GENERAL TERMS OF SALE AND TERMS OF SERVICE
1) VALIDITY OF THE GENERAL CONTRACTUAL CONDITIONS AND PARTS.
1.1 These General Terms and Conditions of Sale apply to all sales made by Blue Series Srl, located in Via Piane Tronto, 64010 Controguerra (TE), certified email [email protected], email [email protected], are published on the website of the Seller www.niuo3d.com (brand partner of Blue Serie Srl) and are considered known and accepted by the Buyer upon submission of the request/pre-order, in accordance with the procedure provided in the following art. 2.
1.2 The sale shall be governed exclusively by these General Terms and Conditions of Sale and in no case shall any other provisions or provisions of any nature, affixed to documents sent by the Buyer or otherwise made known, which have not been expressly approved in writing by the Seller, be considered applicable.
1.3 The Seller reserves the right to modify the content of the aforementioned general terms and conditions of sale at any time and without prior notice.
2) OFFER AND ACCEPTANCE
2.1 This document contains the terms and conditions relating to all transactions that may be carried out through the aforementioned website or directly with the seller.
2.2 The Buyer may submit requests for quotes, pre-orders and/or orders through the website by requesting a quote, or by email.
2.3 The Buyer undertakes to provide complete data for all parties involved in the transaction. This includes any end users, if different from the purchaser, as well as banks and/or third-party beneficiaries.
2.4 It is understood that with the online order, the Buyer will be responsible for the information entered incorrectly or incompletely (in particular the address of the recipient) that may cause errors in the fulfillment of the order itself (especially in delivery).
2.5 Likewise, if the Buyer submits a purchase offer, the Seller will not be bound until a written order confirmation is sent or the production order is carried out.
2.6 The offer/quote/pre-order issued by the Seller is valid for the calendar day on which it is issued, unless otherwise communicated by the Seller to the Buyer.
2.7 The Buyer retains the right to accept, modify or cancel requests for quotes/orders/pre-orders up to check out according to the model/file uploaded/service
requested. Changes or cancellations of the order after payment/check out will not be accepted under any circumstance.
2.8 The Buyer is aware of the fact that the Seller may not directly manage the request for the service and the production of what was agreed upon, but may assign it to experienced manufacturers in possession of knowledge and equipment suitable for the purpose (hereinafter referred to as “Partners”). This applies both to construction and to the quotation process.
2.9 The Seller has the right to assign production to several different Partners in order to complete an order. The Seller is not obliged to inform the Buyer of the matter. The Buyer agrees that the production process may be carried out by the Partners. The files provided by the Buyer at the time of the request may be shared with the Partners.
2.10 The Seller and/or Partners may modify the technical details of the drawings and files provided by the Buyer to the extent necessary for the commissioned production.
2.11 The start of production is contingent to the payment of the balance by the Buyer.
3) PRICES AND CONDITIONS
3.1 Unless otherwise agreed, all sales prices, including shipping costs, are quoted and all payments must be made in Euros and are to be understood as excluding VAT, which will be calculated subsequently during the order process.
3.2 Payments can be made via VISA, MASTERCARD, AMERICAN EXPRESS or bank transfer to the following IBAN IT61 Y030 6976 9601 0000 0003 73 in favor of Blue Series S.r.l.
3.3 Pursuant to EU Omnibus Directive no. 2019/2161 of 27 November 2019 (European regulations for consumer protection), with regard to services that can be accessible through an automatic quote system, the selling price is calculated by an algorithm, constantly updated and optimized to obtain the best price and ensure maximum efficiency and competitiveness of the service.
3.4 The buyer hereby acknowledges the possible cost variations due to periodic optimizations of the product taking into account materials, finishes and variations not attributable to seasonality or specific events.
3.5 In the interest of transparency and consumer protection, the price indicated in the estimate at the time of the order is valid, except in the case of the seller’s right to amend it, if found to incorrect due to system inefficiencies.
