FABtotum Personal Fabricator's general
PURCHASE TERMS AND CONDITIONS
1. SCOPE & APPLICATION:
These terms of sale (these “terms”) apply to all offers, sales and purchases of the FABtotum personal fabricator or the FABtotum (the “product”) sold through the FABTOTUM website (the or this “site”). We reserve the right to amend or update these terms at any time by posting such amended or updated terms on the site without notice.
References to (a) “Seller”, “us”, “we” or “our” being construed to mean FABTOTUM srl and its affiliates, and (b) “you” or “your” being construed to mean the Purchaser/Buyer of the product through the site.
The Purchase Order (PO), any attachments made a part of this PO, and any documents or clauses incorporated by reference into this PO are the sole and exclusive agreement of Buyer and Supplier for the products and/or services in this PO, and no other document, including the Supplier’s proposal, quotation or acknowledgment form, will be part of this PO, unless specifically agreed to in writing by Buyer.
2. PURCHASES ARE FINAL:
All purchases, included pre-orders, are final, non-cancelable and non-refundable, except as specified in the applicable cancellation policy and exchange policy set forth below.
3. OFFER, PRICES, ACKNOWLEDGMENT AND ACCEPTANCE:
3.1 Any price, quotation and description made or referred to on this Site with respect to the Product is subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order (as described below). The PO shall refers to the one shown on the site which will not be subjected to any change after our acceptance and confirmation of your PO. Unless otherwise mandated by local law, Buyer is obliged to pay to Seller the amount owed by Buyer. The confirmation of the order by Seller is considered the invoice also.
3.2 While we make every effort to ensure that items appearing on the Site are available, we cannot guarantee that all items are in stock, immediately available, or available for distribution or delivery in all parts of the Territory (as defined below) when you submit your order. We may reject your order (without liability) if we are unable to process or fulfill it for any reason. If this is the case, we will refund any prior payment that you have made for that item.
3.3 An order submitted by you constitutes an offer by you to us to purchase the Product on these Terms and is subject to our subsequent acceptance.
3.4 Prior to such acceptance, an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your order.
3.5 Our acceptance of your order takes effect and the contract concluded at the point where such offer is expressly accepted by us dispatching your order and accepting your credit card or other payment (“Acceptance“).
3.5 Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery within the Territory (charges for which are stated on the Site); and (b) VAT (where applicable). Any other tax or duty which will be added by local laws and governments are born to the Buyer as explained below (6).
4.5 Payment shall be made prior to delivery and by such methods as are indicated on the Site (and not by any other means unless we have given our prior agreement).
4.6 We will charge credit or debit cards upon Acceptance and prior to shipment of the Product. We reserve the right to verify credit or debit card payments prior to Acceptance.
4. CANCELLATION AND REFUND POLICY:
4.1 After Acceptance, you may not modify or cancel your order without our prior written consent; provided, however: (a) we may cancel your order at any time after Acceptance and prior to shipment for any reason in our sole discretion, and in such event, we will issue you a refund; and (b) for any “pre-orders” of the Product (as specifically identified on the Site), you are permitted to cancel your pre-order up until such time as the Product has been assembled and/or shipped (the foregoing collectively constitutes our “Cancellation Policy“).
4.2 At Buyer's option, Buyer may reject products that do not comply with Buyer's acceptance criteria for a refund prior to start utilizing it.
4.3 Purchases made within the European Union are subjected to the Right of Withdrawal as stated in the Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises. Conditions under which the Right of Withdrawal is granted are as follow:
a) Buyer has the right to rescind the Agreement with Seller within 7 business days after receipt of the goods. If the Buyer choose to cancel the purchase, the communication must be forwarded to us within 14 days from when the Buyer received the product without giving any reason.
b) To cancel the order, the Purchaser must inform us of his/her decision immediately and prior to start utilizing the product. To meet the cancellation deadline, the Buyer must send the communication of cancellation before the 14-day period has expired.
c) Italian law extends the Right of Withdrawal to 14 days (Council Directive n° 190 of 19 August 2005);
d) Buyer must return at his/her expense the goods received by him to the Seller if not differently advised by the Seller. The product must be returned in its original box, perfectly reproducing the original packaging and including all the parts and accessories received. Failing to do so may damage the product and cause a partial refund only to be issued as stated below (e).
e) Seller reserves the right to refuse any goods returned or sent back, or to repay only part of the amounts already paid in case it is assumed that the goods have already been opened, used or damaged by the fault of Buyer. In that case Seller has the right to deduct the amount of the depreciation of the value of the product from the amount to be repaid to Buyer.
