GENERAL CONDITIONS OF ONLINE OR TELEPHONE SALES

IRA3D srl
Viale Marazza n. 30
28021 Borgomanero (NO) ITALY

Contact Details
Telephone: +39 0322 862029
Email: info@ira3d.com

 

1. Subject Matter

These General Conditions of Sale (hereafter “General Conditions”) apply to all distance sales (online or by telephone) of products and services available on IRA3D’s website (the “Site”), operated by IRA3D S.r.l.s., located in Viale Marazza 30, 28021 Borgomanero (NO), VAT N.: 02435070038.

The products sold by IRA3D on its Site are information technology goods and micro-goods (the “Products”). Additionally, IRA3D offers a number of services normally connected to the sale of its Products, such as “Poetry Care” (the “Services”). All Products and Services available to users are shown on the Site’s homepage and/or on its pages and are sold for personal use.

All IRA3D Products and Services offered on the Site are intended for Consumers and other users, 18 years old or over.

For the purpose of these General Conditions, Consumer (the “Consumer”) refers to any person that buys the Products and/or Services offered on the Site for personal use; commercial, industrial, craftsmanship or any other professional use is excluded, in accordance to art. 3 of Legislative Decree N. 206 of 6 September 2005 (the “Consumer Code”)

For the purpose of these General Conditions, users who, at the time of the purchase of a Product or Service indicate, when filling the Personal Details form, that they belong to the category “Companies, institutions, VAT registered professionals”, and enter their VAT number (hereafter “Professionals”), are not considered Consumers.

Where no reference is made to the Consumer’s category, the dispositions of these General Conditions apply without distinction to all users who buy IRA3D Products and/or Services via the Site (the “Clients and/or Buyers”).

IRA3D reserves the right to change its General Conditions, without prior notice. Said changes will come into effect on the date they are published on the Site. In the case of orders submitted to IRA3D before the publication of the above mentioned changes, the General Conditions published at the time the sale was completed will apply.

Should you have any questions regarding our General Conditions, please contact our Customer Services Team on +39 0322 862029, between 09.00 h and 18.00 h, from Monday to Friday; alternatively you may send an email to: info@ira3d.com.

IRA3D invites all users to read carefully these General Conditions of Sale before purchasing IRA3D Products and Services, and to print or save a digital copy after the purchase has been completed.

 

2. Order and Contract Completion

The publication on the Site of IRA3D Products and/or Services constitutes an invitation to purchase. Each Order submitted by the Client constitutes a contractual offer (the “Order”) and is conditioned to the acceptance of these General Conditions.

Upon receiving the Order, IRA3D automatically sends the Client a confirmation email containing the Order details and all the information relevant to the purchase, including the details of the product/service requested and its cost, as well as the Client’s personal details and contact details.

All orders are subject to acceptance by IRA3D, who will notify the acceptance or refusal to process the Order as soon as reasonably practicable.

The agreement between the Client and IRA3D will be completed the moment the Client’s Order
is accepted by IRA3D (the “Purchase Agreement”).

For further information about Orders, Clients may contact us on +39 0322 862029, between 09.00 h and 18.00 h, from Monday to Friday (at the cost of a national call); or alternatively send an email to: info@ira3d.com.

 

3. Order Cancellation

IRA3D reserves the right, at its sole discretion, to cancel any Order of Products and/or Services, whether or not the price has been already debited to the Client’s payment card, if: a material error concerning the price or IRA3D Products occurred at the time of their publication on the Site; if the Product is no longer available; or, in the case of Professionals, if their credit ratings or financial history justifies the decision to do so.

If an Order is cancelled after the price has been paid, IRA3D will take all measures to refund the Client in full (or may contact the Client to ask information on how to do so).

4. Prices and Availability

For Orders placed online of by telephone, the price of IRA3D Products and/or Services, any delivery fees and the terms of payment applicable will be those published on the Site at the time the Order was submitted (online of by telephone).

Prices for Consumers include VAT, prices for companies do not include VAT. The VAT will always be shown before confirming the Order.

IRA3D may change the prices published on the Site, without prior notice. For purchases that have been completed before the change of price is published on the Site, but are still in processing, the applicable price is the price that was applicable at the time IRA3D received the Order from the Client.

 

5. Payments and Invoices

Customers may pay for their online purchases using a debit/credit card, PayPal, of bank transfer. When placing an Order, Clients must indicate the method of payment they wish to use. IRA3D reserves the right to implement additional methods of payment to offer to its future Clients. IRA3D payment protocols are safe and secure, to protect the privacy of its Clients.

