Terms and conditions of sale: ask for Omni3D offer

The Omni3D online store is run by OMNI3D Spółka z ograniczoną odpowiedzialnością with its registered seat in Poznań, ul. Św. Michała 43, 61-119 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register, under KRS number 0000464678, with NIP number 7831700117, REGON number 30245103900000

§1
General provisions

1. Definitions:

Seller – OMNI3D Spółka z ograniczoną odpowiedzialnością with its registered seat
in Poznań, ul. Św. Michała 43, 61-119 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register, under KRS No. 0000464678, with NIP No. 7831700117, REGON No. 30245103900000.
Buyer – any entity making purchases through the Store.
Consumer – a natural person concluding a contract with the Seller through the Store, the subject of which is not directly related to his/her business or professional activity.
Entrepreneur – A natural person, a legal person and an organizational unit referred to in Article 331 of the Civil Code, conducting a business or professional activity on its own behalf.
Regulations – these regulations of the Store.
Website – the website available at https://omni3d.com/ pl/zapytaj-o-oferte/.
Order – the Buyer’s statement of intent accepting the Seller’s proposal made during negotiations and aiming directly at concluding a Sales Agreement with the Seller.
Order Form – a form available on the Website that allows to submit an inquiry in order to start negotiations aimed at placing an Order.
Product – a movable item that is the subject of a Sales Agreement between the Buyer and the Seller that is in the Seller’s offer.
Goods with digital elements – goods containing or connected to digital content or digital service in such a way that the absence of digital content or digital service would prevent its proper functioning.
Digital content – data produced and delivered in digital form
Digital service – a service that allows the consumer to:
Producing, processing, storing or accessing data in digital form,
Shared use of data in digital form that has been transmitted or produced by the consumer or other
users of this service, other forms of interaction by means of data in digital form
Sales Contract – a contract of sale of a Product concluded between the Buyer and the Seller through the Online Store.
User – an entity using the Website, for which services may be provided electronically, or with which a Sales Agreement may be concluded.
Civil Code – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93 as amended).
Act on Providing Services by Electronic Means – Act of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws of 2020, item 344.).

2. Through the Service, the Seller provides a service that allows placing an Order for a Product.

3. The Seller undertakes to provide the Services continuously and uninterruptedly. At the same time, the Seller reserves the right to temporarily stop providing the Services due to maintenance activities or related to modification of the Website. The Seller will inform Users of temporary discontinuation of the Services for the above reasons by means of a message posted on the Website.

§2
Contact with the seller

Seller’s address: 43 Św. Michała St., 61-119 Poznań
Seller’s e-mail address: sklep@omni3d.com
Seller’s phone number: 61 666 12 34
Seller’s bank account number: 04 2490 0005 0000 4530 4888 9950

§3
Technical requirements necessary to use the service

1. In order to use the Service, including placing orders for Products, it is necessary:

a. A terminal device capable of generating the Website, with access to the Internet and a working web browser;

b. an active electronic mail (e-mail) account;

c. cookies enabled;

d. FlashPlayer installed.

2. The Seller informs that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Users’ data by unauthorized persons, so Users should use appropriate technical measures to minimize the risks indicated above.

3. Users are obliged not to provide illegal content or content that does not comply with generally applicable laws through or to the Website. The Vendor reserves the right to discontinue the Services if the User fails to comply with the Terms and Conditions.

