Le présent site web www.freelabster.com est la propriété de la société P2G CAPITAL qui l’édite.
Société P2G CAPITAL, Société à Responsabilité Limité au capital social de douze mille euros (12.000€), immatriculée au Registre du Commerce et des Sociétés de Nice sous le numéro 818 624 884 dont le siège social est situé 37 rue du Docteur Pierre Richelmi, TVA Intracommunautaire n° FR49818624884, éditeur du site internet « http://www.freelabster.com » et du compte Facebook « https//www.facebook.com/freelabster ».
14 avenue Jean-Médecin
Amazon Web Services LLC
P.O. Box 81226
CONDITIONS GÉNÉRALES FREELABSTER.COM ET DONNEES PERSONNELLES
Last update : Translated in full and terminated 04/12/2017
This document acts as a guide for all users of the global terms and conditions of “http://www.freelabster.com/fr” It should be noted that this document is not specific to the UK.
The internet site « http://www.freelabster.com » is a 3D collaborative printing platform which was developed to facilitate printers to get in contact with clients wishing to make objects by means of 3D those modelling and printing. The General terms and conditions outlined below apply to all our proposed services.
These General terms and conditions are between :
P2G CAPITAL (mentioned henceforth as « P2G »), a limited company with a capital of 12 thousand euros (12.000€), registered at the Chamber of Commerce in Nice, France under the registration number: 818 624 884 00016. The P2G head office is located at 14 avenue Jean Médecin 06000 NICE, Intercommunity VAT no. FR49818624884, website editor « http://www.freelabster.com » and Facebook « https//www.facebook.com/freelabster».
Website Host Company : Amazon AWS
Any person (henceforth named as « Freelabster ») with intention to 3D print an object by means of the intermediary aforementioned P2G internet site: « http://www.freelabster.com »,
By these terms and conditions
« P2G » : denotes the company which has full rights to the platform regrouping collaborative 3D printing projects on the site « http://www.freelabster.com ».
« Website » :denotes the overall online services proposed by P2G.
« Products » :Describes the ensemble of files openly available on the « http://www.freelabster.com » website as well as any files supplied to Freelabster by the client.
« Project » : denotes the order.
« Freelabster » : denotes the physical person who has committed to propose their 3D printing services to another physical person; by means of the aforementioned website, in exchange for a price agreed upon by both parties.
« Client »: Denotes the physical person who has accepted a 3D printing proposal for a requested object.
« Object » Denotes all those 3D prints effectuated by Freelabster
“FABTORY” denotes those “FABTORY” terminals present in our partner BOULANGER© shops which permit the client to order reproductions of an object in 3 dimensional form effectuated by one of the Freelabsters.
Both parties agree that their contractual relations are exclusively governed by the General terms and Conditions.
CLAUSE 1 : PRODUCT CHARACTERISTICS AND PROPOSED SERVICES
1.1 Service Objective
P2G offers a collaborative 3D printing service.
The services offered by P2G, by means of its website, is to provide an online platform which allows a Freelabster to be put in contact with those clients who require 3D printing services.
1.2 Services offered
P2G permits the client to select files freely from its databank which is accessible from its website« http://www.freelabster.com». P2G does not own these files. The greater part are licensed by “Creative Commons”.
The client is permitted to use his own files to 3D print. The Freelabster selected by the client will produce the object in accordance with the client’s stipulated preferences such as: characteristics, colour, type of material and size.
1.3 Required Material
The client should have a computer as well as internet access. The cost of these two elements are both at the client’s own expense.
CLAUSE 2 : AUTHORISED CONTENT
2.1 : Client liability
The client alone is responsible for the content it supplies to P2G via its internet site (http://freelabster.com) or any other form in usage such as the “FABTORY” terminal and the client herewith agrees to respect those content restrictions as outlined in article 2.3 of the present conditions.
2.2 Freelabster’s obligation to inform P2G
It is Freelabster’s responsibility, if it deems an order to contravene those restrictions laid out in article 2.3, to exert its right to refuse the execution of any such order and to notify P2G without delay via the e-mail address mentioned in article 14 of the present conditions.