Clients who choose to pay for the purchase of Products and/or Services with a debit/credit card or PayPal, will be debited the full amount at the time the goods are dispatched.

Clients who choose to pay via PayPal will be redirected to PayPal’s website, where they will complete the transaction and the amount due will be transferred to IRA3D.

Clients who choose to pay via bank transfer will have ten days from the day they placed the Order to make the payment. After ten days without payment, IRA3D will cancel the Order.

Professional Clients may contact our Customer Services Team to agree on the terms of payment applicable. IRA3D may suspend and/or cancel the supply of products or services if the Client does not pay the amounts due.

Invoices may be sent via email, in PDF format, to the address provided in the Order, or by post (the preferred option must be selected at the time the Order is submitted).

 

6. Cancellation Rights

Consumers have the right to cancel the Purchase Agreement, with no penalty and without providing a reason, at any time within 14 days from the product delivery date (“Cancellation Period”). If a purchase is cancelled, the Consumer will be refunded the full price of the product and any delivery charges paid to receive the goods. Only standard delivery charges will be refunded. IRA3D is not required to reimburse additional costs paid by the Consumer to receive the goods via a non-standard delivery method.

To cancel a purchase, Consumers must inform IRA3D and start the cancellation process: (i) by calling the Customer Services Team on +39 0322 862029, between 09.00 h and 18.00 h, from Monday to Friday; or (ii) sending an email to: info@ira3d.com.

Additionally, Consumers may express their desire to cancel a purchase by making any explicit declaration to indicate said decision (“Cancellation Declaration”).

Consumers must inform IRA3D of their intention of cancelling their purchase before the end of the Cancellation Period.

Consumers who submit a Cancellation Declaration, must specify the Order number, the Product(s) for which they are requesting the cancellation and their address.

To prove the cancellation was requested within the Cancellation Period, it is in the Consumer’s interest to save a durable medium of the purchase cancellation communication.

IRA3D will collect the products made available by the Client, including the box and original wrapping, as much as possible, as well as any accessories and freebies received with the product. All software and hardware must be returned unopened and sealed.

Clients must take reasonable care of all products while they are in their possession.

Once IRA3D has verified the integrity of the returned Product, it will refund the full price of the Product and/or Service to the Consumer. The refund will be processed using the details of the debit/credit card provided by the Consumer at the time of the Order, or via bank transfer to the account specified by the Consumer.

As provided by Legislative Decree n, 206 of 06/09/2005, and by art. 55 of the Consumer Code, cancellation rights do not apply to tailor-made or personalised goods, therefore, in this case the purchase of configured 3D printers cannot be cancelled and the printers cannot be returned.

 

7. Product Delivery

Products and Services will be delivered to the address provided by the Client at the time the Order was placed, online or by telephone.

Normally, kits and filaments in stock are dispatched within 2 working days from receiving the payment, unless the product is out of stock.

Standard delivery time for printers is 30 working days, for orders submitted and accepted by 16.00 h (not applicable if IRA3D requires to perform additional checks).

Times are indicative, cannot be guaranteed and are not considered essential.

IRA3D shall not be held responsible for delays or undelivered goods for reasons out of its control, including but not limited to: third-party strikes, terrorism, war, natural disasters, extreme weather conditions (acts of God).

 

8. Guarantee

IRA3D warranty terms differ depending if the product is purchased by a Consumer or a Professional, as defined above, according to the provisions of the Consumer Code. A Consumer who purchases a product for personal use is covered by the legal guarantee of conformity, which IRA3D, as the seller, must offer as provided by art. 130 of the Consumer Code, in the event of lack of conformity of the product (“Legal Guarantee”).

As provided by law, should the Legal Guarantee be applicable, the Consumer shall be entitled to have the goods brought into conformity free of charge by: (i) repair or replacement, alternatively (ii) should this not be possible, to have an appropriate reduction of price or the contract rescinded.

IRA3D, as the seller, shall be liable to the Consumer for any lack of conformity which exists at the time the goods were delivered, where the lack of conformity becomes apparent within two years from the delivery date of the goods. The Consumer must inform the seller of the lack of conformity within two months from discovering it.

As provided by law, except where proven otherwise, it shall be assumed that the defects arising within six months from the delivery of the goods already existed at that time, unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

We recommend that Consumers save the Product’s purchase and delivery receipts, which must be provided when requesting to repair the Product or replace it under the terms of the guarantee. If no delivery receipt or other valid documentation to prove the receipt of the Product is provided, the 2-year period mentioned above will be calculated from the date the Product was purchased.