4.4 Buyer may require Supplier to repair or replace the product or part of it without charge and in a timely manner: the effective need of this is at Seller's sole discretion. Any part replaced will corrispond to the original one based on availability.
4.5 Seller shall not be liable and Buyer shall not be entitled to reject the Product, except for: (a) damage to or loss of Product or any part thereof in transit (where the Product are carried by Seller own transport or by a carrier on Seller behalf) where notified to the Seller within 5 working days of receipt of the Product (the foregoing constitutes our “Exchange Policy“) in accordance with the Exchange Policy Procedures set forth below;
4.6 Seller shall not be liable for any damage or losses arising from: (a) defective installation or use of the Product; (b) the use of the Product in connection with other defective, unsuitable or defectively installed equipment; or (c) Buyer negligence, improper use or use in any manner inconsistent with Seller or any other manufacturer’s specifications or instructions.
4.7 Exchange Policy Procedures. In the event of damage to the Product meeting the terms and conditions of the Exchange Policy, you should contact us immediately. We will instruct you for returning the damaged Product (which must include all original packaging, hardware, accessories materials, and documentation). Upon receipt by us of the returned Product (including all original packaging, hardware, accessories materials, and documentation) and verification of the damage, we will ship out to you a replacement Product as soon as reasonably possible.
4.8 Exchange Policy Limitations. Your rights of repair or replacement of the Product or any part or parts thereof as part of the Exchange Policy will in all cases be negated or rendered void where: (a) the Product has been modified or altered by persons other than us or any authorized dealer; (b) the Product has not been returned together with full details in writing of the alleged damage in accordance with the Exchange Policy; and/or (c) the damage to the Product is due (wholly or partially) to mistreatment, improper use or storage or maintenance or installation, or failure to observe any instructions or other directions issued or made available by us in connection with the delivered Product.
5. DELIVERY AND RISK:
5.1 Delivery timescales/dates specified on the Site, in any order acknowledgement, Acceptance or elsewhere are estimates only. While we endeavor to meet such timescales or dates, we do not undertake to dispatch the Product by a particular date or dates and shall not be liable to you in respect of delays or failure to do so.
5.2 Delivery shall be to a valid address within the Territory submitted by you and subject to Acceptance (“Delivery Address“). You must check the Delivery Address on any acknowledgement or Acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.
5.3 Except to the extent required as a result of any mandatory rights you have as a consumer under applicable law, you shall not be entitled to reject the Product in whole or in part by reason of short delivery and shall pay in full notwithstanding short delivery or non-delivery unless you notify us in writing of any claim within 5 days of the latest of the date of receipt of the relevant invoice or delivery whereupon you shall pay for the quantity actually delivered.
5.4 Save as otherwise provided in these Terms, risk of loss of or damage to the Product passes to you on delivery or when placed in your possession or that of any carrier, transport or broker provided by you, whichever shall occur first.
5.5 If not collected from our courier, the Product will be returned to us. In this instance we will charge you the shipping cost, plus a total of 200€ penalty, to cover all the operating expences we will encounter.
6. TAXES, SHIPPING COSTS, DUTIES AND OTHER EXTRAS NOT MENTIONED ELSEWHERE:
6.1 Shipping costs are always shown in the grand total in PO and are always borne to the Buyer. An extra fee may apply at time of delivery for a maximum amount of 30€ to accomplish Seller's commitment and ship the product in remote areas of the world. Buyer must be acknowledged in order to fullfill Seller's request prior to shipping. The places that we deliver the Product are listed on the Site (“Shipping Cost”).