2.3 Content restrictions
P2G has the right to refuse, at any moment, the production of any object(s) it considers could be or will be used for bad practices or public order as well as any object(s) which is has intellectual property rights. Although the list is not exhaustive, such objects will include any racist or discriminating objects, firearms, any logo, or make whereby the rights are not owned by the client.
P2G will judge whether such an object(s) falls within those aforementioned categories stipulated in clause 2.2. The client can at any moment contact P2G directly if his printing order is refused as long he respects this clause.
CLAUSE 3 : CLIENT OBLIGATIONS AND LIABILITY
P2G clients herewith confirm that they are adult and not under financial tutelage at the time of ordering.
3.2 Information veracity
The client commits to furnish with precision, all relevant elements of his/her personal and professional data that are required to complete the ordering process
In the case that information may be erroneous, P2G and the Freelabster cannot be held responsible for any subsequent impediment caused to the shipment of the order or orders to the client.
3.3 Responsibility of Online Content
The client alone is responsible for all content that he or she uploads onto the P2G website and transmits to Freelabsters. The client therefore herewith accepts all laws and rules in use as well as those restrictions laid out in article 2 of the current terms and conditions and all rules respecting intellectual property as stipulated in article 10.
The client is bound to respect the present conditions as well as the rules of good conduct laid out on the internet. By doing so the client will on no account use the site P2G to collect personal information on other users nor will the client send undesirable mail or to publish undesirable messages or “spams”. The client will not use any such information to insult, harass other users or to access illicitly other sites or servers.
The client promises that he will at no moment take any measures to harm or perturb the performance or the effective operation of the P2G site.
3.5 : Obligation to make payment
The client will make payment on the validation of his online purchase. This price is the one which he/she has contracted, in euros (€) and is determined by the tarif base indicated on the site at the moment of purchase.
3.6 Order Tracking
The client agrees to acknowledge receipt of his order once it is according to his expectations. In the event whereby P2G is informed that no validation has been made by the client, P2G will put into action all procedures necessary to contact the client. If the client does not manifest itself within a period of fourteen (14) calendar days after the aforementioned procedure has been initiated, the site reserve the right to perform a manual validation.
In the case whereby the client does not uphold his/her obligations, P2G has the right to take those measures esteemed necessary (including, where necessary, blocking access to those services proposed by the site) to preserve the continuity of its site.
CLAUSE 4 : FREELABSTER OBLIGATIONS AND LIABILITY
4.1 Quality Charter
The Freelabster must take into account and respect the Freelabster Quality Charter which can be found in « Helpdesk ». This charter must be accepted at each commercial proposal to a client.
4.2 Behaviour and non disclosure of Personal Data
The Freelabster is bound to respect the present conditions as well as those rules of good conduct stipulated on the internet. In the exact same way as the client, the Freelabster will never use the P2G site to collect any users’ personal information, send undesirable mails or publish undesirable messages or “spams”. Likewise the Freelabster will not insult or harass other users or access illicitly other sites or networks or servers.
The Freelabster will at no moment take any measures which could perturb or inhibit the P2G site’s performance or effective operation.
Furthermore the Freelabster will at no moment make direct contact with any P2G client.
The Freelabster will at no moment divulge his phone number, address or postal address or any other personal information to P2G clients.
P2G reserves the right to close a Freelabster account.
4.3 Commercial Propositions
All Freelabsters agree to evaluate the feasibility of each project with respect to those materials available to him before providing a proposition.
The Freelabster’s commitment to a project is definitive once he has put his proposition online. Once committed to the project the Freelabster is thereafter not permitted to, retract his proposition unless it is due an incompatibility in the material requested to carry out the project.
It will be considered by Freelabster.com as a violation of those conditions stipulated in this document, should the Freelabster not respect his commitment or indeed should the Freelabster retract his proposition for reasons of negligence in performing his feasibility study. P2G will take all measures deemed necessary for any such violation, including the closure of the Freelabster’s account
The Freelabster agrees to complete each project within the agreed time delay established at the time of order.
To ensure that deadlines are met, the Freelabster can verify the length of time remaining by logging into his dashboard.