3.6 By accepting the quote, the Buyer declares to have reviewed and accepted in full the offer, the product specifications and the general terms and conditions of the contract in all its parts. The Buyer also declares that he has not entered false or fictitious data in the order form, and that the data entered corresponds to his real personal and tax information, also in relation to their status as “consumer”. The Buyer acknowledges that in the event of false declarations, they will assumes the related criminal and civil consequences provided for by law.
3.7 The obligations undertaken by the Buyer in this contract are essential for the Seller, who reserves the right, in the event of non-compliance with one of the aforementioned obligations, to terminate the contract, without prejudice to any right to compensation for damages.
4) TAXES AND CUSTOMS CHARGES.
4.1 The buyer shall bear all rights, excise duties and other taxes, as well as customs charges, that may arise from shipment to delivery.
5) DELIVERIES/SHIPMENTS – Risk of Loss
5.1 Unless otherwise agreed in writing, all parts are shipped for EXW / ex-works delivery within the European Union from the headquarters of the Seller Blues Series Srl or other locations indicated and/or appointed by the Seller. The Buyer assumes all risks associated with the transport and transit of the goods.
5.2 The quote will detail the production and shipping times, which will vary depending on the type and quantity of the products ordered.
5.3 After shipment, the Buyer will receive the appropriate e-mail containing tracking code and updates on the shipment.
5.4 For reasons of safety and guarantee in transport, the courier is selected and appointed exclusively by the Seller at its sole discretion, unless otherwise agreed.
5.5 The Seller assumes no responsibility for delays in delivery, even those not due to force majeure or unforeseen circumstances.
5.6 The shipment will be at the risk of the Buyer, who will be responsible for all duties, expenses and taxes of customs clearance, storage and/or delays occurring in the country of destination.
5.7 The shipping terms will take effect from the date on the order confirmation, upon receipt of all the necessary information for the fulfillment of the supply, and after the payment of the order.
6) CUSTOMER PRECAUTIONS
6.1 Upon delivery of the goods by the courier, the Buyer is obliged to check:
• That the number of packages delivered corresponds to what is indicated on the transport document;
• That the packaging is intact, undamaged, or otherwise altered, even in the sealing materials.
6.2 Any damage to the packaging and/or the product, or any discrepancies in the number of packages or indications must be reported immediately, affixing the words “WRITTEN 4 RESERVATION FOR INSPECTION” on the Courier’s proof of delivery. Once the Courier’s document has been signed, the Buyer may not oppose any objection regarding the external characteristics of what has been delivered.
6.3 Any problems relating to the physical integrity, conformity or completeness of the products received must be reported within 8 days of delivery, in accordance with the procedures set out in this document.
7) MODELS FOR THERMOFORMING.
7.1 The “models for thermoforming” or 3D prints are made by the Seller upon specific request of the customer.
7.2 These models are to be considered exclusively as educational and didactic tools, with the express exclusion of use as medical devices, and are made by the Seller excluding any therapeutic purpose.
7.3 The Seller reserves the right to change the density ratio of the parts to be printed without prior notice.
7.4 The Seller is not to be held responsible for models that do not meet or satisfy the actual dimensions and dimensions of the submitted file. The Seller is also not to be held responsible for damage to property or persons deriving from the improper use of the models.
8) BUYER’S OBLIGATIONS.
8.1 By accepting the quote, the Buyer declares to have read and accepted the offer, the product specifications and the general terms and conditions of contract in all its parts. The Buyer also declares that he has not entered false or fictitious data in the order form, and that the data provided corresponds to his real personal and tax information, including in relation to their status as “consumer”.
9) PAYMENTS
9.1 The payment terms are accepted by the Buyer in the order confirmation as indicated on the website by the Seller.
9.2 The Buyer is required to pay the price in full even in the event of a dispute or claim.
9.3 Failure to pay or delayed payment, even of only a part of the price, entitles the Seller to request, starting from the due date of payment and without the need for formal notice, default interest pursuant to Legislative Decree 231/2002.
