Terms and conditions of Sculpteo



SCULPTEO : General Terms and conditions

Preamble

These general terms and conditions govern relationships between SCULPTEO, a simplified joint-stock company with a capital of 1,541,655.00 Euros, registered in the Nanterre trade and companies register (RCS) under number 514 971 654, whose head office is situated at 89 rue Gouverneur Eboué, 92130 Issy-les-Moulineaux, VAT Number FR48.514.971.654 hereinafter referred to as "SCULPTEO" on the one hand, and any individual or corporate entity wishing to make a distance purchase from the SCULPTEO website “http:// www.sculpteo.com”, hereinafter referred to as the “CUSTOMER”, on the other hand.

The parties agree that orders made to SCULPTEO via the Internet will be governed exclusively by these general terms and conditions. SCULPTEO 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 SCULPTEO has not expressly agreed.

  1. Article 1 – Characteristics of the goods and services proposed
    1. SCULPTEO proposes a personalised 3D reproduction service. Based on an image supplied by the CUSTOMER, SCULPTEO will create a concrete object: interior decoration, figure, robot, miniature, maquette (hereinafter referred to as the “OBJECT”).
    2. SCULPTEO also produces 3D images shown in the catalogue published on the website “http:// www.sculpteo.com” available to CUSTOMERS.
    3. The 3D OBJECTS printed by SCULPTEO are solely intended for decoration or pleasure. The OBJECTS do not have any utilitarian or functional purpose.
    4. SCULPTEO reserves the right to refuse any order of OBJECTS causing an offense to public order or good practices, as well as any 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, brandname, figure clearly infringing any third party intellectual property right will be refused. SCULPTEO is solely responsible for judging if an OBJECT comply with the provision in this article. In the event that the CUSTOMER think that his OBJECT has been refused even if it complies with this article, he is invited to contact SCULPTEO to explain his case.
  2. Article 2 – Price
    1. The prices of the OBJECTS shown on the catalogue published on the website “http:// www.sculpteo.com”, as well as the prices indicated for personalised orders, are given in Euros, including tax. Postage and packing costs should be added. The VAT amount, as well as postage and packing costs, will be indicated on the invoice.
    2. All orders are payable in the currency selected by the CUSTOMER when he created his order, whatever the country in which the order is made. The currency is selected between the set of proposed currency on the website.
    3. SCULPTEO reserves the right to change its prices at any time. Invoices for the OBJECTS will be drawn up based on the prices in force at the time the order was validated by SCULPTEO, as provided for in Article 4 of these general terms and conditions.
    4. For orders and deliveries made outside of the French territory, but within the European Union, the provisions set out in the French General Tax Code (“Code général des impôts”) with regard to VAT are applicable.
    5. For any delivery outside of EU territory, customs duties and formalities will, unless indication is given to the contrary on the order form, be covered exclusively by the CUSTOMER, who undertakes to verify the possibility of importing the products to the delivery country.
  3. Article 3 – Order
    1. CUSTOMERS wishing to purchase an OBJECT available on the “http:// www.sculpteo.com” website catalogue, or wishing to have an 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 all 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.
    2. 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.
    3. The CUSTOMER’s “click” on the “validate” button when making the order constitutes an electronic signature between the parties and has the same value as a written signature.
  4. Article 4 – Validation of the order
    1. A confirmation email summarising the order (description of the OBJECT, price, manufacturing date, delivery date, etc.) will be sent to the CUSTOMER by SCULPTEO.
    2. The OBJECT sales contract is concluded when SCULPTEO, 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. SCULPTEO reserves the right to reject the order and reimburse the CUSTOMER. Reimbursement is made by any means of payment within a 15 day timeframe.
    3. SCULPTEO will send an email confirming its acceptance of the order.
    4. Data recorded and kept by SCULPTEO constitutes proof of all transactions carried out between SCULPTEO and its CUSTOMERS.
  5. Article 5 – Availability of objects
    1. In the event the materials used in the manufacture of OBJECTS are unavailable: Permanent unavailability: SCULPTEO undertakes to offer OBJECTS with similar characteristics or to refund the missing OBJECTS within 30 days in accordance with the French consumer code (article L121-20-3). Temporary unavailability: SCULPTEO 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, SCULPTEO will offer to refund the missing OBJECT without delay and no later than 30 days in accordance with the French consumer code (article L121-20-3).
    2. SCULPTEO reserves the right to suspend the OBJECT personalisation service at any time for a duration determined by SCULPTEO, or in the event failure in stock of primary materials or breakdown in the equipment used to manufacture the OBJECTS.
  6. Article 6 – Delivery of the objects
    1. SCULPTEO will endeavour to ensure that its French 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.
    2. SCULPTEO undertakes to inform the CUSTOMER of any foreseen delays in delivery.
    3. The OBJECTS will be delivered to the address indicated by the CUSTOMER on the order.
    4. Ownership of the OBJECTS, and the associated risks, will be transferred to the CUSTOMER as soon as they take possession of the OBJECTS.
    5. Any irregularity concerning the delivery (damages, OBJECTS missing compared to order delivery, damaged parcel, broken 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 SCULPTEO.
  7. Article 7 – Payment
    1. Cards accepted for payment are: Carte Bleue, MasterCard and Visa.
    2. Payment is made online directly using the secure payment module on the specialist company PAYBOX SERVICES’s website for card payments or PayPal (Europe) Ltd for “Paypal account” payments. The bank card number and expiry date are encrypted and transmitted to the specialised company PAYBOX or PayPal (Europe) Ltd. Secure services are provided using the SSL encrypting procedure (Secure Socket Layer), with no access granted to SCULPTEO or any third party. In particular, SCULPTEO does not use any technical intermediary for the transmission of payment data. This information will not be reused.
    3. The order amount is debited from the CUSTOMER’s account upon validation of the order by SCULPTEO.
    4. Data recorded and kept by SCULPTEO constitutes proof of the order and of all transactions carried out. Data recorded by the payment system constitutes proof of the financial transactions.
    5. Invoices will be available on the SCULPTEO website in the “Your Account” section.
  8. Article 8 – Right of cancellation