The chosen Freelabster is held to respect all terms and conditions laid out in the commercial proposition.
The Freelabster is aware that the the printed product’s conformity with the order is his sole responsibility. Likewise the Freelabster is solely responsible for the quality of the final printed product.
In the case, whereby the Freelabster fails to deliver high quality work conform to all specifications, the client has the the right to refuse its validation. The refusal of the aforementioned validation will result in the non payment of the Freelabster until the aforementioned work is re-made, and is in accordance with quality standards and conform to all requirements.
If the Freelabster is unable to effectuate a new delivery, P2G will ensure that the aforementioned work is redone.
4.5 Client Relationship loyalty Obligation
The certified Freelabster is considered to have a reliable amount of 3D printing and/or modelling experience. Should any order appear to have characteristics which may be unsuitable or impede the project’s final production, it should be clearly stipulated in the client offer thus ensuring that the client has been informed. If the Freelabster should have any reasonable doubt concerning the specifications stipulated by the client whereby the aforementioned could impinge on the successful fabrication of the model required of the final result, he is at liberty to contact the client via the section « public questions »
In consequence, any Freelabsters who knowingly produces work which is infeasible and therefore cannot meet the client’s specifications he / she must take responsibility for it.
Similarly any Freelabster who knowingly produces and/or delivers work which he/she has had a reasonable doubt with regards to its specifications can only exonerate of his/her responibilties if there is proof that he /she expressed his/her doubts clearly.
4.6 : Full Comprehension of terms and Conditions
The Freelabster is bound to respect all those obligations stipulated in articles 2.2 and 10 of the present terms and conditions
The Freelabster agrees adhere to all present terms and conditions stipulated in this document and to not divulge to a third party under any circumstance the content of those projects that he or she (the Freelabster) effectuates for P2G clients.
All those documents provided by the client to facilitate the conception of their 3D project remain confidential from the moment that the Freelabster receives them.
On the project’s delivery, the Freelabster agrees to return to the client the requested printed articles as well as all files which could impact upon the development of the client’s project.,
Once the hand-over of article(s) and files has been effectuated, the Freelabster must destroy all documents relative to the printing and/or modelling of the aforesaid article(s). The Freelabster will respect at all times the property rights and intellectual property rights of each client.
In the case whereby the Freelabster does not uphold his/her obligations, P2G has the right to take those measures esteemed necessary (including, where necessary, blocking access to those services proposed by the site) to preserve the continuity of its site.
CLAUSE 5 : ORDER PROCESS
5.1 : Order
To effectuate the 3D print of an item from a Freelabster, the client must follow the website’s online ordering procedure. This procedure follows the steps outlined as per description below:
- Download a file or select a model from the website library. If it is a personalized object, the client should upload his content using the file format stipulated on the website accordingly.
- The website provides an estimated price based on volume and the amount of material required to make the requested object. Once the client procures the credits to the equivalent amount; the project can start.
- The client must supply all necessary billing information so that billing of the transaction can be completed.
- The Client must confirm his order on verification of all data.
- The Freelabsters are invited to bid and submit to the client an offer with the price at which they can 3D print the client’s project.
- Once the feasibility study has been effectuated for the client, the client will select the Freelabster of his choice,
5.2 : Order validation
Whether the client wishes to print an object from the « http://www.freelabster.com » online library or from his/her own file, it is obligatory that all contact details stipulated on the P2G website are completed, that a payment is made so as the account is in credits (in accordance with the website’s condition), and that the order has been validated after having verified the billing and delivery addresses.
Validation of an order signifies the acceptation of all current general terms and conditions, and it is seen as a demonstration that a full understanding of them has been reached. The acknowledgement that these Terms and Conditions prevail over any and all other conditions that the Purchaser may wish to apply to the transaction
The « click » on the « Validate » button will validate the order. The action of clicking on this button is a commitment and is esteemed to have the same value as an electronic signature between the two parties. This action is legally binding and it holds the same significance as a paper signature.