9.4 In the event of non-payment or late payment, the Seller shall have the right to terminate the contract by sending a mere written notice pursuant to Article 1456 of the Italian Civil Code.
9.5 The Seller is hereby authorized to and has the right to suspend the supplies and any other obligation imposed on it in the event that the Buyer fails to pay the price within the agreed terms.
10) INVOICING AND DOCUMENT DELIVERY
10.1 Sales invoices will be sent to the Buyer in accordance with the law. A courtesy copy will be sent, upon request, by e-mail, attaching a file in .pdf format to the e-mail address indicated by the Purchaser himself.
10.2 The Buyer is obliged to communicate to the Seller the tax details necessary for sending the electronic invoice and the e-mail address to which the courtesy invoices are to be sent, as well as to promptly communicate any changes to this information during the execution of the supply or in the case of new orders.
11) COMPLAINTS
11.1 Any complaints must be communicated to the Seller no later than eight (8) days after delivery. The Buyer will return the purchased goods to the Seller, who will carry out the appropriate checks. Technology and manufacturing defects as detailed in Annex A of these terms and conditions of sale are excluded, which are deemed to have been accepted along with the acceptance of these conditions and terms of sale. If the Buyer’s claim is founded, within the subsequent verification period of fourteen (14) working days, the transport costs will be borne by the Seller, upon provision of the appropriate supporting documentation, and the Seller will either replace the goods or repair them at its sole discretion. If the claim is unfounded, the goods will be collected at the expense of the Buyer.
11.2 Any complaints relating to the non-conformity of the goods delivered with the order must be made by the Buyer via certified email to the Seller’s address no later than eight (8) days from delivery. After this period, the goods will be considered definitively accepted.
11.3 Any presumed or actual damage during transport must be reported immediately to the carrier, as the Seller is not to be held responsible for such damages.
12) MANUFACTURING CONTRACT
12.1 The Buyer is aware that the Seller may not directly carry out the management and production of what has been agreed but assign it to experienced manufacturers in possession of knowledge and equipment suitable for the purpose (hereinafter referred to as “Partners”). The files provided by the Buyer at the time of the request may be shared with the Partners. The Seller has the right to entrust the production to several different Partners in order to complete an order. The Seller is not obliged to inform the Buyer of this. The Buyer agrees that the production process is carried out by the Partners identified by the Seller.
12.2 The Seller and/or Partner may modify the technical details of the drawings and files provided by the Buyer to the extent that this is necessary for the production of the commission. The start of production is subject to the payment of the balance by the Buyer.
13) WARRANTY
13.1 The Seller assumes no responsibility for the design of the items that are the subject of the transaction. The Seller may suggest changes to the design or provide analysis, simulation or advice in order to improve and/or meet the needs of the manufacturing process, remaining, however, exempt from any liability derived from the use of the component(s) and/or product(s) by the Buyer or third parties.
13.2 The Buyer assumes all responsibility for the specifications of the project and the goods subject to the transaction.
13.3 The Seller provides no express or implied warranty of any kind with respect to any product or service included, nor does it guarantee the merchantability and/or suitability of the product for a particular purpose, it remains the sole responsibility of the Buyer to comply with any laws, rules or regulations.
13.4 In particular, the Seller assumes no responsibility for the selection of materials for the production of the items subject to the transaction, which falls solely on the buyer, who is responsible for ensuring that the materials selected for the goods to be produced comply with the law, including the Directive 2002/95/EC on the restriction of the use of hazardous materials and the respective national laws transposing this Directive across the Member States. Any statements or information provided by Seller’s personnel or specifications provided by Seller regarding the materials shall be verified by the Buyer with the manufacturer of the material.
