Purchase order terms & conditions
These General Conditions of Sale govern the relations between VISTORY, a company with simplified actions and a shared capital of 150,000 euros, with its headquarters located at 13th Avenue Morane Saulnier-78140 Vélizy-Villacoublais, registered at the Versailles RCS under registration number 809 772 825 and intracommunity VAT number #809 772 825 (hereinafter referred to as “VISTORY”), and any natural or legal person willing to make a purchase via VISTORY’s website online. https://fastrepro.com (hereinafter referred to as the “CUSTOMER”).
The parties agree that orders placed with VISTORY via the Internet are governed exclusively by these General Terms and Conditions of Sale, except as provided by public policy. VISTORY reserves the right to modify its Conditions of Sale at any time. In such cases, the applicable conditions will be those in effect at the time of the final validation of the online order by the CUSTOMER, who agrees explicitly by ticking the box provided for this purpose during the order process. These General Terms and Conditions of Sale shall prevail over any other general or specific terms and conditions not expressly approved by VISTORY.
Article 1- Characteristics of goods and services offered.
VISTORY offers a personalized on-demand 3D printing service (Hereinafter referred to as the “SERVICE”), from a file provided by the CUSTOMER (hereinafter referred to as the “OBJECT”).
VISTORY reserves the right to refuse, at its own discretion, the order of OBJECTs that contravene public order or good morals, as well as an OBJECT that clearly infringes the intellectual property rights of a third party. This includes, but is not limited to, the creation of firearms, racist objects, discriminatory or pornographic content, or violent representations that are not considered to be artwork, as well as any badges, brands, characters with reserved rights do not appear to belong to the CUSTOMER, will all be rejected by VISTORY.
VISTORY also reserves the right to refuse any OBJECT orders that do not comply with the applicable standards for 3D printing, molds, and tools.
Article 2- Price
All prices are indicated in Euros and are applicable only at the time of the order by the CUSTOMER. Shipping fees are charged as extra and indicated before the final validation of the order.
All prices are indicated both tax-exclusive and tax-inclusive, taking into account the applicable VAT on the day of the order. Any changes in the applicable VAT rate will automatically be reflected on the price of the order.
For orders and deliveries outside the French territory but within the European Union, the provisions of the General Code of Taxes related to VAT apply. For any delivery outside the European Union, customs fees and formalities are, unless otherwise indicated in the order coupon, the exclusive responsibility of the CUSTOMER, who must verify the possibility of importing the product into the country of delivery.
VISTORY reserves the right to increase the price agreed upon for an order of an OBJECT still pending delivery due to changes in the raw material and/or economic situation, or any other circumstances that cause, directly or indirectly, the production of the OBJECT to become considerably more expensive than at the time of the order validation. In such case, the society can cancel partially or fully the order that is increasing in price, within the four (4) weeks following the confirmation by VISTORY.
VISTORY may also increase the agreed-on price if the shipping time is ulteriorly delayed for any of the previously stated reasons, or under any of these circumstances:
- The CUSTOMER modifies the material or the method of production from the original order, from a collective agreement with VISTORY, causing a delivery delay;
- The documentation and/or instructions of the CUSTOMER do not correspond to the real circumstances or are incomplete;
- VISTORY does not receive the necessary information on time.
Article 3- Order process
To use the SERVICE and manufacture an OBJECT, the CUSTOMER must follow the steps below:
- Upload the file in one of the following formats: stl, obj, stp, step, igs, iges, zip, png, jpg, jpeg, gif, bmp;
- Fill in all the mandatory fields in the online form to initiate the estimate;
- Review and complete the billing address before validating the estimate;
- Check the boxes to accept the General Conditions of Sale and the “Personal Data Processing Policy” of the WEBSITE;
- Make payment as per the conditions;
- Confirm the order and payment .
The confirmation of the order by the CUSTOMER implies their full and unreserved acceptance of the General conditions of sale and the “Personal data processing policy” of the WEBSITE, without any restrictions or reservations. By confirming the order, the CUSTOMER acknowledges that they have fully understood and accepted the terms and conditions and waives the application of any other conditions of purchase or other conditions they may have.
The “order and pay” button on the website, clicked by the CUSTOMER at the time of the final validation of the order, represents a signature that has the same legal value as a written signature. The CUSTOMER acknowledges that their agreement to the terms of the order does not require a written or digital signature.
No order will be processed if any of the previously mentioned steps in the order process have not been followed by the CUSTOMER.
Article 4- Order confirmation
A confirmation e-mail summarizing the order will be sent to the CUSTOMER by VISTORY.
The selling contract for the OBJECT will be concluded once VISTORY has the opportunity to verify the details of the order and its total price, and to correct any potential mistakes. VISTORY reserves the right to reject the order and reimburse the CUSTOMER, particularly if the IMAGE (as defined in this agreement) or the OBJECT do not comply with the standards of 3D printing. Any reimbursement will take place within fifteen (15) days of the sending of the confirmation email, through any means of payment.