Once the order has been made the client will receive a recapitulative confirmation by email from P2G. After the Freelabster has accepted the order, P2G will automatically send confirmation to the client’s account at his/her user email address at “http://www.freelabster.com”. If the client detects that there are any errors in this order; he/she must contact P2G as quickly as possible. However, in the event that the Freelabster has already started making the print, the project can be neither cancelled nor modified.
All data saved and conserved by P2G will be used to track all transactions between P2G and its clients.
The Freelabster must inform P2G of the status of each and every of its order(s) in progress so that P2G can follow up and inform its clients (by email or by means of the dashboard). All contact by email will be executed by means of the email address supplied by the client on « http://freelabster.com » website.
5.3 : Delivery
By means of his dashboard, the Freelabster will agree together with the client the exact location of the object’s delivery point.
The Freelabster must ensure that the delivery time is within the timescale agreed in the project details.
If a delay in delivery is foreseen by the Freelabster, the Freelabster must inform P2G and his/her client immediately.
Projects should be delivered to the address stipulated by the client during the ordering process.
On delivery of the object(s) The Freelabster is strongly advised to supply the client with the thank-you form which includes all instructions relative to those object(s) printed. This form can be found in the Freelabster dashboard.
From the moment that the object(s) are in the client’s own possession the object’s cleanliness and any risks which may accompany this are at the client’s own risk.
P2G does not undertake at any moment, the manufacture or the delivery of the ordered object. P2G cannot be held responsible in the event of any defects in the order or delivery problems However, the client should inform P2G of any such problem that he/she may encounter.
CLAUSE 6 : TARIFS AND PAYMENT
6.1 : Price-fixing
The prices of library objects (which correspond to an estimate in the fabrication costs) are published on the website « http://www.freelabster.com », as well as the the indicated prices for personalised orders made by a Freelabster are in euros with VAT inclusive. The client must, however add shipping costs. The VAT and likewise the shipping costs will be indicated on the bill.
Orders are payable according to the estimate chosen by the client and at the time of the order’s creation. This is regardless of the country of origin from where the order was made. The estimate is selected from the ensemble of estimates proposed on the web site.
P2G declares that the prices for all objects displayed for sale in the library are indicative and they are subject to modification without warning at any time. Such a change will have no effect on any order which is already confirmed by the Freelabster and has been paid for by the client.
The client is responsible for all Customs charges and formalities for those deliveries outwith the EU unless otherwise stipulated on the Order form.
It should be noted however that it is the client’s responsibility to verify all importation regulations so as to ensure importation of the ordered object(s) is authorised by the destination country.
Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments made on the website “http://www.freelabster.com/en”. We may charge the Client and the Client will pay applicable indirect taxes that we are legally obligated or authorized to collect. The Client will provide such information to us as reasonably required to determine whether we are obligated to collect indirect taxes. The Client will not pay any indirect tax for which he/she furnishes us a properly completed exemption certificate.
Especially, for those orders and deliveries effectuated out with France but within the European community, the general tax code relating to VAT will be applied accordingly (unless stated otherwise in the order confirmation). Thus, as a professional Client domiciled out of France but within the European community, the Client will provide us with his/her intracommunity VAT number.
6.2 : Means of payment
The client can pay by a card transaction. Those cards excepted are : debit cards, Mastercard & Visa.
P2G does not conserve bank card data. No such data is directed through their servers.
Payment is effectuated on line via the secured banking: STRIPE.
6.3 : Payment process
Before validating a project, the client must credit his/her account to the same amount as the estimated manufacturing costs as marked on the website.
If the Freelabster proposes a price which is superior to the website’s estimated price, the client must credit his/her account with the difference before validating the printing of his project.
If the Freelabster should propose a price which is inferior to P2G’s estimated price, the difference in this pricing will be held as a credit on the client’s account which can be then used to carry out future orders.
All payments made by the client to credit his account will expire after a period of 2 years. Once this time has elapsed and the expiry date has been reached, the client will be unable to use the credit to effectuate any new order with a Freelabster via the website. Credits can be neither exchanged nor refunded. Those credits which remain unused can be neither transferred to another account on the website nor to a bank account, subject to the rules of article 7.
