Omni3D online store, available at the following Internet address: omni3d.com/shop/en is run by OMNI3D Spółka z ograniczoną odpowiedzialnością, based in Poznań, at 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/VAT number 7831700117, REGON number 30245103900000.
§1 General Provisions
1 Definitions:
a. Seller – OMNI3D Spółka z ograniczoną odpowiedzialnością with its registered office 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, holding NIP number 7831700117, REGON number 30245103900000
b. Buyer – any entity making purchases through the Store.
c. Consumer – a natural person concluding a contract with the Seller through the Store, the subject of which is not directly related to its economic or professional activity.
d. 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.
e. User – Consumer or Entrepreneur to whom electronic services may be provided or with whom a Sales Agreement may be concluded.
f. Shop – online store operated by the Seller at the Internet address omni3d.com/shop/en
g. Regulations – these regulations of the Store.
h. Standard Order – a declaration of will of the Buyer submitted via the Standard Order Form and aimed directly at concluding a Sales Agreement with the Seller.
i. Custom Order – a declaration of will of the Buyer accepting the Seller’s proposal made during negotiations and aiming directly at concluding a Sales Agreement with the Seller.
j. Standard Order Form – an interactive form available in the Store that allows the submission of a Standard Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
k. Custom Order Form – a form available on the Store’s website that allows the submission of an inquiry to initiate negotiations aimed at placing a Custom Order.
l. Shopping Cart – an element of the Store’s software in which the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the details of a Standard Order, in particular the quantity of products.
m. Product – a movable item available in the Store which is the subject of a Sales Contract between the Buyer and the Seller.
n. 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.
o. digital content – data produced and delivered in digital form
p. Digital service – a service that allows the consumer to:
- Production, processing, storage or access to data in digital form,
- sharing of digital data that has been transmitted or produced by the consumer or other
- users of this service, other forms of interaction through digital data.
q. Sales Contract – a contract of sale of a Product concluded between the Buyer and the Seller through the Online Store.
r. 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.).
s. User – a Consumer or Entrepreneur to whom electronic services may be provided or with whom a Sales Agreement may be concluded.
2. the Seller shall provide the following Services:
a. getting acquainted with the offer of the Seller’s Products
b. sale of Products;
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 Store. The Seller will inform Users of the temporary discontinuation of Services for the above reasons by means of a message posted on the Store.
§2 Contact with the Store
1) Seller’s address: 43 Św. Michała St., 61-119 Poznań
2. e-mail address of the Seller: sklep@omni3d.com
3. phone number of the Seller: 61 666 12 34
4. the Seller’s bank account number: 04 2490 0005 0000 4530 4888 9950
§3 Technical requirements necessary to use the site
(1) In order to use, including browsing the Store’s assortment and placing orders for products, it is necessary to:
a. device with access to the Internet and a web browser such as Internet Explorer version 10.0 and higher, Google Chrome version 23.0. and higher, Mozilla Firefox version 17.0 and higher , Opera version 12.0 and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher;
b. an active electronic mail (e-mail) account;
c. cookies enabled.
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 by or to the Website content that is unlawful or inconsistent with generally applicable laws. 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:
a. digital content or services are provided in Polish. Only the software is in English, however, it has the possibility of partial translation into Polish, Chinese, Czech, Dutch, French, German, Italian, Japanese, Korean, Portuguese, Russian, Spanish and Turkish;
b. access to the 3D model library is online;
c. The vendor allows multiple downloads of the software;
d. Seller agrees to update goods with digital elements, digital content and digital services excluding software. Software shall be updated by the manufacturer;
e. most goods with digital elements, digital content provided, and digital services provided require an Internet connection for proper operation;
f. the ability to use digital goods, digital content and digital services depends on having Windows 7 64 – bit or higher software;
g. 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:
a. Software – OmniSuperSlicer is only compatible with computers running Windows 7 64bit or higher, with a minimum of 4GB of RAM and a graphics card supporting 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;
b. 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;
c. 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
1. In order to place a Standard Order, you must:
a. select the Product that is the subject of the Order, and then click the “add to cart” or “select option” button, and then select one of the available options of the Product to be purchased and click “add to cart”;
b. proceed to the shopping cart;
c. apply the discount coupon, if the Buyer has such a coupon;
d. select the method of delivery of the Product, calculate shipping costs (optional), and then proceed to checkout;
e. fill out the Standard Order Form by entering the data of the recipient of the Order, the address to which the Product is to be delivered, if the method of delivery by courier has been selected, the e-mail address and Tax Identification Number, if a VAT invoice is to be issued for the purchase, and select the type of shipment (method of delivery of the Product) and then select the method of payment;
f. click the “buy and pay” button;
g. pay for the order via PayU service or by making a transfer to the Seller’s bank account, if you have not chosen the payment method of cash on delivery or payment upon personal collection. If payment by wire transfer to the Seller’s bank account is selected, the order must be paid within 24 hours of the conclusion of the contract. Failure to pay the Standard Order will result in termination of the Agreement.2. To place a Custom Order, you must:
- select the product that is the subject of the Order, and then click “ask for a quote”
- make an inquiry via the Custom Order Form available on the Store’s website
- the inquiry should contain at least the name and surname or name of the Buyer, e-mail address and indication of the product in which the Buyer is interested
- The Seller will respond to the submitted inquiry within 2 days by sending a proposal to the Buyer’s e-mail address indicated in the Custom Order Form.
