Preamble
The present general conditions of sale govern the relationship between, on the one hand, VISTORY, a « société par actions simplifiée » (simplified joint stock company) with a capital of 150,000 euros, whose registered office is at 13 avenue Morane Saulnier – 78140 Vélizy-Villacoublay, registered with the Versailles Trade RCS of Versailles under number 809 772 825, VAT number 809 772 825 (hereinafter referred to as “VISTORY”) and on the other hand, any individual or legal entity wishing to make a distance purchase via the VISTORY website http://www.fastrepro.com (hereafter referred to as the “CUSTOMER”).
The parties agree that orders placed with VISTORY via the internet are governed are governed exclusively by these general terms and conditions terms and conditions of sale, except in case of application of public order provisions. VISTORY reserves the right to modify its terms of sale at any time. at any time. In this case, the applicable conditions will be those in force moment of the final validation of the CUSTOMER’s online order, whether the
order, which the CUSTOMER expressly accepts by ticking the appropriate during the ordering process. These general conditions of prevail over any other general or special conditions not conditions not expressly accepted by VISTORY.
Article 1 – Characteristics of the goods and services offered
VISTORY
offers a personalised on-demand 3D printing service (hereinafter referred to as the called the “SERVICE”), from a file provided by the CUSTOMER (hereafter referred to as the “OBJECT”).VISTORY reserves the right to refuse, at its own discretion, the order of OBJECTS that contravene public orderpublic order or morality, as well as an OBJECT obviously infringing the intellectual property rights of a third party. In in particular, but without this list being exhaustive, the creation of firearms objects of a racist, discriminatory, pornographic or violent nature without or representing violence without being a work of art, as well as any insignia insignia, brand, character, the intellectual property rights of which clearly do not belong to the CUSTOMER will be refused by VISTORY.
VISTORY reserves the right to refuse at its own discretion the order of OBJECTS
that do not comply with the applicable standards for 3D printing, moulds and tooling.
Article 2 – Prices
Prices are indicated in Euros and are only valid on the date the online order is placed by the CUSTOMER. They do not include delivery charges, which are invoiced in addition and indicated before the order is finally confirmed.
Prices are indicated exclusive of tax and inclusive of all taxes, taking into account the VAT applicable on the date of the order. Any change in the applicable VAT rate will automatically be reflected in the price of the order.
For orders and deliveries made outside French territory but within the European Union, the provisions of the General Tax Code relating to VAT shall apply. For all deliveries outside the territory of the European Union, customs taxes and formalities are, unless otherwise indicated on the order form, the exclusive responsibility of the CUSTOMER, who undertakes to check the possibilities of importing the products into the country of delivery.
VISTORY reserves the right to increase the price agreed for the order of an OBJECT still awaiting delivery due to changes in the raw material and/or the economic situation or any other circumstance having the effect, directly or indirectly, of making the production of the OBJECT considerably more expensive, than at the time of the validation of the order concerned. In such cases, the company may cancel all or part of the order, subject to the price increase, within four (4) weeks from the date of confirmation of the order by VISTORY.
VISTORY is also entitled to increase the previously agreed price if the delivery time is subsequently delayed for one of the reasons mentioned in the above paragraph, or in the following cases:
The CUSTOMER modifies the material or the production method in relation to the initial order, by mutual agreement with VISTORY, thus causing a delay in delivery;
The CUSTOMER’s documentation and/or instructions do not correspond to the actual circumstances or are incomplete;
VISTORY does not receive the information necessary to execute the order in time.
Article 4 – Order confirmation
A confirmation email summarising the order will be sent to the CUSTOMER by VISTORY.
The contract of sale of the OBJECT will be concluded when VISTORY has had the opportunity to check the details of the order and its total price, and to correct any errors. VISTORY reserves the right to reject the order and refund the CUSTOMER, in particular if the IMAGE (as this term is defined herein) or the OBJECT does not correspond to the 3D printing standard. The refund will be made by any means of payment within fifteen (15) days following the sending of the confirmation email.
