General terms and conditions 3DInTheBox BV, established in Dilbeek, Itterbeeksebaan 42, Belgium. Version is valid from 01/11/2021.
1.1. These general delivery and sales conditions apply to all offers of 3DINTHEBOX BV, henceforth abbreviated to 3DITB bv, online and in store. The conditions are accessible to everyone and can be found on the website, quotations, orders and invoices of 3DITB bv. We will send you a written copy on request.
1.2. By ordering you acknowledge and agree to the delivery and payment terms. 3DITB bv reserves the right to change these delivery and payment conditions at any time.
1.3. General terms and conditions or contract terms of third parties are not recognized by 3DITB bv, unless this is stated in a written agreement.
1.4. 3DITB bv guarantees that the delivered product will meet the specifications stated in the quotation or the offer on the website, with the exception of art. 3.3.2.
2.1. Delivery takes place while stocks last and the offer is valid.
2.2. In accordance with the Distance Selling Act, 3DITB bv will execute the orders at least within 30 working days. If this is not possible (because of out of stock or not available), or there is a delay caused by various reasons or an order cannot or only partially be executed, the customer will receive a message within one month of ordering. In that case, a private customer has the right to cancel the order without penalty.
2.3. The delivery obligation is fulfilled by 3DITB bv, pending proof to the contrary, as soon as the delivered goods have been offered to the customer once. In case of home delivery, the carrier's report, in case of refusal to accept the gods, will be proof of delivery.
2.4. All terms stated on the website are indicative and are only binding after written confirmation by 3DITB bv.
3.1. The prices of the products are not increased during the term of the offer, except when legal measures require this (e.g. adjustments to VAT, transport costs, etc.) or when the producer increases its prices during the delivery process.
3.2. All prices on the site are subject to publication errors. 3DITB bv is not liable for the consequences of publication errors, therefore an order is made for confirmation for every order via the website. Only the prices, within the time limit, stated on the quotation or order are binding for both parties.
3.3. All prices on the website are in Euros and include 21% VAT.
4. Trial period / right of withdrawal
4.1. According to the law on market practices and customer protection (article 45 et seq.), the private customer has the right to return (or part of) the delivered goods within a period of 14 calendar days, without giving any reason. This period starts at the time of delivery. If the customer wishes to return the goods within 14 calendar days after delivery, he must submit a written request/email to 3DITB bv.
The customer must prove that the goods have been returned on time, for example by proof of postal delivery.
The right to return the products expires when the packaging of consumables has been opened by the customer or the goods have been used. If the return relates to machines (printers, etc.), the right of return lapses in the event of damage, this applies until receipt of the machines at 3DITB bv. The customer is responsible for the return shipment and must pack the returned material sufficiently protected to prevent transport damage . With due observance of the foregoing, 3DITB bv will refund the full amount of the purchase, including delivery costs, within 30 days of receipt. The return and packaging costs when returning the products are fully borne by the customer.
4.2. The right of withdrawal, as described in the previous paragraph, only applies to the delivered goods and not to services, such as telephone costs, training, etc. offered by 3DITB bv. On services, where 3DITB bv only acts as an agent, the general terms and conditions of these third parties apply.
4.3. The right of withdrawal does not apply to:
- if with the consent of the consumer the performance of services has started before the period of 14 calendar days,
- the difference in value of the goods or services whose price depends on fluctuations in the financial markets, which are not under the control of the supplier.
- if the goods are are of a personal nature, or manufactured according to the consumer's specifications.
- goods which by their nature cannot be returned, for example hygienic products or goods that can easily perish.
- audio and video recorders and computer programs where the seal has been broken by the customer.
5. Data management
5.1. If you place an order with 3DITB bv, your details will be included in our customer database. 3DITB bv adheres to the law on personal registration and will not provide your data to third parties.
5.2. 3DITB bv respects the privacy of the users of the website and ensures that your personal data is treated confidentially.
5.3. In some cases, 3DITB bv uses a mailing list. Each mailing contains instructions on how to remove yourself from this list. You can also request your removal from this list at any time by email.
6. Warranty and Conformity
6.1. 3DITB bv guarantees the validity of the products and/or services in the agreement, the specifications mentioned and the legal agreements and government regulations on the date of the agreement. The legal warranty period for private individuals is 2 years, companies 1 year.