The order amount is debited from the client account at the moment that the Freelabster has been selected and validated. The credit transfer to the Freelabster is done once the client has validated reception of the project.
If after fourteen (14) calendar days following the project’s reception, the client does not manifest him/herself, the Freelabster can contact the P2G client service which will do everything in its power to contact the client.
All bills are available on the P2G site under the heading “My Account” where each project is detailed.
The Freelabster will be able to request the payment of its balance of credits once the sum of thirty euros (30 €) has accumulated on his/her Freelabster account. The Freelabster will receive the payment within a period of fourteen (14) calendar days.
To close an account, the Freelabster must pay the administrative fees of up five euros (5€) depending on remaining credits on his/her Freelabster account. No payment or credit recharge will be required for this operation.
6.4 : Price allocation
The payment received by the Freelabster corresponds uniquely to the printing cost. No cost valuation linked with the object’s destined usage is accepted.
P2G will receive 15% of the price of each order via its site “http//:www.freelabster.com”. This commission corresponds to the platform’s ongoing editing costs as well as its service of putting the Freelabster in contact with their clients.
CLAUSE 7: REFUNDING
In the event whereby P2G is unable to offer the client a minimum of two (2) Freelabsters who are able to carry out the print order, at a price at most 30% higher than the estimated price, within a period of two (2) working days,the client has the right to request the relaunch of the aforementioned order. P2G will therefore herewith contact new Freelabsters to obtain propositions.
If the client does not wish to re-start his order and prefers to abandon it, it will be possible to ask for a reimbursement. The payment will be then cancelled and the client will be re-credited by the amount stipulated in the payment estimate,deposited by the client at the point of purchase on http://www.freelabster.com
The reimbursement will be done within fourteen (14) calendar days as from the order date.
As P2G acts as an intermediary body, P2G cannot guarantee the performance of its Freelabsters. As a consequence, if the Freelabster does not carry out the print or the print does not correspond with the ordered product, the client should address his reclamation to the concerned Freelabster.
In the case where the printed product does not correspond with what was ordered the client will benefit from two options. The client can request the Freelabster to reprint the product free of charge or the client can request his/her account to be re-credited the amount originally paid for the aforesaid product. In this case, the Client will be able to use the credits for another two (2) years.
If in all events,the client does not wish to use the credits which he/she deposited in her account, the client is within his rights to ask for for the total amount minus the P2G commission to be repaid into his bank account..
CLAUSE 8 : RETRACTION RIGHTS
8.1 : Rights of Retraction by P2G
PG2 reserves the right, by its own discretion to accept or reject an order during or even after the Freelabster’s acceptation of the order. This can be for technical or other reasons such as the 3D print’s technical unfeasibility or in the case that the object goes against the general terms and conditions or any applicable law or regulation or in the case of the client’s non- payment of the totality of the order’s cost.
8.2 : Rights of Retraction by the Freelabster
Once the Freelabster has been chosen by the client, he/she will be obliged to complete the 3D printing services that he/she has proposed to that said client.
It is only possible for the Freelabster to retract in the case of articles 2 and 10 of the present conditions or in the case that Freelabster finds the object appears to be contrary to public order, current legislation, morally wrong or if there are existing intellectual or industrial property rights. If the one of the aforementioned is the case the Freelabster must not carry out his service and is obliged to immediately inform P2G using the email address which figures in article 14.
8.3 : Rights of Retraction – client
The right of withdrawal cannot apply in accordance with the provisions of Article L221-28 of the Consumer Code as it regards objects chosen from the online library or from files supplied by the client to the Freelabsters. The retraction is notably excluded for those orders « Supplies of goods made according to consumer specifications or clearly personalized ».
CLAUSE 9: P2G RESPONSIBILITY
9.1 : Website operation
P2G only holds an obligation for the particular use of all the tools made available to its customers on its site, inclusive of those technical elements present in ordering process.
P2G will try to ensure the availability of the website 24/24 hours 7/7 days. However P2G cannot be held responsible should the website become unavailable for reasons such as updating of the website, maintenance or the servers unavailability.