The data recorded and kept by VISTORY constitute the proof of all transactions between VISTORY and its CUSTOMERS.
Article 5 – Execution of the order
VISTORY has the right to mandate different (different) partners to manufacture the OBJECTS and the IMAGE (as this term is defined herein) provided by the CUSTOMER may be shared with the partner(s), which the CUSTOMER acknowledges and accepts.
The partner is: ERPRO GROUP (828 400 556 RCS PONTOISE).
VISTORY and/or the partner(s) have the right to modify the technical details of the CUSTOMER’s IMAGE (as this term is defined herein), to the extent necessary for the production of the OBJECT.
Article 6 – Availability of materials
VISTORY reserves the right to suspend the OBJECT personalisation service at any time for a period to be determined by VISTORY or in the event of a raw material shortage or in the event of a breakdown of the material used to manufacture the OBJECTS.
In case of unavailability of materials used to manufacture the OBJECTS:
Definitive unavailability: VISTORY undertakes to reimburse the CUSTOMER for any missing OBJECT at the latest within 30 days following the date of notification of the definitive unavailability made to the CUSTOMER.
Temporary unavailability: VISTORY informs the CUSTOMER of the date when the OBJECT will be available. The CUSTOMER then has the possibility to maintain his order with these new delays or to cancel it. In the latter case, VISTORY commits to reimburse the CUSTOMER for any missing OBJECT at the latest within 30 days following the date of the cancellation request sent by the CUSTOMER.
Article 7 – Delivery of the OBJECTS – Retention of title
The delivery is made by parcel, by the most appropriate means according to the to the address indicated by the CUSTOMER when placing the order. VISTORY will do its utmost to ensure delivery within the deadlines indicated when the the order for France and as soon as possible for other countries from from the reception of the payment of the order. The times indicated
when the order is validated are the usual average delivery times and correspond to processing and delivery times. VISTORY undertakes to inform the CUSTOMER of any foreseeable delay in delivery.The ownership of the OBJECTS and the related risks are transferred to the CUSTOMER when they are handed over to the carrier.Any anomaly concerning the delivery (damage, OBJECT missing compared to the delivery the delivery note, damaged package, broken OBJECTS, etc.) must be must be specified in detail on the delivery slip in handwritten
in handwritten form, in the “Reservations” section intended for this purpose and must be signed by the CUSTOMER. For these be taken into account, the CUSTOMER must confirm this anomaly by the carrier and VISTORY, within (3) working days of the delivery date, in writing. days following the delivery date, a registered letter with acknowledgement of receipt with acknowledgement of receipt setting out said claims. Failing this, any complaint will be rejected, any OBJECT being presumed to conform to the CUSTOMER’s order.
Article 8 – Payment methods
The following payment cards are accepted: VISA, CB and MASTERCARD.
The CUSTOMER confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it.
Payment of the price is made online, by bank card, at the time of final validation of the order by the CUSTOMER, using the STRIPE secure online payment system. STRIPE incorporates strong authentication devices and is PCI certified. The CUSTOMER contracts directly with STRIPE and accepts STRIPE’s general terms and conditions, which can be consulted here. By definitively validating the order and proceeding with payment, the CUSTOMER expressly agrees to be bound by STRIPE’s general contractual conditions, which may be modified from time to time by STRIPE.
The CUSTOMER authorises VISTORY to receive accurate and complete information on its identity and activity and to share this information as well as information concerning transactions carried out via the payment solution provided by STRIPE. VISTORY does not store any banking data and does not act as a technical intermediary in the transmission of payment data.
The data recorded and kept by VISTORY constitute the proof of the order and of all the transactions made. The data recorded by the payment system constitutes proof of the financial transactions.
Article 9 – Right of withdrawal
It is reminded that the right of withdrawal is not applicable in principle in relations between professionals, in particular for contracts concluded at a distance.