    SCULPTEO’s main vocation is to satisfy its CUSTOMERS. SCULPTEO 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 SCULPTEO, you may contact us at the following addresses:

    - By email contact@sculpteo.com
    - In the USA: +1-800-814-1270; - or in France: +33 1 83 64 11 22;
    - Postal address:

    SCULPTEO
    Customer Service
    89 rue Gouverneur Eboué
    92130 Issy-les-Moulineaux
    FRANCE

    SCULPTEO makes all OBJECTS to measure. As these are “personalised” products, the right of cancellation can only apply in accordance with the provisions of article L 121-20 of the French Consumer Code. In particular, cancellation is excluded (article 121-20-2, 3rd paragraph) for orders “for the supply of goods made in accordance with customer specifications or clearly personalised”.

  9. Article 9 – Quarantee / Liability
    1. SCULPTEO provides its CUSTOMERS with a guarantee that the OBJECTS are manufactured in France, in accordance with French legislation and the applicable French quality and safety standards.
    2. 3D OBJECTS printed by SCULPTEO are solely intended for decoration or pleasure. Therefore, SCULPTEO shall not be held liable in case the OBJECTS are used for a purpose other than decoration or pleasure.
    3. SCULPTEO will do its best efforts so that the 3D images shown in the catalogue published on the website “http:// www.sculpteo.com” are as faithful a representation of the 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 OBJECT really is. Therefore, the OBJECTS delivered may vary slightly from their presentation on the website “http://www.sculpteo.com”. Differences may result from the colour 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 OBJECTS and affect its quality.
    4. The OBJECTS benefit from the legal guarantee provided for in articles 1641 and following of the French Civil Code.
    5. SCULPTEO cannot be deemed responsible for consequences inherent to the individual CUSTOMER, such as allergic reactions to the materials used for manufacturing the OBJECT, or if the personalised OBJECT fails to satisfy the CUSTOMER due to his own personal taste.
    6. SCULPTEO 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.
    7. The illustrations shown in the catalogue on the “http:// www.sculpteo.com” website are not contractually binding.
    8. CUSTOMERS access, use and navigate the SCULPTEO website at their own risk.
    9. For all the stages of website access, order processing, delivery or post-delivery services, SCULPTEO is bound only by a best effort undertaking. SCULPTEO 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.
    10. CUSTOMERS recognise and accept that, within the full scope of the applicable regulations, SCULPTEO 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 SCULPTEO). In any event, SCULPTEO’s liability shall be limited to the total amount paid by the CUSTOMER for their current order.
    11. 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 SCULPTEO cannot, under any circumstances, be held responsible for the loss or destruction of files transmitted by the CUSTOMER.
  10. Article 10 – Intellectual property
    1. The images, drawings, designs, texts, names and logos appearing on the “http:// www.sculpteo.com” website are the property of their authors and are thus protected by intellectual property rights and usage rights held by SCULPTEO and/or creators bound to SCULPTEO by a specific contract (see Specific Conditions).
    2. All CUSTOMERS who send SCULPTEO an image, 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 IMAGE. The CUSTOMER undertakes to indemnify SCULPTEO against any claims by third parties. The CUSTOMER will retain ownership of the IMAGE sent to SCULPTEO. The CUSTOMER grants SCULPTEO a licence for the single use of their IMAGE to carry out their order.