§4

Functionality and compatibility and interoperability of goods with digital elements, digital content and digital services

1. Functionality of goods with digital elements, digital content and digital services:

Digital content or services are provided in Polish. Only the software is in English; however, it has the option of partial translation into Polish, Chinese, Czech, Dutch, French, German, Italian, Japanese, Korean, Portuguese, Russian, Spanish and Turkish;
access to the 3D model library is online;
Seller allows multiple software downloads;
Seller undertakes to update goods with digital elements, digital content and digital services excluding software. Software is updated by the manufacturer;
most goods with digital elements, digital content provided and digital services provided require an Internet connection for proper operation;
use of goods with digital elements, digital content and digital services depends on having Windows 7 64 – bit or higher software;
A computer with a multi-core processor is recommended to use goods with digital elements, digital content and digital services. A minimum of 4GB of RAM is required (8GB or more recommended)

2. Compatibility and interoperability of goods with digital elements, digital content and digital services:

software – OmniSuperSlicer is only compatible with computers running Windows 7 64bit or higher, with a minimum of 4GB of RAM and a graphics card that supports OpenGL 2.0 or higher. The software does not work on a smartphone. The application was developed for Windows 7 64bit or higher, which smartphones do not have. The software does not use protection measures such as DRM;
instructional videos, training courses are made available through the Youtube website. They are made available only to Buyers and further transmission is prohibited. The Buyer may download them repeatedly;
3D model library – 3D models are compatible on Windows, but they can also be displayed on a smartphone. The models are not made available to the public. The buyer can use them only after logging in to the Store website.

§5
Placing an Order

In order to place an Order, you must:

send an inquiry via the Order Form available on the website https://omni3d.com/pl/ in the „Ask for Quote” tab, or by directing the inquiry to: sale@omni3d.pl together with along with a statement that you have read and accept the Terms and Conditions;
the content of the inquiry should include the Buyer’s e-mail address and optional phone number, the subject of the message and a description of the Product in which the Buyer is interested;
The Seller shall respond to the submitted inquiry within 2 days by sending a proposal to the Buyer’s e-mail address indicated in the Order Form or to the e-mail address from which the inquiry was sent;
The order is placed by the Buyer upon acceptance of the proposal presented by the Seller. Acceptance of the proposal takes place in the form of electronic correspondence by means of a confirmation reply to the e-mail address from which the proposal was received.
Acceptance of subject to an additional condition shall be considered a subsequent request for proposal and requires submission of a new proposal and its renewed acceptance;
if payment by wire transfer to the Seller’s bank account is selected, the Order must be paid in accordance with the terms of the contract or invoice. Failure to pay the Order will result in termination of the Sales Agreement. The Buyer may also choose to pay for the Order by cash on delivery or payment upon personal collection.

Placing an Order constitutes an offer to conclude a Sales Agreement for the ordered products
within the meaning of Article 71 of the Civil Code.
After placing an Order, the Seller confirms acceptance of the Order for execution within 48 hours of its receipt.
The conclusion of the Sales Agreement between the Buyer and the Seller takes place at the moment of confirmation by the Seller of acceptance of the Order for execution by sending by the Seller to the Buyer an appropriate e-mail message to the e-mail address provided during the placement of the Order. Failure to confirm acceptance of the Order for execution means that the contract of sale is not concluded.

§6
Cost, methods and time of delivery and collection of the product

Delivery of the Product to the Buyer is against payment, unless the Sales Contract states otherwise. Delivery costs of the Product are indicated to the Buyer before placing the Order.
The Seller provides the Buyer with the following delivery methods:
a. courier delivery on the territory of Poland;
b. courier delivery within the European Union;
c. personal collection at the Seller’s registered office, the address of which is indicated in §2 from Monday to Friday from 8:00 a.m. to 4:00 p.m.
Delivery of the Products takes place within the European Union and in some countries outside the Union.
Personal collection by the Buyer is free of charge.
The delivery date of the Product is specified in the contract or invoice.
The Seller will send to the Buyer’s e-mail address indicated in the Order Form or to the address from which the inquiry was sent, confirmation of Product shipment or confirmation of preparation of the Product for collection at the Seller’s premises.

§7
Methods and terms of payment for the product

The Seller provides the Buyer with the following methods of payment under the sales contract:
-payment in cash upon receipt of shipment;
-payment by bank transfer to the Seller’s bank account.
Payment term:
– if the Buyer chooses to pay by wire transfer to the Seller’s bank account, the Buyer is obliged to make payment in accordance with the deadlines contained in the Sales Agreement. Failure to pay the Order shall result in termination of the Contract;
– if the Buyer chooses to pay by cash, the Buyer shall be obliged to make payment upon receipt of shipment.

