These general terms and conditions govern relationships between SCULP DYNAMICS PVT LTD, a Private Limited Company with a paid up capital of INR 100000, registered under the Companies Act, 2013 and the Company is limited by Shares, whose head office is situated in Vadodara, India GSTIN Number 24ABACS1115N1ZJ hereinafter referred to as "SCULP DYNAMICS PVT LTD" on the one hand, and any individual or corporate entity wishing to make a distance purchase from the SCULP DYNAMICS PVT LTD website "http://www.sculp3d.in", hereinafter referred to as the "CUSTOMER", on the other hand.
The parties agree that orders made to SCULP DYNAMICS PVT LTD via the Internet will be governed exclusively by these general terms and conditions. SCULP DYNAMICS PVT LTD reserves the possibility of modifying its general terms and conditions at any time. In this case, the terms and conditions applicable will be those in force upon the date the order was made by the CUSTOMER. These general terms and conditions prevail over any other general or specific conditions to which SCULP DYNAMICS PVT LTD has not expressly agreed.
ARTICLE 1 - CHARACTERISTICS OF THE GOODS AND SERVICES PROPOSED
SCULP DYNAMICS PVT LTD proposes a personalized 3D printing service based on a CAD model supplied by the CUSTOMER.
SCULP DYNAMICS PVT LTD will create a 3D OBJECT: interior decoration, figure, robot, miniature (hereinafter referred to as the "3D OBJECT"). The 3D OBJECTS printed by SCULP DYNAMICS PVT LTD are solely intended for decoration or pleasure. The 3D OBJECTS may or may not have any utilitarian or functional purpose.
SCULP DYNAMICS PVT LTD reserves the right to refuse any order of 3D OBJECTS causing an offense to public order or good practices, as well as any 3D OBJECT clearly infringing a third party intellectual right. In particular, this list not being exhaustive, firearms, objects presenting racist, pornographic, violent content without being a piece of art, as well as any mark, brand name, figure clearly infringing any third party intellectual property right will be refused. SCULP DYNAMICS PVT LTD is solely responsible for judging if a 3D OBJECT comply with the provision in this article. In the event that the CUSTOMER think that his 3D OBJECT has been refused even if it complies with this article, he is invited to contact SCULP DYNAMICS PVT LTD to explain his case.
ARTICLE 2 - PRICE
The prices of the 3D OBJECTS indicated for personalized orders, are given in Indian Rupees, including GST. Postage and Packing Costs are added. The GST amount, as well as postage and packing costs, will be indicated on the invoice.
SCULP DYNAMICS PVT LTD reserves the right to change its prices at any time. Invoices for the 3D OBJECTS will be drawn up based on the prices in force at the time the order was validated by SCULP DYNAMICS PVT LTD, as provided for in Article 4 of these general terms and conditions. We accept and fulfill orders from India.
ARTICLE 3 - ORDER
CUSTOMERS wishing to have a 3D OBJECT manufactured based on a model they have designed themselves, must, without fail:
fill out the identification sheet on which they indicate all the requested contact details;
fill out the online order form, giving 3D OBJECT references (catalogue reference, size reference, etc.);
validate their order after checking that their invoicing address and delivery address are correct;
make payment in accordance with the established conditions;
confirm their order and payment.
Confirmation of the order implies acceptance of these general terms and conditions, recognition that the CUSTOMER is fully aware of these and renunciation by the CUSTOMER of the use of their own purchase conditions or any other conditions.
ARTICLE 4 - VALIDATION OF THE ORDER
A confirmation email summarizing the order (description of the 3D OBJECT, price, manufacturing date, delivery date, etc.) will be sent to the CUSTOMER by SCULP DYNAMICS PVT LTD.
The 3D OBJECT sales contract is concluded when SCULP DYNAMICS PVT LTD, after having had the possibility of checking the detail of the order and its total price, as well as correcting any errors, has confirmed it. SCULP DYNAMICS PVT LTD reserves the right to reject the order and reimburse the CUSTOMER. Reimbursement is made by any means of payment within a 15 day timeframe.
SCULP DYNAMICS PVT LTD will send an email confirming its acceptance of the order. Data recorded and kept by SCULP DYNAMICS PVT LTD constitutes proof of all transactions carried out between SCULP DYNAMICS PVT LTD and its CUSTOMERS.
ARTICLE 5 - AVAILABILITY OF 3D OBJECTS
In the event the materials used in the manufacture of 3D OBJECTS are unavailable:
Permanent unavailability: SCULP DYNAMICS PVT LTD undertakes to offer 3D OBJECTS with similar characteristics or to refund the missing 3D OBJECTS within 30 days.
Temporary unavailability: SCULP DYNAMICS PVT LTD will inform the CUSTOMER about restocking deadlines.
The CLIENT can choose to maintain the order with these new deadlines or to cancel it. In that case, SCULP DYNAMICS PVT LTD will offer to refund the missing 3D OBJECT without delay and no later than 30 days.