    3. CUSTOMERS have the possibility, if they wish, of granting SCULPTEO the right, free of charge, to use and reproduce their IMAGE in the catalogue appearing on the “http:// www.sculpteo.com” website so that the rights to use their image can be sold to another CUSTOMER for the creation of an OBJECT. To do this, CUSTOMERS choose the “For Sale” sharing mode for their IMAGE). In this case, the CUSTOMER must accept the Specific Conditions, under the terms of which they give SCULPTEO the authority to reproduce their IMAGE on the “http:// www.sculpteo.com” website and to manage, in their name and on their behalf, all aspects of their commercial relationship with another potential CUSTOMER wishing to buy the right to use their IMAGE with a view to having an OBJECT created by SCULPTEO. If a CUSTOMER orders an OBJECT chosen from the catalogue, the CUSTOMER who has created the IMAGE will be paid by the end CUSTOMER for the right to use their IMAGE and SCULPTEO will be remunerated by the IMAGE creator in its capacity as an intermediary, in accordance with the terms defined in the Specific Conditions.
    4. The CUSTOMER also has the possibility of granting SCULPTEO a non exclusive licence for their IMAGE, free of charge, (by choosing the “Public” sharing mode for their IMAGE). This licence gives SCULPTEO the right to produce OBJECTS based on the IMAGE for its other CUSTOMERS in accordance with the same methods as for the CUSTOMER who owns the IMAGE as well as to assure the promotion of this IMAGE by making it available on SCULPTEO's website or any partner's website. The CUSTOMER may revoke this licence at any time by modifying the sharing mode for their IMAGE, or by directly erasing it from the catalogue appearing on the “http:// www.sculpteo.com” website. Orders confirmed by SCULPTEO in accordance with the procedure described in Article 5 above before the revocation of the licence will not be affected.
    5. Any reproduction, exploitation or use, whether in France or abroad, of all or part of the “http:// www.sculpteo.com” website and/or any 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 SCULPTEO and constitutes a counterfeiting offence punishable under articles L335-2 and following of the French Intellectual Property Code.
  11. Article 11 – Personal data

    In accordance with the French law on Information Technology, Files and Freedoms of 6th January 1978, nominative information relating to CUSTOMERS may be the subject of automated handling.

    SCULPTEO reserves the right to gather information on CUSTOMERS, including through the use of cookies, and, if it wishes, to transmit the information gathered to its commercial partners.

    CUSTOMERS may object to the divulgation of their contact details by informing SCULPTEO. In the same vein, users have a right to access and rectify data concerning themselves in accordance with the law of 6 January 1978.

    The automated handling of data, including the management of website users’ email addresses, was the subject of a declaration submitted to the CNIL (French data protection authority) on 5 January 2010, registered under number 1404840.

  12. Article 12 – Settlement of disputes

    These online general terms and conditions are governed by French law.

    The parties will endeavour 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 SCULPTEO 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 from the Professional Chamber of Mediation and Negotiation (Chambre Professionnelle de la Médiation et de la Négociation - CPMN), due to its professional, independence, neutrality and impartiality guarantees. To submit the case, one of the parties should give the mediator the authority to organise a meeting which the other party must attend within one month of the request. To organise 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 honoured.

    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 OBJECT. Nevertheless, in case the CUSTOMER is considered as a professional, the courts under the jurisdiction of the Court of Appeal of Versailles will be solely competent.

    For more information or if you are not entirely satisfied with services provided by SCULPTEO, contact our Customer Service Department:

    - By email contact@sculpteo.com
    - In the USA: +1-800-814-1270; - or in France: +33 1 83 64 11 22;
    - Postal address:

    SCULPTEO
    Customer Service
    89 rue Gouverneur Eboué
    92130 Issy-les-Moulineaux
    FRANCE



Last update : Feb 10 2014