6.2 Purchaser is responsible for and will pay all applicable taxes, charges, fees, levies, customs fees or other assessments imposed or collected by any governmental entity (or political subdivision thereof) worldwide on sales of products or services, or sales, use, transfer, goods, and services or value added tax or any other duties or fees related to any payment by Buyer to Supplier for products and/or services provided to Buyer under or pursuant to this PO. If Buyer provides a direct pay certificate, certification of an exemption from tax, or reduced rate of tax imposed by an applicable taxing authority, then Supplier agrees not to invoice, nor pay, any such tax unless and until the applicable taxing authority assesses such tax, at which time Supplier shall invoice and Buyer agrees to pay any such tax that is legally owed.
6.2.1 If the Customer does not fulfill the total payment of the amount, including customs duty (to be paid directly to his own country's institution), the Company is entitled to claim an extra $ 100 as a reimbursement for the management of the paperwork. In addition, the Company reserves the right not to provide any kind of technical assistance until the debt is entirely paid off.
6.3 Buyer shall withhold taxes as required under applicable law on payments made to Supplier hereunder and shall be required to remit to Supplier only the net proceeds thereof.
6.4Buyer is the importer and exporter of record. Buyer will comply with all import and export laws and administrative requirements, including all applicable laws, regulations, certifications and registrations associated with the import or export of Supplier’s products including but not limited to product safety, electromagnetic compatibility, telecommunications, product take-back/recycling and environmental requirements. Upon Buyer request, Supplier will promptly provide all information necessary to export and import products.
7. WARRANTY POLICY
7.1 All products sold by FABTOTUM s.r.l. are covered by a 24 months legal warranty for Italian and EU private Purchases, 12 months for Italian and EU business purchases and 6 months for extra EU purchases.
7.2 Warranty starts from day of delivery; courier's confirmation will be taken as ufficial.
7.3 Under the legal warranty, FABTOTUM is liable to the Buyer for any lack of conformity which exists at the time of the delivery of the product.
The lack of conformity exists when the product is not suitable for the use to which it is intended, is not in compliance with the description or does not have the quality and/or performances promised by the Seller and the product sold, or quality specifications and performance required by the consumer when these have been the subject of a special agreement between the parties.
The complaint of the lack of conformity, which occurs within the period of validity of the Warranty (7.1), must be made within two months from the date of discovery. In case of lack of conformity, the Buyer is entitled to ask to the Seller, at its option and without charge, reparation or replacement of the goods, unless the request is not objectively impossible or excessively burdensome. Reparations must be carried out within a reasonable period and in any case within 60 days; the Seller, after the complaint of the lack of conformity, can offer the Buyer his best solution which will then be rejected or accepted.
7.4 Support Team or “the Team” and its other division is the sole ufficial voice of FABTOTUM in charge of giving assistance. Support Team should be contacted via our ufficial page and contact form. Any other request will be authomatically redirected or rejected at our sole decision.
7.5 To receive assistance, the Purchaser shall store the original invoice received together with the goods and show it to the Support Team whenever asked. Failure to do so will still grant assistance which costs will be at Purchaser's expenses.
7.6 As a result of the intervention from our Support Team, the Purchaser will be charged eventual verification and repair costs requested by the service. This includes:
a) Shipping costs for the return towards our factory of any product or part of it as requested by the Support Team as well as delivery costs if those were incurred by us for repairs that are not covered by warranty;
b) Any replacement that cannot be related to a faulty/defective one.
7.7 If a RMA is needed, the product must be packed in its original box. Heated surface and heads must be included as well. Package must be proper and the Buyer must make sure no object can move freely inside. Repairs for damages caused by shipping will be authomatically considered out of warranty.
7.8 Consumables replacement cannot be covered by warranty. Consumables comprehend: resistances, thermistors, fans, nozzles, hotplate's Pogo pins and all removeable connectors, PCBs, 4th axis feeder and SD card memory. This is also true for all parts when damaged by incorrect usage or normal wear.