- The Custom Order is placed by the Buyer upon acceptance of the proposal submitted by the Seller. Acceptance of the proposal must be in writing.
- If payment by bank transfer to the Seller’s bank account is selected, the order must be paid within 24 hours of the conclusion of the contract. Failure to pay a Custom Order will result in termination of the Contract. The Buyer may also choose the method of payment of the Custom Order by cash on delivery or payment at personal collection.
- Placing a Standard or Custom Order constitutes an offer to conclude a Sales Agreement for the ordered products within the meaning of Article 71 of the Civil Code.
- Once the Order is placed, the Seller shall confirm acceptance of the Order for execution within 48 hours of its receipt.
3. The conclusion of the Sales Agreement between the Buyer and the Seller shall take place at the moment of confirmation by the Seller of acceptance of the Standard or Custom Order for execution by sending by the Seller to the Buyer a relevant 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 date of delivery and collection of the Product
1. delivery of the Product to the Buyer is chargeable, unless the Sales Contract states otherwise. Delivery costs of the Product are indicated to the Buyer before placing the Order.
2. the Seller provides the Buyer with the following methods of delivery:
a. Courier delivery on the territory of Poland;
b. Courier shipment on the territory of the European Union;
c. Personal collection in the Seller’s stationary store, the address of which is indicated in §2 from Monday to Friday from 8:00 to 16:00.
3. delivery of the Products shall take place within the European Union.
4. personal collection by the Buyer is free of charge.
5. the delivery date of the Product is up to 30 days from the date of conclusion of the Sales Agreement, unless otherwise agreed by the Parties. In the case of products with different delivery dates, the delivery date is the longest date given. The beginning of the Product delivery period is calculated from the date of conclusion of the Sales Agreement.
(6) The Seller shall send to the Buyer’s e-mail address indicated in the Standard or Custom Order Form, confirmation of shipment of the Product or confirmation of preparation of the Product for collection at the Seller’s stationary store.
§7 Methods and terms of payment for the product
(1) The Seller shall make available to the Buyer the following methods of payment for the sales contract:
a. payment by cash or card on delivery upon receipt of the shipment;
b. payment in cash upon personal collection;
c. electronic payment through PayU service;
d. payment by bank transfer to the Seller’s bank account.
2 Payment term:
a. If the Buyer chooses cash-on-delivery payment upon delivery of the shipment or upon personal collection, the Buyer shall be obliged to make payment upon delivery of the shipment.
b. If the Buyer chooses electronic payment through PayU service, the Buyer is obliged to make payment at the time of placing the Order.
c. If the Buyer chooses payment by bank transfer to the Seller’s bank account, the Buyer is obliged to make payment within 24 hours of the conclusion of the contract.
d. Failure to pay for a Standard or Custom Order shall result in termination of the Contract.
§8 Withdrawal from the contract
1. A consumer and a natural person who enters into an agreement directly related to his/her business activity, when the content of the agreement shows 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 of the Central Register and Information on Business Activity may withdraw from the Sales Agreement within 14 days without giving any reason, subject to paragraph 3.
2. In the case of withdrawal from an agreement for the provision of digital content or digital service, the entrepreneur, from the date of receipt of a statement of the consumer or an individual who concludes an agreement directly related to his/her business activity, when the content of the agreement shows 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 – about withdrawal from the agreement, may not use content other than personal data provided or created by the consumer during the use of digital content or digital service provided by the entrepreneur, with the exception of content that:
a. are useful only in connection with the digital content or digital service that was the subject of the contract;
b. relate exclusively to the activity of the consumer or an individual entering into a contract directly related to his/her business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject matter of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity in the course of using the digital content or digital service provided by the trader;
c. have been combined by the trader with other data and cannot be separated from them or can be separated only with disproportionate effort;
d. have been created by a consumer or a natural person who enters into a contract directly related to his business activity, when it is clear from the content of this contract that it does not have a professional character for this person, arising in particular from the object of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity jointly with other consumers who can still use them.