13.5 The Seller shall provide, in relation to the Products purchased by the Client in his capacity as Consumer, the legal guarantee of compliance with the conditions and terms set out in Article 128 et seq. of the Consumer Code, where the sale has been made to a Consumer (“natural person acting for purposes unrelated to the business activity, commercial, craft or professional event”).
13.6 Consumer’s warranty rights may be exercised on condition that the Products have been used correctly, with due diligence and in compliance with their intended use, as well as upon presentation by the Buyer of the delivery note received with the goods and indication of the order number. The costs related to the return of products as a result of the exercise of the warranty will be borne by the Consumer. The warranty rights of nonconsumer Buyers are governed by the provisions of the Civil Code in force regarding sales contracts. In any case, any complaints for defects or faults must be submitted in writing by the Seller by registered letter, e-mail or certified email (PEC), within 8 days of receipt of the goods. The Buyer must accompany any claim of defect with photographs showing the damage to the goods.
13.7 The Seller is not liable for any damages incurred by the Buyer due to transportation, improper storage conditions, incorrect installation or improper use of the parts.
13-BIS) OBJECT OF PRODUCTION AND INTENDED USE
13.1-BIS The Client acknowledges and agrees that Blue Series S.r.l., through the Niuo 3D service, manufactures the commissioned objects based solely on files and technical specifications provided by the Client, without any prior knowledge of the final intended use of the object.
13.2-BIS The Client assumes full responsibility regarding the intended use of the commissioned product, including, but not limited to, the possibility that it may be used by minors, vulnerable individuals, or in domestic, educational, recreational, leisure, or therapeutic contexts.
13.3-BIS Blue Series S.r.l. declines all liability for direct or indirect damages resulting from the use of the product in a manner that does not comply with current regulations and that may pose a danger to people, animals, or property, even in cases where such use may be reasonably foreseeable based on the shape, size, or appearance of the object. It is the Client’s responsibility to inform the end user about the correct use of the product.
13.4-BIS Under no circumstances shall the supplied product be considered compliant with safety regulations for toys (Directive 2009/48/EC, EN 71 standard), personal protective equipment, medical devices, or childcare articles, unless explicitly stated and agreed upon in writing by both parties.
14) RETURN PROCEDURE
14.1 For the acceptance of the return for non-conformity or incorrect ordering, the Buyer must follow the procedure outlined below: contact the Seller at the following certified [email protected], providing the following information: order number, customer details and issues related to the order. The Seller shall notify or deny its authorization within eight (8) days and the Buyer shall arrange for the shipment of the material by courier following the instructions received.
14.2 Adhering to these procedures ensures that the Products reach the correct destination and are in good conditions, all in the shortest possible time. If the Buyer does not comply with this procedure, the Seller reserves the right not to accept the return upon receipt.
15) DISCLAIMER OF LIABILITY
15.1 The Buyer relieves the Seller of any liability for the occurrence of damage of any kind to things and persons, reserving the right for compensation in the event of fault and/or willful misconduct on the part of the Buyer; the Seller’s disclaimer of liability also extends 8 to cases of breakage of parts, unsuitability for use, non-compliance with agreed terms/failure to meet production timelines.
16) INTELLECTUAL PROPERTY
16.1 The Buyer agrees that all forms of intellectual property related to the orders, including but not limited to patents, utility models, ornamental models, trademarks, patented or non-patentable inventions, trade secrets, procedures or processes, and know-how (the “Industrial Property Rights”), are and will be the sole and exclusive property of the Seller. The Buyer shall not reproduce or use them in any way without the Seller’s written consent.
16.2 The website, as well as all trademarks and distinctive signs used in relation to the sale of the offered products, are protected by the applicable intellectual property rights and copyright laws. Any type of reproduction, distribution, alteration or transformation, in any form and for any purpose, is prohibited. The Seller reserves the right to take legal action to protect its rights and/or to report any incident of infringement to the owners of the trademarks and other distinctive signs involved.