6.2. The customer is obliged to check the goods immediately at the time of delivery. If the wrong product has been delivered, is damaged or is incomplete, the customer must inform 3DITB bv in writing/email of these shortcomings, before returning the goods. The term to return incorrectly delivered and damaged products is a maximum of 2 months after delivery, from the day on which the error was discovered, which in principle must be done on the date of delivery. However, if the goods are used after discovery of these imperfections, the right to recovery and return lapses.
6.3. If the customer's claims are accepted by 3DITB bv, 3DITB bv will replace the goods free of charge and a written agreement will be made regarding the compensation, which may never exceed the original invoice amount. The liability of 3DITB bv is limited to the amount of the purchase price of the goods concerned by the customer or to the amount covered by the liability insurance. Any liability for other types of damage is excluded.
6.4. 3DITB bv is not liable for damage caused by intent or caused by recklessness of non-executive personnel.
6.5. This warranty does not apply if:
- the customer is liable towards 3DITB bv,
- the customer has attempted to repair the damage himself or by third parties,
- the delivered goods have been exposed to abnormal conditions (e.g. moisture, heat or freezing cold, etc.) or have been handled carelessly or contrary to the instructions of the manual on/in the packaging,
- the malfunction is the result of government regulations regarding the nature or quality of the materials used.
7. Deals - promos - sales
7.1. All deals are without obligation, unless otherwise stated in the deal.
7.2. When the deal is accepted by the buyer, 3DITB bv reserves the right to change or cancel the offer within a period of 3 working days after receipt of the deal.
7.3. Oral promises are never binding on 3DITB bv, only after they have been confirmed expressly and in writing/email.
7.4. Offers from 3DITB bv do not apply to repeat orders, unless stated in writing.
7.5. 3DITB bv cannot be held responsible for a deal if the customer had to understand that the offer, or part of it, contained an obvious error or slip.
7.6. Recordings, changes and/or other agreements only apply if agreed in writing.
7.7. Refurbished material cannot be refused, nor eligible for an additional discount for damage as these devices were used and the damaged items were stated at the time of sale. Any damage is never of such a nature that it prevents the proper functioning of the device. Consumables sold in sales cannot be returned.
8.1. An agreement between 3DITB bv and a customer is concluded after an order has been found feasible by 3DITB bv and an order form has been drawn up and signed by the customer and has been delivered to 3DITB bv.
8.2. 3DITB bv reserves the right to refuse orders or assignments without stating reasons or to accept them only on the condition that the shipment takes place under payment or cash on delivery.
9. Images and specifications
9.1. All graphics, photos, drawings, etc.; data about weight, size, colour, pictures, etc. on the website of 3DITB bv are indicative and cannot give rise to compensation.
9.2. 3DITB bv assumes that when using images, music, information and/or software, the client is the owner or has obtained permission to use them from the owners in application of copyright law or a duty of confidentiality. It is impossible to check this by 3DITB bv. When signing the quotation or order, for approval, the customer confirms his rights.
10. Force majeure cases
10.1. 3DITB bv is not liable if the agreement cannot be fulfilled due to force majeure.
10.2 Cases of force majeure are all events that take place outside the will of 3DITB bv and that make the execution of the agreement, quotation or order wholly or partly difficult or impossible.
10.3 3DITB bv reserves the right to suspend its obligations in the event of force majeure and has the right to dissolve this agreement/order in whole or in part, or to demand that the conditions of the agreement be amended in order to to make it possible. 3DITB bv is in no way obliged to pay a fine or compensation.
10.4. If the force majeure occurs and if 3DITB bv has already partially fulfilled its obligations or if it can only partially fulfill its obligations, 3DITB bv will be entitled to invoice the services or goods already delivered separately and the customer is obliged to pay this invoice. Pay. However, this does not apply if the part of the agreement/order that has already been delivered has no independent value. In this case, 3DITB bv has the right to reclaim these materials already delivered.
11.1. 3DITB bv cannot be held liable in any way for damage caused by incorrect use of the devices and/or products; as well as damage caused to or by the created print or lasered products, without exception and not only because of defective or unlawful use of the devices of whatever nature. 3DITB bv can never be held liable for defective or poorly functioning products made by the customer himself, whatever these may be.
