returns, we require that the defective part or device be sent or delivered to Smart3DConcept SA for repair, accompanied by the completed repair form and a copy of the invoice with which the device was delivered. Any return of products by the customer requires the preliminary agreement of Swiss3Dc.com and is done at the expenses and risks of the customer. The products must be sent back in their original packaging, with a detailed description of the defects and a return number. Products supplied by us at the customer's request and open software cannot be returned. The replacement of parts, modules or entire devices does not lead to the start of new warranty periods. The warranty is limited exclusively to the repair or replacement of damaged items delivered. When sending the devices to be repaired, the purchaser must ensure that the data contained therein is backed up by copies, as it may be lost during a repair operation.
10 Retention of title
The delivered goods remain the property of Swiss3Dc.com until full payment.
The invoices are payable, according to what was agreed, cash on delivery, or within 10 days net, unless otherwise agreed. Delivery is normally made carriage forward, i.e. at the buyer's expense by parcel post, by carrier or by his own vehicle, unless expressly agreed otherwise. A payment is only considered to have been made when the full amount is available to us. Cheques are only accepted in lieu of payment and are only considered as payment when cashed. If the purchaser is in arrears, we are entitled to charge interest of 5% from the relevant date. During the delay, Swiss3Dc.com is also entitled, at any time, to cancel the contract, to demand the return of the delivered goods and to claim damages in case of cancellation of the contract. All claims shall become due immediately if the purchaser is in default of payment, if he culpably fails to meet other essential obligations arising from the contract or if we become aware of circumstances which may reduce the purchaser's creditworthiness, in particular cessation of payment, the existence of composition or bankruptcy proceedings. In such cases, we shall be entitled to withhold deliveries still to be made or to make them only against advance payment or securities.
12 Limitation of liability
Claims for damages due to impossibility of performance, breach of contract, fault in the conclusion of the contract and unlawful acts are excluded both against us and against our vicarious agents, except in cases of intent or gross negligence. We shall not be liable for damages resulting from the use of the products.
13 Copyright / Software warranty
Insofar as the software is part of the delivery, it is given to the purchaser solely for resale or for his own use, i.e. he is not allowed to copy it or to leave it to others for use. The software is excluded from all warranty provisions on the forms. Only the provisions of the manufacturer's license agreement shall apply.
14 Patents Pending
Parts sold on Swiss3Dc.com web shop are World Wide patent pending. "Once you submit a patent application and it is pending, you can protect your patent. If someone steals, sells, or uses your invention it is infringement."
15 Data protection
Swiss3Dc.com is authorized to treat the data relative to the purchaser obtained within the framework of the commercial relations or in connection with these, that they come from the purchaser himself or from thirds, in accordance with the Swiss federal law on the data protection (LPD). The personal data of the customer is treated confidentially and is only passed on to third parties for the purpose of credit checks.
16 Place of jurisdiction
Geneva Switzerland is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.