3. With the exception of the cases referred to in paragraph (1) a-c, the trader shall, at the request of the consumer, make available to the consumer content other than personal data that was provided or created by the consumer in the course of using digital content or digital service provided by the trader. A consumer or a natural person who enters into a contract directly related to his business activity, when the content of the contract shows that it does not have a professional character for that person, arising in particular from the subject matter of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity, has the right to recover digital content from the entrepreneur free of charge, without hindrance from the entrepreneur, within a reasonable time and in a commonly used machine-readable format. In the event of withdrawal from the contract, the trader may prevent the consumer from further use of the digital content or digital service, in particular, by preventing the consumer or an individual who enters into a contract directly related to his or her business activity, when the content of the contract shows that it does not have a professional character for that person, arising in particular from the from the subject matter of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity to access digital content or digital service, or by blocking the user’s account.
4. The period specified in paragraph (1) shall start 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 collection of the Product at the Seller’s stationary store.
(5. The right of withdrawal from the Sales Agreement concluded off-premises or at a distance shall not apply to the products indicated in Article 38 of the Consumer Law Act of May 30, 2014. (Journal of Laws 2020.287), in particular with regard to the provision of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the entrepreneur has started the performance with the express and prior consent of the consumer, who was informed before the start of the performance that after the performance by the entrepreneur will lose the right to withdraw from the contract and confirmed receipt of such information.
(6. The consumer or natural person described in paragraph 1 may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement on the sample form attached to these Regulations. The consumer or natural person described in §7 paragraph 1 may use the sample form, but it is not mandatory.
(7. 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.
(8. In the case of withdrawal from the contract for the provision of digital content or digital service, a consumer or an individual who enters into a contract directly related to his business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity, is obliged to stop using this digital content or digital service and making it available to third parties.
9 Effects of withdrawal from the Agreement:
a. In the event of withdrawal from the Sales Agreement, the Agreement shall be considered not concluded;
b. 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 individual 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 collect the Product from the consumer or the natural person described in §7.1 itself, the Seller may withhold reimbursement of payments received from the consumer or the natural person described in paragraph 1 until it receives the Product back or the consumer or the natural person described in paragraph 1 provides proof of its return, whichever event occurs first.
c. 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 has offered to collect the Product himself or herself. To meet the deadline it is sufficient to send back the Product before its expiration. The cost of return shipping shall be borne by the Consumer or natural person described in paragraph 12. The Consumer or natural person described in paragraph 1 may also return the Product in person at the stationary store at the address indicated in §2.
d. The consumer or 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
(1) The provisions of this paragraph shall apply only to consumers and individuals entering into an agreement directly related to their business, when the content of the agreement 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 of the Central Register and Information on Business Activity.
(2) The Seller shall be responsible for the conformity of the Product with the contract. In the 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.
(3) The Seller shall be liable for the conformity with the contract of the digital content or digital service.
(4) In case of non-conformity of digital content or digital service with the contract, the Buyer shall have the right to make a complaint based on the provisions of Chapter 5b of the Law of May 30, 2014 on Consumer Rights.
(5) Complaint may 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.
(6) The complaint should include 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.
(7) The Seller shall recognize the complaint within 30 days from the date of its receipt and inform the Buyer of further proceedings. If the Seller does not respond to the request within the above period, it is considered that he recognized it as justified.
(8) Products inconsistent with the contract 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.
9. the principles of the complaint procedure for the provision of electronic services:
a. Seller shall take steps to ensure the fully correct operation of the Store, to the extent that results from current technical knowledge, and undertakes to remove within a reasonable period of time irregularities that have been properly reported by the seller;
b. In the 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 the Act on the provision of electronic services.
c. 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 ;
d. a complaint should be submitted no later than 7 days from the date on which the User or Buyer found defects or interruptions in the provision of electronic services through the Website.
e. the date of filing a complaint shall be the date on which the complaint is received by the Seller.
f. the complainant will be informed about the result of complaint consideration in the manner in which the complaint was submitted, i.e. to the mailing address or e-mail address indicated in the application.
§10 Provisions for Entrepreneurs
(1) This section of the Terms and Conditions and the provisions contained herein apply only to non-consumer Customers.
(2) The Seller’s liability under warranty for the Product to a Customer who is not a consumer is excluded. The Seller’s liability under warranty is not excluded in relation to a natural person who concludes an agreement directly related to his/her business activity, when the content of this agreement shows 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.
(3) At the moment of release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss of or damage to the Product are transferred 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 and for the delay in transportation of the shipment.
(4) 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
(1) The Consumer has the opportunity to use out-of-court ways of dealing with complaints and claims. Among other things, the consumer has the opportunity to:
a. apply to a permanent amicable consumer court with a request to resolve a dispute arising from the concluded Sales Agreement;
b. use the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
(2) More detailed information on out-of-court ways of dealing with complaints and claims, the Consumer can look for at: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
§12 Final provisions
(1) Contracts concluded through the Online Store are concluded in the Polish language.
(2) The Seller reserves the right to make changes to these Terms and Conditions for important reasons, that is: changes in laws, changes in methods of payment and delivery – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Buyer about each change at least 14 days in advance
(3) Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Law on Provision of Electronic Services; Law on Consumer Rights.