16.3 The Buyer’s intellectual property and copyright rights apply to orders, contracts, information, designs, images, calculations, descriptions and all other documents provided to Blue Series S.r.l., which undertakes not to make them available and not to disclose them to third parties other than partners, not to use them internally, except for the purposes of production, and not to reproduce them without prior explicit consent, except for granting the Seller’s partners access to the documents or the right to reproduce them solely for the purpose of providing quotes, offering consultancy, and developing the product.
17) DOMICILE ELECTION
17.1 The Seller, for the purposes of communications and notifications, declares to elect its domicile at its registered office.
17.2 Any communications / notifications must be sent via registered letter with return receipt or via certified email to the following address: [email protected].
17.3 Communications made by Blues Series to Buyers/Purchasers may be made via email or directly from the MES system from which the Buyer can interact with the seller.
18) FORCE MAJEURE
18.1 The Seller shall not be liable for any failure to manufacture, deliver or supply, or for any delay in production, delivery or supply of any goods to be provided, whether due to force majeur, fire, weather conditions, strikes, blackouts, executive difficulties, inability to obtain the materials, equipment, labour or transportation, governmental restrictions, serious disturbances to public health or any similar cause beyond the Seller’s control.
19) CONFIDENTIALITY
19.1 Each party agrees to take all necessary measures to ensure that any information or technological knowledge, exchanged for the finalization or performance of the contract, or acquired in the course of carrying out the activities covered by the contract, remains secret and is not disclosed to third parties, except to the Seller’s management and production partners.
19.2 The parties commit to a mutual exchange of information regarding the products, specifically with reference to the following: manufacturing and use of the products, including data, manufacturing specifications, drawings, safety controls, product analysis and specifications, quality control, sales projections.
19.3 In order to maintain the confidentiality of information, it is necessary to prevent unauthorized disclosure by the parties. For this reason, the Seller and the Buyer agree that all information disclosed by the other party – whether or not identified as confidential, and regardless of whether it is disclosed orally, in writing or electronically – will be treated as strictly confidential. Furthermore, should the other party request it, they agree to consider signing a specific non-disclosure agreement.
19.4 The Buyer is guaranteed the utmost care and attention in order to ensure that the systems responsible for protecting the documents/files are always up to date. The Buyer agrees that the manufacturing process may be assigned to Partners identified by the Seller and, therefore, the files provided by the Buyer when requesting a quote may be shared with Partners to enable the production of the commissioned products. In any case, the files remain the property of the Buyer. The files used for the request or order remain the property of the buyer.
19.5 The Buyer agrees not to make unfounded statements that are detrimental to the Seller’s business reputation on the service received, transmitting erroneous and reprehensible information under the law, for which the Seller reserves protection in the competent offices.
20) PRIVACY
20.1 Underthese General Terms and Conditions of Sale and the contract subject to them, the parties may mutually exchange data (name, surname, company email, company telephone number) of administrators, employees or collaborators who, by virtue of the functions held and duties performed, manage or perform the Contract itself.
20.2 Each party will process the received data in full autonomy as data controller, strictly within the limits necessary for the performance of the Contract, in manual, paper, computer, digital and telematic form, including automated processing, and in compliance with the applicable Italian data protection rules and regulations.
20.3 The personal data in question will be retained by each party until the completion of the contractual obligations and services and thereafter until the expiry of the statute of limitations for the rights and/or actions related to the contractual relationship.
20.4 In consideration of the performance of the Contract, personal data may be communicated to third parties within the EU. If personal data needs to be transferred to non-EU countries, such disclosure will occur only after verifying the existence of adequacy decisions issued by the EU Commission regarding the level of protection of personal data protection in the country of destination, or the existence in that country, of adequate guarantees for the data subject, as well as enforceable rights and effective legal remedies.
21) EU EXPORT REGULATIONS
21.1 The goods subject to this transaction may be subject to EU export control regulations and national regulations restricting the export and re-export of certain sensitive products and technology where it is delivered and used. The Buyer must comply with all applicable laws.