SCULP DYNAMICS PVT LTD reserves the right to suspend the 3D OBJECT personalization service at any time for a duration determined by SCULP DYNAMICS PVT LTD, or in the event failure in stock of primary materials or breakdown in the equipment used to manufacture the OBJECTS.
ARTICLE 6 - DELIVERY OF THE 3D OBJECTS
SCULP DYNAMICS PVT LTD will endeavor to ensure that its deliveries take place within the time periods set out in the email confirming the order and deliveries abroad as soon as possible following receipt of payment for the order. The timeframes indicated upon validation of the order are average usual timeframes and correspond to the time required for handling and delivery.
SCULP DYNAMICS PVT LTD undertakes to inform the CUSTOMER of any foreseen delays in delivery. The 3D OBJECTS will be delivered to the address indicated by the CUSTOMER on the order. Ownership of the 3D OBJECTS, and the associated risks, will be transferred to the CUSTOMER as soon as they take possession of the 3D OBJECTS.
Any irregularity concerning the delivery (damages, 3D OBJECTS missing compared to order delivery, damaged parcel, broken 3D OBJECTS) must necessarily be specified in writing on the delivery order, giving sufficient details in the section entitled "Acceptance with Reserves" aimed specifically for this and must be signed by the CLIENT. To ensure that these reserves are taken into consideration, the CLIENT must also confirm the irregularity to the transporter within three (3) working days following delivery, by means of a registered letter with acknowledgement of receipt specifying the irregularity. The CLIENT must send a copy of this letter by ordinary mail to SCULP DYNAMICS PVT LTD.
ARTICLE 7 - PAYMENT
Payment is made online directly using the secure payment module for card payments. The bank card number and expiry date are encrypted and transmitted to the specialized company. Secure services are provided using the SSL encrypting procedure (Secure Socket Layer), with no access granted to SCULP DYNAMICS PVT LTD or any third party. In particular, SCULP DYNAMICS PVT LTD does not use any technical intermediary for the transmission of payment data. This information will not be reused. SCULP DYNAMICS PVT LTD does not keep payment card information's of its customers.
The order amount is debited from the CUSTOMER's account upon validation of the order by SCULP DYNAMICS PVT LTD. Data recorded and kept by SCULP DYNAMICS PVT LTD constitutes proof of the order and of all transactions carried out. Data recorded by the payment system constitutes proof of the financial transactions.
ARTICLE 8 - RIGHT OF CANCELLATION
SCULP DYNAMICS PVT LTD's main vocation is to satisfy its CUSTOMERS. SCULP DYNAMICS PVT LTD undertakes to do its utmost to meet its CUSTOMERS' expectations. If you wish to cancel an order or make a comment or criticism about the services proposed by SCULP DYNAMICS PVT LTD, you may contact us at the following addresses:
By Email: firstname.lastname@example.org
In India: +91-7574821324
SCULP DYNAMICS PVT LTD
404, The Park, Akshar Chowk, O.P Road
Vadodara 390020 India
SCULP DYNAMICS PVT LTD makes all 3D OBJECTS to measure. As these are "personalized" products, cancellation is excluded for orders "for the supply of goods made in accordance with customer specifications or clearly personalized".
ARTICLE 9 - GUARANTEE / LIABILITY
SCULP DYNAMICS PVT LTD provides it's CUSTOMERS with a guarantee that the 3D OBJECTS are manufactured in India, in accordance with Indian legislation and the applicable quality and safety standards.
3D OBJECTS printed by SCULP DYNAMICS PVT LTD are solely intended for decoration or pleasure. Therefore, SCULP DYNAMICS PVT LTD shall not be held liable in case the OBJECTS are used for a purpose other than decoration or pleasure.
SCULP DYNAMICS PVT LTD will do its best efforts so that the 3D Models shown in the viewer on the website "http://www.sculp3d.in" are as faithful a representation of the 3D OBJECT as possible. However, because of the digital presentation method on the Internet, it is possible that the impression of the CUSTOMER is not exactly the way the 3D OBJECT really is. Therefore, the 3D OBJECTS delivered may vary slightly from their presentation on the website "http://www.sculp3d.in". Differences may result from the color quality of the photographs, the difficulty of showing on screen the texture of a material or, without limitation, technical adaptation. These differences should not be interpreted as lack of conformity and shall not justify a cancellation of the sale except in circumstances where differences concern an essential feature of the 3D OBJECTS and affect its quality.
SCULP DYNAMICS PVT LTD cannot be deemed responsible for consequences inherent to the individual CUSTOMER, such as allergic reactions to the materials used for manufacturing the 3D OBJECT, or if the personalized 3D OBJECT fails to satisfy the CUSTOMER due to his own personal taste.
