These Terms and Conditions apply to all purchases governed by Innovatica Sp. z o.o. (registered in Poland, KRS 0000731657, VAT ID PL9492229114 Stalowa 24, 42-240 Rudniki) referred to as “Innovatica”, “we”, “our”, for any Innovatica device or other Innovatica application (the “Products”), including, but not limited to:
I. hardware devices, accompanying items and accessories including devices, items or accessories containing pre-installed software (“Hardware”),
II. services offered by Innovatica on regular and irregular basis (“Services”).
Any purchase order submitted is subject to acceptance by Innovatica. Only upon acceptance by Innovatica by way of an order confirmation is the agreement concluded. Innovatica reserves the right to reject any orders in full or in part.
3. PRICE AND PAYMENT
Prices indicated on the website are exclusive of VAT, state and local sales and use taxes, unless otherwise stated. The Client is responsible for any such state and local sales and use taxes, and any other taxes and government levies, if any, associated with the order. Shipping and handling charges (if any) will apply in addition, and are paid fully by the Client.
4. DELIVERY AND RISK OF LOSS
Innovatica will endeavor to deliver the product within
the period stated on the delivered invoice.
If multiple Products are ordered, Innovatica reserves the right to deliver each Product separately. Products will be delivered to the delivery address given at the ordering time. Products will be delivered according to Incoterms EXW – the risk of loss or damage to the Products will pass to the Client at the moment the Products leave the Innovatica warehouse. If Client refuses or neglects to take delivery of the Products, Innovatica reserves the right to charge the Client up to the full order value. In case the wrong Product is delivered, it shall be returned to Innovatica at Innovatica expense.
5. RETURN POLICY
If Client chooses to return any Hardware, Client must contact Innovatica during the ten (10) business days following receipt by email via email@example.com to obtain a Return Authorization Number and return the Hardware in its original packaging, free of all interests, liens, taxes or claims otherwise, to the address provided by Innovatica. Innovatica will not issue any refunds in response to requests made more than ten (10) business days following receipt of the item. Innovatica will only accept returns on items purchased directly from the Innovatica store and not on any products sold through a reseller. During receipt of the goods at the Innovatica warehouse, Innovatica will perform inspection of the goods. If the goods are badly packed (i.e. the packaging looks like damage to the product could have occurred during shipment), goods are altered or wrong amounts are shipped, Innovatica withholds the right to reject the shipment. All shipping costs related to the refund are borne by the Client.
If the item has not been opened, Innovatica will refund the purchase price actually paid minus shipping and restocking fee maximum 60 days after receipt of the goods at Innovatica’s warehouse. The restocking fee is of up to 20% of the total invoice value and will be determined by the sole discretion of Innovatica after receipt of the Goods. If the item has been opened and/or altered, Innovatica will charge a fee up to the full order amount in addition to shipping and handling charges to retrieve the products to Innovatica warehouse. Innovatica will not issue refunds for products that have been altered, used, or damaged in any way.
6. THIRD PARTY SOFTWARE MATERIALS
Innovatica Products may make use of third party software codes, data, information functionality, other content and algorithms (“Third Party Materials”). The use of Third Party Materials included in the Products may be subject to other terms and conditions. The copyright notices and specific license conditions of these Third Party Materials can be obtained from the relevant third party. Client agrees that the submission of any order implies that Client have read and accepted the terms and conditions for any Third Party Materials included in the Products ordered.
Innovatica offers a limited carry in warranty (“Warranty”) that the Hardware will be free from defects in workmanship and materials under normal use (“Defects”) for a period of one (1) year from the date the Hardware was purchased (“Warranty Period”) unless an extended warranty has been purchased by the Client. With the exception of the duration of the Warranty, all terms and conditions of the Warranty apply to any extended warranty. This Warranty does not cover damage caused by normal wear and tear and does not cover consumables, such as nozzles. The warranty does not cover damage as a result of the Hardware being opened or repaired by someone not authorized by Innovatica, and does not cover damage caused by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, non-compliance with the instructions supplied with the Hardware, neglect or misapplication. The Warranty does not cover physical damage to the outer surface or the print bed, or the Hardware.
During the Warranty Period, the Hardware will be repaired or replaced by without charge for either parts or labor. The customer has the option to either receive the spare parts without charge or to ship the printer to the Innovatica office for a free repair. Shipping costs, duties, VAT and handling costs are expressly excluded from the Warranty.
The following is expressly excluded from the Warranty:
- Any unauthorized modification or repair, where tampering/disassembly is evident, or improper disassembly/reassembly even if authorized;
- Damage caused by using 3rd party software, USB or power cables, not certified or sold by Innovatica;
- Failure of printer operation caused by inappropriate or poor quality filaments being installed, such as those not certified by Innovatica without limiting use of filaments not sold by Innovatica;
- Consumables such as nozzles (blocks), print bed surfaces, and filaments;
- Costs of shipping and handling, including duties & VAT if applicable;
- Damage due to shipping;
- Incidental or consequential damages such as water, excess heat, electrical discharge, abuse, misuse, neglect, unusual operating conditions or improper storage;
- Normal wear & tear including scratches and nicks;
- Problems reasonably repairable by the customer;
- Stalling of the printer due to filament snagging;
In order to make a claim under the Limited Warranty of a Defect, Client must contact Innovatica by email during the Warranty Period via to explain the Defect and to obtain a Return Materials Authorization number if necessary. This Warranty does not apply when the proof of purchase cannot be confirmed or is claimed by anyone other than the Client. The Hardware must be returned to Innovatica as soon as possible following Client’s notification of the Defect, along with an explanation of the Defect, to the address provided by Innovatica. The hardware must be returned in the same packaging it was delivered. Client must comply with any other return procedures stipulated by Innovatica, if any. This Warranty is not transferable.
8. LIMITATION OF LIABILITY
Neither Innovatica nor its suppliers shall be liable to Client or to any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages (including in each case, but not limited to, damages for the inability to use or access the products, loss of data, loss of business, loss of profits, business interruption or the like) arising out of the use of or inability to use the products, even if Innovatica has been advised of the possibility of such damages.
9. FORCE MAJEURE
Force majeure means circumstances that impede the fulfillment of Innovatica’s obligations under these Terms and Conditions which are not within Innovatica’s reasonable control, including late and/or delayed deliveries and incomplete deliveries by Innovatica caused by circumstances beyond Innovatica’s reasonable control. In a force majeure situation all of Innovatica’s obligations shall be suspended. Should the period in which Innovatica cannot fulfill its obligations as a result of force majeure continue for longer than ninety (90) calendar days, both parties shall be entitled to dissolve the purchase agreement in writing without there being an obligation to pay any compensation whatsoever arising out of or in connection with that dissolution.
11. THIRD PARTY RIGHTS
Third parties have no rights under applicable legislation in relation to the rights of third parties to rely upon or to enforce any term of these Terms and Conditions but that does not affect any right or remedy of a third party which exists or is available apart from such applicable legislation.
If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. Innovatica and the Client are deemed to have agreed to new terms and conditions in substitution for such invalid provisions. These new terms and conditions shall be interpreted, as regards their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived from them.
13. GOVERNING LAW
These Terms and Conditions and any disputes related to these Terms and Conditions or to the purchase and use of the Products or otherwise are subject to the laws of Poland. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to these Terms and Conditions. All disputes arising out of these Terms and Conditions shall be settled by courts venued in Częstochowa, which will have exclusive jurisdiction in respect of any such disputes.