§8
Withdrawal from the contract

A Consumer and an individual concluding an agreement directly related to his/her business activity, when the content of the agreement indicates that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity, may withdraw from the Sales Agreement within 14 days without providing any reason, subject to Section 3.
The period specified in paragraph 1 starts from the date of delivery of the Product to the Consumer or the natural person described in paragraph 1 or a person other than a carrier indicated by them, or from the receipt of the Product at the Seller’s stationary store.
The right to withdraw from a Sales Agreement concluded off-premises or at a distance does not apply to products indicated in Article 38 of the Consumer Law Act of May 30, 2014. (Dz.U.2020.287).
A consumer or an individual described in paragraph 1 may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement on a sample form attached to these Regulations. The consumer or natural person described in paragraph 1 may use the sample form, but it is not mandatory.
The statement may be sent by traditional mail, electronically or submitted in writing at the Seller’s stationary store – the Seller’s contact details are indicated in §2. To meet the deadline for withdrawal from the Agreement it is sufficient to send the statement before the expiry of the deadline indicated in paragraph 1 of this section.
Effects of withdrawal from the Agreement:

In case of withdrawal from the Sales Agreement, the Agreement is considered not concluded;
The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the statement of withdrawal from the Agreement, return to the consumer or natural person described in paragraph 1 all payments made, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer or the natural person described in paragraph 1, unless the consumer or the natural person described in paragraph 1 has expressly agreed to a different method of refund that does not involve any costs for the consumer. If the Seller has not offered to take back the Product from the consumer or the natural person described in paragraph 1 itself, the Seller may withhold reimbursement of payments received from the consumer or the natural person described in paragraph 1 until the Consumer or the natural person described in paragraph 1 has received the Product back or the Consumer or the natural person described in paragraph 1 has provided proof of its return, whichever event occurs first;
The consumer or the natural person described in paragraph 1 should send back the unused Product to the Seller’s address specified herein immediately, no later than 14 days from the date on which he or she withdrew from the contract, unless the Seller offered to take back the Product himself or herself. To meet the deadline it is sufficient to send back the Product before its expiration. The cost of return shipment shall be borne by the Consumer or the natural person described in paragraph 1. The Consumer or the natural person described in §7 paragraph 1 may also return the Product in person at the stationary store at the address indicated in §2;
The Consumer or the natural person described in paragraph 1 shall be liable only for the diminished value of the Product resulting from the use of the Product in a manner other than necessary to ascertain the nature, characteristics and functioning of the Product.

§9
Complaint

Paragraphs 1 through 8 are applicable only to consumers and natural persons entering into a contract directly related to their business activity, when the content of the contract shows that it does not have a professional character for these persons, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
The Seller shall be liable for the conformity of the Product with the contract. In case of non-conformity of the Product purchased from the Seller, the Buyer has the right to make a complaint based on the provisions of Chapter 5a of the Act of May 30, 2014 on Consumer Rights.
The Seller is responsible for the conformity of the digital content or digital service with the contract.
If the digital content or digital service does not comply with the contract, the Buyer has the right to make a complaint based on the provisions of Chapter 5b of the Law of May 30, 2014 on Consumer Rights.
Complaint can be sent by traditional mail, email or submitted in writing at the seller’s stationary store – the seller’s contact details are indicated in §2.
The complaint should contain at least the name and surname of the Buyer, a description of the objections to the purchased product, the proposed method of resolving the complaint. In order to facilitate the consideration of the complaint, the Buyer may attach a photograph documenting the defect in the Product. The requirements given in this paragraph are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
The Seller shall recognize the complaint within 14 days from the date of its receipt and inform the Buyer about further proceedings. If the Seller does not respond to the request within the above period, it is considered that he recognized it as justified.
Non-conforming Products returned under the complaint procedure should be delivered to the Seller’s address specified in § 2. The cost of delivery of the Product shall be borne by the Seller.
Complaint procedure rules for the provision of electronic services:

The seller shall take steps to ensure fully correct operation of the Website, to the extent that results from the current technical knowledge, and undertakes to remove any irregularities that have been appropriately reported by the User or Buyer within a reasonable period of time;
a complaint may be sent by traditional mail, electronically (data indicated in §2 of the Terms and Conditions) or submitted in writing at the seller’s stationary store ;
the complaint should be submitted no later than within 7 days from the day on which the User or Buyer found defects or interruptions in the provision of services electronically through the Website.
The seller recognizes the complaint within 14 days from the date of its receipt and informs the complainant of further proceedings. If the complaint cannot be considered within this time, the seller shall notify the reasons for the delay and the expected date for consideration of the complaint.
The date of filing a complaint is considered the date of receipt of the complaint by the Seller.
The complaint should include at least:

-designation of the complainant;
– correspondence address or e-mail address;
– a brief description of the irregularity giving rise to the complaint;
– date of occurrence of the irregularity

The complainant will be informed of the result of the complaint processing in the manner in which the complaint was submitted, i.e. at the mailing address or at the e-mail address indicated in the application.

§10
Regulations for Entrepreneurs

This section of the Terms and Conditions and the provisions contained therein apply only to non-consumer Customers.
The Seller’s liability under warranty for the Product towards the non-consumer Customer is excluded. The Seller’s liability under warranty is not excluded in relation to an individual who concludes an agreement directly related to his/her business activity, when it follows from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
As soon as the Seller releases the Product to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss of or damage to the Product pass to the Buyer who is not a consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Buyer, as well as for the delay in transportation of the shipment.
Any disputes between the Seller and the Customer, who is not a Consumer at the same time, shall be submitted to the court having jurisdiction over the seat of the Seller.

§11
Out-of-court means of redress

The consumer has the opportunity to use out-of-court means of handling complaints and claims. Among other things, the consumer has the opportunity to:
– turn to a permanent amicable consumer court with a request to resolve a dispute arising from the concluded Sales Agreement;
– use the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection
For more detailed information on out-of-court methods of handling complaints and pursuing claims, the Consumer can look for at https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

§12
Terms of service

The Seller undertakes to provide the Services to the extent and under the conditions set forth in these Regulations.
In particular, the User is obliged to:
– use the services offered by the Seller in a manner consistent with the provisions of commonly applicable law and the provisions of these Regulations;
– not to provide by or to the Site unlawful content, inconsistent with generally applicable laws and other content that violates the welfare of third parties or harms the legitimate interests of the Service Provider;
– comply – in the case of use of content posted within the Site – with the provisions of the Law on Copyright and Related Rights.
The Seller undertakes to provide the Services on a continuous and uninterrupted basis. At the same time, the Seller reserves the right to temporarily discontinue the provision of Services due to maintenance activities related to modification of the Website or for other reasons beyond the Seller’s control. The Seller will inform Users of the temporary cessation of services for the above reasons by means of a message posted on the Website.

§13
Final provisions

Contracts concluded through the Online Store are concluded in the Polish language.
The Regulations are subject to Polish law.
The content of the Regulations is made available to the Users of the Website free of charge, without any time limits.
The Seller reserves the right to make changes to the Regulations for important reasons. The Seller will inform about each change at least 14 days in advance.
Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code;
Act on Provision of Electronic Services; Act on Consumer Rights.
The User of the Website is obliged to use the Website in a manner consistent with the law and good morals, taking into account respect for personal rights and copyrights and intellectual property rights provided on the Website and of third parties, as well as not to provide content of an unlawful nature.
The Rules and Regulations shall enter into force on 24.02.2023.

WITHDRAWAL DECLARATION