As VISTORY manufactures all custom-made OBJECTS through distance selling, no retraction is possible for the CUSTOMER who is a consumer or a non-professional as defined by the French Consumer Code.
Article 10 – Warranty / VISTORY’s liability
The OBJECTS benefit from the legal guarantee provided by articles 1641 and following of the French Civil Code. VISTORY does not provide any other warranty, including, without limitation, any warranty of fitness of the OBJECT for a particular use or purpose. VISTORY does not guarantee that the functionality of the OBJECT will meet the CUSTOMER’s requirements.
VISTORY will use its best efforts to ensure that the printed OBJECT is as faithful as possible to the IMAGE (as this term is defined herein) provided by the CUSTOMER. However, due to the digital presentation of the OBJECTS, the CUSTOMER’s perception of the photographic representation of the OBJECTS may not correspond exactly to the OBJECT itself. The OBJECTS delivered may therefore sometimes differ slightly from their presentation in the image (as this term is defined herein) supplied by the CUSTOMER. The differences may be due to the colour quality of the photographs, the difficulty of rendering the materials on the screen or, without being exhaustive, technical adaptation. These differences cannot be interpreted as defects in conformity and lead to the cancellation of the sale, except in cases where the differences relate to an essential characteristic of the OBJECT and affect its quality.
In the event of non-conformity or dispute, insofar as the claim is admitted, VISTORY’s liability is limited exclusively to the pure and simple replacement of the OBJECT or the part of the OBJECT that has been recognised as defective.
The CUSTOMER acknowledges and accepts that, with respect to the manufacture of the OBJECT, and to the fullest extent permitted by applicable law, VISTORY shall only be liable for direct, material and foreseeable damage suffered by the Customer and resulting directly from a proven fault of VISTORY.
VISTORY has, for all stages of access to the site, the order process, delivery or subsequent services, only an obligation of means. The CUSTOMER acknowledges and accepts that, to the fullest extent permitted by applicable law, VISTORY may not be held liable for any direct, indirect, incidental or consequential damages, moral prejudice, costs, losses, decrease in turnover or profits, or liabilities of any nature whatsoever (even if the occurrence of such a prejudice was known or could have been foreseen by VISTORY), which may arise from the use or, on the contrary, the impossibility to use the SITE or its content.
VISTORY cannot be held responsible in case of raw material stock shortage, delivery delay, strike (including transport strikes) or force majeure and, more generally, for any event not exclusively and directly attributable to VISTORY.
VISTORY cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network, in particular a break in service, external intrusion, the presence of computer viruses, or any event qualified as force majeure, in accordance with jurisprudence.
In any case, VISTORY’s liability cannot exceed the total amount paid by the CUSTOMER for the order in question, all causes and all claims included, except in the case of fraud, malice or gross negligence on the part of VISTORY.
Article 11 – Obligations / Liability of the CUSTOMER
The CUSTOMER is responsible for the confidentiality of their authentication such as identifiers, passwords or trademarks (collectively, the “Data”). trademarks (collectively, the “Data”). They transmit the Data to third parties at at their own risk. The User is responsible for any misuse of the Access Data resulting from a breach of these obligations. The CUSTOMER shall ensure that all persons entitled to access to access and use its Data will exercise reasonable care in their use, and in particular due diligence in their use and in particular :
Immediately report to VISTORY any errors, bugs and flaws affecting the VISTORY website http://www.fastrepro.com, when they become aware of such events;
Refrain from using the SERVICE for any illegal purpose;
Not spread viruses, Trojan horses or other malicious code via the VISTORY services;
Will not attempt to access the profile and personal data of other CUSTOMERS or use another CLIENT’s account or impersonate a CLIENT. the identity of a CUSTOMER.
If there is evidence or serious suspicion that a CUSTOMER has breached, or attempted to breach, these T&Cs, VISTORY may, with immediate effect, deprive the CUSTOMER of any further use of the SERVICES until the matter is reasonably resolved or, if the matter cannot be reasonably resolved, suspend the CUSTOMER’s relevant account.