The data saved and recorder by VISTORY serve as evidence for any past transactions between VISTORY and its CUSTOMERS.
Article 5 – Execution of the order
VISTORY has the right to engage different partners to manufacture the OBJECTS, and the IMAGE (as defined in this agreement) provided by the CUSTOMER may be shared with these partners, which the CUSTOMER recognizes and accepts.
The partners are: ERPRO GROUP (828 400 556 RCS PONTOISE).
VISTORY and/or its partners have the right to modify the technical details of the IMAGE (as defined in this agreement) of the CUSTOMER, as necessary measures for the production of the OBJECT.
Article 6- Materials availability.
VISTORY reserves the right to temporarily suspend the personalization service for OBJECTS at any time, for a duration determined by VISTORY, due to a shortage of raw materials or in the event of equipment breakdown during manufacturing.
In case of unavailability of materials required for the fabrication of the OBJECT, there are two scenarios:
Definitive unavailability: VISTORY will promptly notify the CUSTOMER of any OBJECT that cannot be produced due to definitive unavailability of materials. In such cases, VISTORY will reimburse the CUSTOMER within 30 days of the notification.
Temporary unavailability: In case of temporary unavailability of materials, VISTORY will inform the CUSTOMER of the expected availability date of the OBJECT. The CUSTOMER may choose to maintain the order with the new expected delivery date or cancel it. If the CUSTOMER cancels the order, VISTORY will reimburse the CUSTOMER for any missing OBJECT within 30 days of the cancellation.
Article 7 – Delivery of the OBJECTS – Retention of title.
The delivery will be made by package and will be carried out through the best possible means within the given timeframe to the address specified by the CUSTOMER at the time of the order. VISTORY strives to ensure that the OBJECTS are delivered within the specified time for deliveries in France and as quickly as possible for deliveries abroad, after receiving the payment for the order. The time specified during the validation of the order is the usual time and corresponds to the processing time of the order, along with the delivery. VISTORY commits to informing the CUSTOMER in case of any predicted delay in delivery.
Ownership of the OBJECTS and the risks relating thereto shall pass to the CUSTOMER upon their delivery to the carrier.
Any anomalies regarding the delivery (damage, missing OBJECTS from the delivery note, damaged packaging, or broken OBJECTS) must be specified in detail and written in the “reserves” section provided for this purpose on the delivery note. The CUSTOMER must sign the delivery note along with the specified details.
For these reserves to be taken into account, the CUSTOMER would have to confirm this anomaly by sending within three (3) business days, a registered letter to both the transporter and VISTORY, exposing the here said complaints.
To ensure that the aforementioned reserves are duly noted, it is necessary for the CUSTOMER to confirm any anomaly by sending a registered letter to both the transporter and VISTORY within three (3) business days. This letter should detail the complaints expressed on the delivery note and include the CUSTOMER’s signature.
In case of non-conformity or dispute, and if the claim is acknowledged, VISTORY’s liability is strictly limited to the replacement of the OBJECT or the defective part of the OBJECT.
Article 8 – Modality of Payment
Accepted credit cards are VISA, CB and MASTERCARD
The CUSTOMER confirms that he is the legal cardholder, and that he is legally authorized to use it.
Payment is made online by credit card at the time of final validation of the order through the online payment system called STRIPE. Stripe has a high self-identification system and is PCI certified. The CUSTOMER contracts directly with STRIPE and accepts their General Conditions, which are available on our website. By definitively validating the order and processing the payment, the CUSTOMER expressly agrees to be bound by STRIPE’s general contractual terms and conditions, which may be modified from time to time by STRIPE.
The CUSTOMER therefore allows VISTORY to receive precise and complete information about its identity and activities, and to share this information, along with those concerning the transaction effectuated via STRIPE. VISTORY does not keep any credit card data and does not serve as technical intermediary in the transmission of the payment data.
Therefore, the CUSTOMER grants VISTORY permission to receive accurate and complete information regarding their identity and activities, and to share this information, along with details related to the transaction processed via STRIPE. VISTORY does not retain any credit card information and does not act as a technical intermediary in the transmission of payment data.
The data retained by VISTORY serves as evidence of the order and previous transactions. The information recorded by the payment system serves as evidence of the financial transaction.
Article 9 – retractation right
It is important to note that the right of retractation is not automatically applicable in business-to-business relationships, especially for contracts concluded at a distance.
As VISTORY produces all custom-made OBJECTS within the scope of distance selling, the CUSTOMER, who is a consumer or non-professional within the meaning of the Consumer Code, is not entitled to a right of withdrawal.
Article 10 – Warranty/ VISTORY’s liability.
The OBJECTS are covered by the legal guarantee set forth in Articles 1641 and subsequent of the Civil Code. VISTORY does not offer any other warranties, including, but not limited to, any warranty of fitness of the OBJECT for a specific use or purpose. VISTORY cannot guarantee that the functionality of the OBJECT will meet the CUSTOMER’s requirements.