9.2 : Files transfert
P2G has no control over the file content transmitted by its clients to the Freelabster and declines all responsibility in this respect.
9.3 : 3D Printing
P2G is not a printer and is purely a platform which puts client and Freelabster in contact with one another. Being so the case, P2G does not guarantee the quality of the 3D prints effectuated by the Freelabster and in the same manner cannot be held responsible in the case that those objects are faulty or those which do not correspond to the client’s order.
P2G does not guarantee the quality of the objects supplied by means of its printing service unless it can be proven that P2G is at fault.
All reclamations linked to the object’s 3D print should be directly addressed to the Freelabster.
The Freelabster cannot hold P2G responsible for any incident linked to 3D printing orders such as a fire or any problem which is linked to damage to the machine.
9.4 : Use of the printed object
Any inherent consequences to the client such as allergic reactions to the materials used for the fabrication of the object or an incident linked to the inappropriate utilisation of the object other than its normal usage is neither at P2G’s risk nor P2G’s responsibility.
The client recognises and accepts that P2G cannot be held responsible for direct or indirect damages, accidents or compensation for moral harm, costs and loss which could happen during the utilisation of the object.
The client must respect all those safety conditions laid out in the thank you document provided on delivery of the object and indicated herewith:
- Do not inhale or swallow this object
- This object is not to be put in the mouth
- Keep this object away from children
- Do not put this object next to heat
- This was designed for a certain usage. Do not use this object for any other purpose
- Inform the Freelabster and a member of the Freelabster.com that all aspects of this object appear normal
CLAUSE 10 : INTELLECTUAL PROPERTY
P2G is authorised to check the data content of any 3D file sent by the client. However the client is solely responsible for the file content which he/she has sent to Freelabster and P2G via the website or any other means.
The client maintains ownership of all files for 3D printing transmitted to P2G or to the Freelabster.
P2G guarantees that all available files from its online library are under license for free usage such as « Creative Commons » or indeed have the same rights as “Creative Commons” files. P2G cannot be held responsible for the non- respect of intellectual property present on its site.
P2G can in this case withdraw a model from the online library by the written request of the model’s owner. The latter can address such a request to the email address which figures in the last article of the present conditions.l
The client declares the right to detain all intellectual property and industrial rights which relate to any 3D printing files which have been supplied to the Freelabster and also in general terms any document which he/she entrusts to P2G. If the client is not the author of a file, he/she must guarantee that model is not licensed and is similar to the type of filed used by Creative Commons. If the client does not have the author’s authorisation of the foresaid 3D model; the client does not have the right to order its manufacture on the P2G website.
The Client guarantees that P2G will not have any element which allows a third party to vindicate his/her intellectual or industrial property rights or any other private personnel right.
P2G will not be held responsible for the non-respect of intellectual property for any files submitted by the clients to a Freelabster.
The Freelabster is held by obligation to inform P2G immediately through the email address which figures in article 14 of the present terms and conditions of any potential violation of intellectual or industrial property incurred by a client.
If P2G is warned that a client has violated intellectual or industrial property rights, by a third party P2G will take those measures it esteems as necessary to assure the longevity of its website.
The client is committed to strictly personal usage of all the objects proposed and presented in the website catalogue present on the website «http// www:freelabster.com and those objects licenced under « Creative Commons » or any similar file provider. The client cannot, under any circumstances, make use of any printed object for commercial usage.
The client will grant P2G free of charge the right to use photographs of work done thanks to files provided by the client to the Freelabster. This will be used on a temporary basis for promotional reasons or to illustrate the talent of a Freelabster.
If the client wishes to oppose the aforementioned usage he must expressly inform P2G via the email address which figures on article 14 of the present terms and conditions.
CLAUSE 11 : ANNEXES SERVICES
This article completes the precedent legal rules. In case of conflict the legal rules of articles 1 to 10 predominate.
11.1 : Specific conditions relative to users of the “FABTORY” Terminal
11.1.1 Procedures of usage
The “FABTORY” terminals which are present in partners BOULANGER© permit the clients to order a reproduction of 3D objects which is effectuated by one of the Freelabsters.