The CUSTOMER accesses, uses and browses the VISTORY site at its own risk.
The CUSTOMER transmits the IMAGES (as this term is defined herein) in the form of 6 adapted files (in one of the formats listed in article 3 herein) and undertakes not to transmit files containing viruses or data-destroying programs. The CUSTOMER must keep a copy of the file and VISTORY cannot be held responsible for the loss or destruction of files transmitted by a CUSTOMER.
The CUSTOMER is solely responsible for the use he makes of the OBJECT and cannot in any case seek VISTORY’s liability in case of damage suffered for a normal or abnormal use of the said OBJECT.
The CUSTOMER shall indemnify and hold VISTORY harmless against any damage suffered by VISTORY and against any liability action brought against VISTORY as a result of an act committed by the CUSTOMER or its agents, including the infringement of any right of a third party, whether such damage results from the CUSTOMER’s use of the SITE and/or the SERVICES, or from any other act attributable to the CUSTOMER.
Article 12 – Intellectual property
Any CUSTOMER who provides VISTORY with an image, drawing or design (the “IMAGE”) declares and warrants that he/she is the author, owner and/or holder of all intellectual property rights on this IMAGE and that he/she has not infringed any third party intellectual property rights by providing this IMAGE. The CUSTOMER undertakes to hold VISTORY harmless from any claims by third parties in the event of a breach of this article.
The CUSTOMER acknowledges and accepts that the manufacturing of the IMAGE by 3D printer technology requires the transformation of the IMAGE into a 3D printer-readable and 3D printable format (the “FILE”).
The CUSTOMER remains the owner of the IMAGE communicated to VISTORY. The CUSTOMER grants VISTORY a single-use licence to use its IMAGE for the purposes of its order and more specifically the FILE.
The FILE, made from VISTORY’s knowledge and know-how, remains the full and complete property of VISTORY; VISTORY retains the intellectual property and all rights and prerogatives attached to the FILE; no rights attached to the FILE are transferred to the CUSTOMER as part of the order. VISTORY shall under no circumstances infringe the CUSTOMER’s intellectual property rights in its subsequent use of the FILE. The ownership of the FILE does not give VISTORY the right to copy, modify, market, duplicate and/or use the IMAGE or the OBJECT.
All content present or made available through the SERVICES and the VISTORY website http://www.fastrepro.com, such as text, graphics, logos, buttons, images, music, digital downloads, and data compilations, is the property of VISTORY, its affiliates or its content providers and is protected by French and international intellectual property, copyright and database protection laws. The CUSTOMER therefore refrains from any representation, distribution, modification, reproduction or extraction of one or more of these elements. The CUSTOMER also refrains from reproducing a page of the VISTORY website http://www.fastrepro.com in a frame not belonging to VISTORY or from inserting a page belonging to VISTORY in the page of a site not belonging to VISTORY.
Article 13 – Applicable law – Settlement of disputes
These terms and conditions of online sale are governed by French law. This applies to both substantive and formal rules, notwithstanding the place of performance of substantial or ancillary obligations.
The parties shall endeavour to settle amicably and in good faith any disputes that may arise between them concerning the interpretation, partial or total performance or non-performance of these general terms and conditions.
The CUSTOMER will first contact VISTORY to obtain an amicable solution.
In the absence of an amicable agreement, any dispute will be submitted to the competent court of the place of residence of the defendant or, at the defendant’s choice, of the place of delivery of the OBJECT. However, in the case of a professional CUSTOMER, the courts within the jurisdiction of the Versailles Court of Appeal shall have exclusive jurisdiction.
For more information, or if you are not fully satisfied with the services offered by VISTORY, please contact our Customer Service:
by email: contact@vistory.com ;
by telephone: 00 33 1 74 31 25 88 ;
by post: VISTORY, Customer Service, 13 avenue Morane Saulnier, Bâtiment Guynemer, 78140 Vélizy-Villacoublay.
Last update: 19 August 2022