21.2 The parts must not be sold, leased or transferred to end users or countries subject to restrictions or to users who are involved in any way with weapons of mass destruction or genocide.
22) RIGHT OF WITHDRAWAL FOR “CONSUMERS”
22.1 Pursuant to the Consumer Code (Legislative Decree no. 206/2005), the Buyer (only if he qualifies as a “Consumer”, i.e., a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out) has the right to withdraw from the contract within fourteen (14) days from the order itself, provided that production has not commenced and/or been completed, and without prejudice to the reimbursement of any expenses incurred by the Seller.
22.2 The right of withdrawal pursuant to Article 59, letter c) of the Consumer Code cannot be exercised if the sold goods have been made “custom-made” or “personalized” according to the final choice of the customer.
22.3 The right of withdrawal is also excluded for the category of consumer under Articles 52 to 58 of the Consumer Code for distance contracts and contracts negotiated away from the business premises.
22.4 In any case, if the right of withdrawal is applicable, the Consumer must exercise it, under penalty of forfeiture, by:
• sending a registered letter with acknowledgment of receipt to: Blue Series S.r.l., Via Piane Tronto n. 68, 64010 Controguerra (TE);
• sending an email via certified email (PEC)to the address [email protected].
22.5 The burden of proofregarding the exercise of the right of withdrawal under this article rests with the consumer.
22.6 In the event of expiry of the right of the right of withdrawal, the goods will remain at the Seller’s premises, available for collection by the Consumer at their own expense, withing thirty (30) days.
23) INFORMATION UNDER ART. 14 OF EU REGULATION NO. 524/2013
23.1 Consumers residing in the European Union are informed that for the resolution of disputes related to this contract and the online services offered by this site, there is the possibility of resorting to the Online Dispute Resolution (ODR) procedure through the following link: https://webgate.ec.europa.eu/odr/.
24) TERMINATION OF THE CONTRACT
24.1 The contract shall also be deemed automatically terminated by operation of law in the event of bankruptcy, voluntary agreement with creditors or receivership of one of the parties.
25) RETURNS FOR SALES BETWEEN PROFESSIONALS (COMPANIES)
25.1 Any returns of the Products by a non-consumer Buyer (company) may be made by contacting the Seller via certified email at [email protected] within eight (8) days of delivery of the goods, in order to agree on the conditions, methods and timing of the return.
26) FINAL PROVISIONS
26.1 If one or more clauses of these General Terms and Conditions of Sale are invalidated for any reason, this shall not affect the validity of the contract, as all the other parts of these General Terms and Conditions of Sale will remain valid and effective.
26.2 If one or more of the articles, paragraphs, paragraphs or other subdivisions, or other provisions of these General Terms and Conditions of Sale and the contract subject to them are or become null, invalid or ineffective, they shall be considered separate from these General Terms and Conditions of Sale and the contract subject to them and rendered inapplicable, to the extent permitted by law, without such invalidity or ineffectiveness affecting the validity, legality or effectiveness of these General Terms and Conditions of Sale and the contract subject to them.
26.3 The Buyer may not assign or transfer one or more rights or obligations arising from the contract subject to these General Terms and Conditions of Contract without the prior written approval of the other Party.
27) JURISDICTION – APPLICABLE LAW
27.1 The competent court for any dispute or controversy connected with, relating to, or arising in any way from these General Terms and Conditions of Sale or any contracts subject to or connected to them will be the Court of Ascoli Piceno (ITALY).
27.2 For the resolution of civil disputes arising from the conclusion of this distance sales contract, if the buyer is a consumer, the mandatory territorial jurisdiction is that of the Court of reference of his municipality of residence or domicile, if located within the territory of the state.
27.3 These General Terms and Conditions of Sale, as well as any contracts subject to them, shall be interpreted in accordance with Italian law. The Parties expressly agree to exclude the application of the Vienna Convention on the International Sale of Goods.