 

9. Limitation of Liability

Without prejudice to the limits specified by the applicable laws, IRA3D liability for damages derived from the present Purchase Agreement is limited to consequential damages and shall not exceed the value of the Order which caused the damage.

Without prejudice to the limits specified by the applicable laws, in no case any party of this Agreement will be liable for indirect damages, such as loss of profit, missed opportunities, unavailability of the systems, lost or damaged data, and other. This clause sets IRA3D maximum liability in compliance with the admissible limits set by the laws applicable to the single Order.

 

10. Communications and Complaints

For all communications and complaints please contact our Customer Services Team on +39 0322 862029, between 09.00 h and 18.00 h, from Monday to Friday; or send an email to: info@ira3d.com.

 

11. Other Applicable Terms

These General Conditions are subject to the Italian Law and each Purchase Agreement is subject to the jurisdiction of Italian courts.

 

12. Unconscionable Clauses

Pursuant to and in accordance with art. 1341 and 1342 of the Civil Code, the Client confirms reading, understanding and accepting the following clauses, the titles of which are for reference only: art 2 (Order and Contract Completion), 3 (Order Cancellation), 4 (Prices and Availability), 5 (Payments and Invoices), 6 (Cancellation Rights), 7 (Product Delivery), 8 (Guarantee), 9 (Limitation of Liability), 11 (Other Applicable Terms).

 

13. Important Notes

If, for any reason, Clients do not have access to any of the conditions to which these General Conditions refer to, as for example IRA3D Privacy Policy or IRA3D software license, they should contact our Customer Services Team and request a copy.

 

14. Privacy Policy

Privacy policy in accordance with Legislative Decree 196/2003

DATA PROTECTION CODE

Pursuant to and in accordance with the provisions of Legislative Decree n. 196 of 30 June 2003, Data
Protection Code (hereafter “Code”), personal details provided by the CLIENT or acquired by IRA3D shall be processed manually or electronically in compliance with the Code's provisions and all applicable Privacy laws and regulations. IRA3D commits to processing all data and information provided by the CLIENT as confidential and not to disclose it to unauthorised persons, nor to use it for unauthorised purposes. Said data may only be disclosed, upon request, to the judicial authorities and any other authority authorised by the law.
By receiving emails and other communications at the addresses available on the Site, IRA3D will acquire the email address and other details provided by the sender with the purpose of replying to the requests received.

Data Storage

All data acquired shall be used exclusively for the purposes listed below and will be stored only for the necessary time. After this time, all data will be cancelled or transformed into anonymous data. Details regarding purchases and services will be stored for a time that will not exceed the terms established by the applicable laws.

Purpose of Data Processing

Collected data is processed for the following purposes:

  • to register for services offered on the Site;
  • to finalise the purchase of goods and comply with the purchase agreement;
  • to comply with the obligations of the purchase agreement stipulated by the parties and send communications and notifications;
  • to send commercial information, information packs, advertising and promotional materials via all available means (post, email, fax, etc.), subject to the Customer's explicit consent.

Provision of data is mandatory to finalise the purchase agreement, optional in the other cases. Should the CLIENT not provide the data, IRA3D will not be able to process their order.

Subjects to whom the data may be disclosed

Subject to signing a confidentiality agreement, personal details may be disclosed to subjects carrying out activities relevant to the execution of the purchase agreement and for purposes pertinent to said activities.
For example, personal details may be disclosed to:

  • subjects authorised to access data by regulations or laws (ex. Public Authorities);
  • companies and/or collaborators who manage the administrative services required to comply with the contractual or legal obligations;
  • companies or subjects in charge of managing the delivery of the goods.

CLIENT Rights

Client rights are regulated by art. 7 of Legislative Decree  n. 196/2003, and may be exercised by sending a written communication to IRA3D, at the company’s head office. Rights include:

  • the right to know if their personal details are being held by IRA3D;
  • the right to know their personal details’ origin, logic and purpose of processing;
  • the right to update, correct and add information to their personal details;
  • the right to request the cancellation, transformation into anonymous format or to block unlawful processing of their personal details;
  • the right to refuse the authorisation to process their personal details for legitimate reasons.

Data Controller

The Data Controller responsible for collecting and processing personal details is IRA3D, at the company’s head office.

The CLIENT declares to be informed about the provisions in art. 7 and 13 of Legislative Decree n. 196/2003 and accept the personal data processing for the purposes indicated in these General Conditions of Sale.