11.2. The buyer will refrain from claiming any compensation when using software applications, whether or not specially developed for him.
11.3. If, according to the client, a design, be it graphically or software-wise, is not satisfactory, the costs already incurred will be charged. If an error is found in the supplied design, 3DITB bv will inform the customer. He can then repair the error himself or have this done by technicians from 3DITB bv for a fee. This intervention may affect the delivery period and the customer cannot claim financial compensation if this period is extended.
If the work can be continued to the next phase with the client's permission, this will count as approval for both parties of the performance already delivered; if desired, this part can already be invoiced.
11.4. A possibly Exceeding the delivery term can under no circumstances give rise to dissolution of the contract or to a claim for compensation. All studies, designs, programs or models and sketches remain the exclusive property of 3DITB bv.
11.5. 3DITB bv does not give any guarantee whatsoever with regard to discoloration and/or embrittlement of consumables (filaments, production, resin, etc.), irrespective of the technique or application used.
11.6. 3DITB bv can never be held liable for any loss of data or other losses or damage to supplied material such as print-outs of logos, objects, figurines, etc. The customer must insure himself against fire, theft, water damage, involuntary damage to his property as long as this is available to 3DITB bv.
If the customer has objects of any kind scanned, he explicitly gives his permission to use any scanning technique unless he restricts this in writing due to the use of certain light sources.
In the event of data loss, it is considered that the customer has made a backup and does so on its own initiative; for physical objects, the customer must insure himself against fire, theft and breakage.
11.7. Delivered goods or software remain the property of 3DITB bv until the invoice has been settled in full. However, the risk is transferred to the buyer at the time of delivery. This is how every responsibility for 3DITB bv upon delivery of the products and the customer will, if desired, have to insure against fire, breakage, water and transport damage.
12. Retention of title
12.1. All items sold and delivered to the customer remain the property of 3DITB bv as long as the customer has not paid the relevant invoices or has waived the conditions of this or previous agreements or has only partially paid invoices for services provided. As long as all claims, including fines, interests and costs, of 3DITB bv have not been paid, the goods concerned remain the property of 3DITB bv, as stated in Article 3:92 of the Dutch Civil Code.
12.2. The goods delivered by 3DITB bv that are subject to retention of title can only be resold in the context of normal business operations and can never be used as a means of payment. In such a case, 3DITB bv must be notified so that it can respond appropriately (e.g. by conservatory attachment)
12.3. The customer is not authorized to pledge or encumber the goods subject to retention of title and is obliged to declare the property of 3DITB bv by means of a sticker on the goods concerned.
12.4. The customer gives 3DITB bv, or a third party instructed by 3DITB bv, unconditional and irrevocable permission to enter all places where 3DITB bv properties are located.
12.5. When a third party seizes the goods that fall under the retention of title, the customer is obliged to inform 3DITB bv of this event as soon as reasonably possible.
12.6. The customer is obliged to insure these goods and keep them insured against fire, explosion risk or water damage, and against theft and he must be able to make the policy available for inspection at 3DITB bv's first request.
13.1. Unless agreed in writing, all invoices are payable in cash upon receipt. In the event of non-payment, interest will be charged at 1.25% per month, simultaneously with an increase of 15% with a minimum of 45 euros, by way of fixed compensation, and this without notice of default (cf. art. 1152 Civil Code). .
13.2. For orders larger than EUR 300, an advance of 50% of the final amount is always requested. An order must always be approved by the customer by returning it signed to 3DITB bv. Changes are made in mutual consultation and must be recorded in writing.
13.3. If a payment term is stated on the quotation and the order, this is binding for both parties.
14. Applicable law / competent court
14.1. Belgian law applies to all agreements and contracts.
14.2. All differences arising from an agreement between 3DITB bv and the customer, which cannot be resolved by mutual agreement, will be assessed by the competent court of the district of Oudenaarde, Belgium, unless 3DITB bv prefers to adjudicate the difference with the competent court of the customer's place of residence and with the exception of those differences on which the subdistrict court should decide.
14.3. In case of interpretation disputes in a language other than Dutch, the customer is free to engage a translator at his own expense, provided that the Dutch text takes precedence over any translation.