In order to carry out the order, the client must follow the indications which are marked on the terminal
The client agrees to respect the indications and warnings which are communicated while using the “FABTORY” terminal. In particular, he must only place one article on the plate at one time. Such articles must be conform to all indicated restrictions of weight and size. Futhermore the client must handle those parts of the terminal with precaution, notably while opening and closing the door. Finally he must limit his order to the number of authorised copies which is a maximum of three (3) copies.
After verification of the exactitude of the data supplied by the client, the client will confirm his order by a link which will be sent by texto. This texto will permit access to a dedicated client area and allow the client to follow all information linked to his order. A message will be sent to the client indicating when the object will be available in the shop.
The Client is held to the obligations mentioned in the general terms and conditions of usage available on the website “http://www.freelabster.com” In particular the client must respect articles 2,3 and 10 of the aforementioned terms and conditions.
In addition the client is informed that his personal data (name, address, email and telephone number) are collected to ensure a quality service. As indicated in the document “Personal Data”, these informations will not be used for commercial or marketing means.
In the case of questioning or difficulties experienced during the tracking of the order, the client can get in contact directly with P2G Client Service via the Freelabster.com website.
11.1.2 Realisation of Order
On the moment of reception of the object, P2G will take responsibility for the scanning and entrust the realisation of a copy to one of the Freelabsters.
The Freelabster chosen by P2G must respect the obligations laid out on its website in the conditions of general usage “http://www.freelabster.com” which he/she agreed to at the moment of inscription
11.1.3 Industrial Property
The client pledges to P2G to on no account transmit any elements to a third party to revindicate intellectual or industrial rights or any other private personal right.
As indicated in article 10 of the present terms and conditions, the Freelabster is held to warn P2G without delay if he remarks that the object he is producing is morally wrong or goes against public order of those laws and regulations in usage concerning intellectual or industrial rights and more generally to the present terms and conditions.
By the means of client alerts and the Freelabsters obligation to be knowledgeable, P2G has put in place rules of good practice to fight against counterfeit goods and all other attacks on intellectual and industrial property rights.
In this respect P2G will not be held responsible for the non respect of intellectual property for those objects entrusted by the client.
The client will be advised by texto when the copy of the desired object will be delivered. He can collect it in the partner BOULANGER© shop where he disposed his object.
In the case where the object is damaged or it is lost in transport, the client must address the transporter. P2G can not be held responsible for damages caused during transport.
11.1..5 Payment and Validation
On ordering the client will enter all relevant information and his banking details but he will only be debited once P2G esteem the reproduction can be carried out properly and that the object is in line with the present terms and conditions.
The order will be validated as soon as the Client has collected the object in he partner BOULANGER© shop.
The Freelabster will receive the payment which corresponds with the printed work within a period of fourteen (14) calendar days as from the date of P2G’s validation.
P2G can at any time withdraw or refuse to scan and to print an object in the case that it is apparent that it goes against public order or is morally unacceptable or it goes against current regulations or it violates intellectual or industrial property rights.
If P2G exercises its right to retract, the object will be sent back to the BOULANGER© partner shop where it was originally deposited.
In accordance with article L221-28 of the consumer code, retraction rights cannot be applied for “personalised” products, files furnished by the client. Notably retraction is not applicable for those orders made according to the consumer’s specifications or significantly personalised.
11.2 Conditions specific to users of the “HAPPY 3D” Service
After verification of the exactitude of the overall data, the client will confirm his/her order. The Freelabsters will position themselves and provide the client with their commercial estimates in which the price at which they can complete the desired service will figure.
P2G will be thereafter responsible for the Freelabster chosen by the client. Once the choice is confirmed by P2G, the client and the Freelabster will be held to uphold all obligations mentioned in the general terms and conditions of usage.
CLAUSE 12 : SETTLEMENT OF DISPUTES
The interpretation and execution of the current general terms and conditions and the relationship between P2G, Freelabsters and clients are governed by French law.
The parties undertake to endeavour to settle any disputes, whether amicably or in good faith, which may arise between them concerning the interpretation, partial or total execution or non-performance of these General Conditions.