SCULP DYNAMICS PVT LTD may not be held responsible in the event of failure in the stock of primary materials, delay in delivery, strikes (including transport strikes) or force majeure or, in a more general sense, for any event not exclusively and directly attributable to it.
The illustrations shown in the catalogue on the "http://www.sculp3d.in" website are not contractually binding. CUSTOMERS access, use and navigate the SCULP DYNAMICS PVT LTD website at their own risk. For all the stages of website access, order processing, delivery or post-delivery services, SCULP DYNAMICS PVT LTD is bound only by a best effort undertaking. SCULP DYNAMICS PVT LTD may not be held responsible for any inconveniencies or damage inherent to Internet use, in particular service failure, external intrusion, the presence of IT viruses, or any qualified occurrence of force majeure, in accordance with case law.
CUSTOMERS recognize and accept that, within the full scope of the applicable regulations, SCULP DYNAMICS PVT LTD cannot be held responsible for direct, indirect, fortuitous damage, or compensation for moral harm, costs, losses, decrease in turnover or profits, or liabilities of any nature which may arise from the use or, on the contrary, impossibility of using, the website or its contents (even if the occurrence of harm in question was known to, or could have been foreseen by SCULP DYNAMICS PVT LTD). In any event, SCULP DYNAMICS PVT LTD's liability shall be limited to the total amount paid by the CUSTOMER for their current order.
CUSTOMERS transmit their images in the form of a file and undertake not to transmit files containing viruses or programmes which destroy data. CUSTOMERS must keep a copy of the file and SCULP DYNAMICS PVT LTD cannot, under any circumstances, be held responsible for the loss or destruction of files transmitted by the CUSTOMER.
ARTICLE 10 - INTELLECTUAL PROPERTY
The 3D models, designs, texts, names and logos appearing on the "http://www.sculp3d.in" website are the property of their authors and are thus protected by intellectual property rights and usage rights held by SCULP DYNAMICS PVT LTD and/or creators bound to SCULP DYNAMICS PVT LTD by a specific contract.
All CUSTOMERS who send SCULP DYNAMICS PVT LTD a 3D model, drawing or design (the "IMAGE") guarantee that they are the author or holder of all intellectual property rights for this IMAGE and that they have not infringed any intellectual property rights by sending this 3D MODEL. The CUSTOMER undertakes to indemnify SCULP DYNAMICS PVT LTD against any claims by third parties. The CUSTOMER will retain ownership of the 3D MODEL sent to SCULP DYNAMICS PVT LTD. The CUSTOMER grants SCULP DYNAMICS PVT LTD a license for the single use of their 3D MODEL to carry out their order.
CUSTOMERS have the possibility, if they wish, of granting SCULP DYNAMICS PVT LTD the right, free of charge, to use and reproduce the IMAGE of 3D OBJECT in the CASE STUDIES appearing on the "http://www.sculp3d.in" website so that the CASE STUDY can be read by another CUSTOMER opting for 3D Printing service. To do this, CUSTOMERS can choose the "For Case Study" options during order confirmation. No matter you choose this option during your order confirmation or not the 3D MODEL will always remain your intellectual property.
Any reproduction, exploitation or use, whether in India or abroad, of all or part of the "http://www.sculp3d.in" website and/or any 3D OBJECT for professional use (on whatever basis, even partially) or duplication on any media, website, free, paid or commercial blogs, is forbidden unless prior consent has been given by SCULP DYNAMICS PVT LTD and constitutes a counterfeiting offence.
ARTICLE 11 - PERSONAL DATA
In accordance with the Indian Law on Information Technology, information relating to CUSTOMERS may be the subject of automated handling.
CUSTOMERS may object to the divulgation of their contact details by informing SCULP DYNAMICS PVT LTD. In the same vein, users have a right to access and rectify data concerning themselves.
ARTICLE 12 - SETTLEMENT OF DISPUTES
These online general terms and conditions are governed by Indian Law.
The parties will endeavor to resolve any disagreements which may arise between them concerning the interpretation, partial or total execution or non-performance of these general terms and conditions in an amicable fashion.
The CUSTOMER should contact SCULP DYNAMICS PVT LTD as a priority in order to obtain an amicable solution. In the case of a professional CUSTOMER, the disagreement will be submitted to a mediator. To submit the case, one of the parties should give the mediator the authority to organize a meeting which the other party must attend within one month of the request. To organize this meeting, the mediator will send a letter with acknowledgement of receipt to each of the parties. The parties will share the costs of involvement of the mediator between them in an equitable manner and undertake to participate in at least one meeting with the mediator, seeking to resolve the dispute using the most appropriate solution, with his/her assistance.
If the parties cannot come to an agreement, this arbitration clause will be reputed as honored. In the absence of an amicable agreement, any dispute will be submitted to the competent court of the place of the defendant's domicile or, at his discretion, at the delivery place of the 3D OBJECT. Nevertheless, in case the CUSTOMER is considered as a professional, the courts under the jurisdiction will be solely competent.