The client or the Freelabster will address P2G as a matter of priority to achieve a amical solution.
In the case of a professional client, the dispute will be submitted to a mediator of the Professional Chamber of Mediation and Negotiation (« CPMN »).
One of the parties will then have to mandate the mediator to organize a meeting with the other party within one month of the request. The mediator will send a letter with acknowledgment of receipt to each party indicating the date, time and place of the meeting. The mediator’s costs of intervention shall be fairly distributed among the parties who undertake to participate in at least one meeting with the mediator in order to find an adequate solution to the dispute.
If the parties are unable to come to an agreement, this current clause shall be deemed honoured.
Any dispute or dispute between the parties arising out of or in connection with these General Terms and Conditions, concerning their application, interpretation and / or liability, which could not be settled amicably by the Parties, shall be submitted to the competent courts of Nice.
If the client is a consumer, the international competence regulations relative to the consumer law will be applied.
CLAUSE 13 : MODIFICATION OF GENERAL TERMS
P2G reserves the right to modify all general terms and conditions at any moment. Should P2G do so, the applicable conditions will be effective according to the order date. The general terms and conditions take precedence over all other general terms and conditions which are not expressly approved by P2G.
CLAUSE 14 : CONTACT
The Client and the Freelabster can contact the P2G team directly by mail at email@example.com. This e-mail address can notably be used to signal any behaviour which would seem to violate the present general terms and conditions
The transaction history on the website « http://www.freelabster.com » will be conserved in accordance with the legal duration allowed for the conservation of personal data. The data provided by the client is subject to computerized processing and can be modified without the prior notification of the customer, in particular for the advancement of the status of his order.
User data processing is supervised by Mr Benjamin PESTEL
Such data is uniquely used to ensure good management of those services offered by P2G. They permit P2G to operate and closely follow all orders as well as to help users follow website procedures
As indicated on the form, the communication of this data is obligatory. In the event of a refusal to communicate this information it is impossible for obvious technical reasons to use the services offered by P2G.
The P2G teams are the sole destinator of collected information. No data will be communicated to a third party without the permission of the user.
The data conserved for a specific duration are as follows:
- All data relative to the identity and contact details is conserved for up to 2 years after the closure of a user’s account.
- The transaction history is conserved for a period of 2 years as from the date the transaction occurred.
In conformity with the data processing and liberty law ruled on the 6 january 1978, and henceforth modified on 6 august 2004 and the 7 october 2016 respectively,the user has a right to access, oppose, limit and rectify the data concerning him and the information of a personal nature relating to the users can be subjected to an automated treatment.
These rights can be executed by mail to the following address : 14 avenue Jean Médecin, 06000 NICE or by electronic mail to the email address firstname.lastname@example.org
The user is from that moment informed that he can avail himself of the rights listed in Section 2 of Chapter V of the Act of 6 January 1978.
Notably, every user can contact P2G at the above mentioned address in order to obtain confirmation of whether or not his/her date is being used to obtain information for data processing purposes. He/She can equally request, at his/her own cost a copy of his/her data. Lastly he can execute is his/her “Right to be Forgotten” on condition that it meets all existing legal conditions and regulations. If it is deemed necessary, P2G will delete all data concerned as rapidly as possible.
The user can equally define conservation guidelines as to the conservation , deletion and communication of his/Her personal data after his/her death.
In the case where the use is not in agreement with the said procedures laid out by P2G for data protection, it is possible to submit a claim to the National Committee of Liberty and Data.
P2G reserves the right to collect data from its clients through the usage of cookies. Should P2G wish, this information can be shared and transmitted to its commercial partners.
The client has the right to oppose any disclosure of contact details by notifying P2G directly.
Security and confidentiality
The client is informed that the automated treatment of information; notably the management of users email addresses, has been declared to CNIL. No data shall be divulged to a third party without the client’s accord.
P2G commits to ensuring the confidentiality and security of data, in accordance with current data protection methods.
P2G commits to ensuring that all precautions are used to preserve data security such as the prevention of deformation, damage of, and/or the access to non authorised information. In particular P2G commits to respect all prescribed methods to which these methods should comply.