VISTORY will try its best to make sure that the OBJECT is as close as possible to the IMAGE (as defined in this agreement) provided by the CUSTOMER. However, it is possible that the photographic representation of the OBJECT may not accurately reflect the actual OBJECT. Therefore, the delivered OBJECTS may be slightly different from their representation in the IMAGE (as defined in this agreement) provided by the CUSTOMER. These differences may arise from variations in color quality, difficulties in rendering materials on screen, or technical adaptations, among other factors. These differences cannot be interpreted as conformity defaults and cannot lead to the cancellation of the sale, unless the difference is a key characteristic of the OBJECT and affects its quality.
In the event of non-conformity or dispute, if the claim is accepted, VISTORY’s liability is exclusively limited to the replacement of the OBJECT or the part of the OBJECT that has been recognized as defective.
The CUSTOMER acknowledges and accepts that, with regard to the manufacturing of the OBJECT, and to the extent permitted by applicable regulations, VISTORY may only be held liable for direct damages, material and predictable, that the CUSTOMER has suffered and that result directly from a proven fault of VISTORY.
VISTORY has, for all stages of access to the site, the order process, the delivery or the subsequent services, only an obligation of means. The CUSTOMER acknowledges and accepts that, to the fullest extent permitted by applicable law, VISTORY shall not be liable for any direct, indirect, incidental or consequential damages, costs, losses, loss of sales or profits, or liabilities of any kind (even if the occurrence of such damages was known or could have been foreseen by VISTORY), arising out of the use or inability to use the SITE or its contents.
VISTORY’s liability cannot be engaged in case of raw material shortage, delivery delay, strikes (including those in public transport) or in case of force majeure and, more generally, for any event that is not exclusively and directly attributable to them.
VISTORY cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network, in particular a break in service, an external intrusion, the presence of computer viruses, or any event qualified as force majeure, according to jurisprudence.
In any event, VISTORY’s liability shall not exceed the total amount paid by the CUSTOMER in settlement of the order in question, all causes and claims included, except in cases of fraud, fraud or gross negligence of VISTORY.
Article 11 – Obligations/Liability of the CUSTOMER
The CUSTOMER is responsible for maintaining the confidentiality of their self-identification information, such as login credentials, passwords, or other authentication data (collectively, ‘Data’). Any transmission of this Data to third parties is done at the CUSTOMER’s own risk and liability. The CUSTOMER is responsible for any misuse of these access credentials resulting from a failure to respect these obligations.
CUSTOMER shall ensure that all persons entitled to access and use its Data shall exercise due diligence in its use, including:
- https://fastrepro.com,while they become aware of such event;
If there is evidence or serious suspicion that a CUSTOMER has violated the rules outlined in the GSS, or has attempted to violate them, VISTORY may, with immediate effect, deprive the CUSTOMER of further use of their SERVICES until the case is resolved in a reasonable manner, or if it cannot be resolved reasonably, suspend the account of the CUSTOMER indefinitely.
The CUSTOMER accesses, uses, and navigates through VISTORY’s website at its own risks.
The CUSTOMERS shares IMAGES (as defined in this agreement) under an appropriate file format (one that has been listed in article 3) and engages himself no to transmit files hiding malwares, or viruses that could damage or destroy data. The CUSTOMER must keep a copy of the file and in no case can VISTORY be held responsible for the loss or destruction of a file transmitted by a CUSTOMER.
The CUSTOMER bears sole responsibility for any actions taken with the OBJECT and may not hold VISTORY liable for any damages resulting from either normal or abnormal use of said OBJECT.
The CUSTOMER shall guarantee and indemnify VISTORY upon first request against any damages suffered by VISTORY and against any action in liability that may be brought against VISTORY for any act committed by the CUSTOMER or its agents, including in case of violation of any third-party rights, whether such damages result 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 (“IMAGE”) declares and warrants that they are the author, owner and/or holder of all intellectual property rights in the IMAGE and that they have not infringed any intellectual property rights of third parties by transmitting this IMAGE. The CUSTOMER agrees to indemnify VISTORY against any possible claims by third parties in the event of a violation 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 format readable by the 3D printer and printable in 3D (the “FILE”).
The CUSTOMER remains the owner of the IMAGE provided to VISTORY. The CUSTOMER grants VISTORY a one-time license to use their IMAGE for the production of their order and specifically for the FILE.
The FILE, created 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 right attached to this FILE is transferred to the CUSTOMER in the context of their order. VISTORY must not in any way 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 https://fastrepro.com, such as text, graphics, logos, buttons, images, pieces of music, digital downloads, and data compilations, is the property of VISTORY, its affiliates or its content suppliers and is protected by French and international intellectual property law, copyright and database protection. Therefore, the CUSTOMER agrees not to carry out any representation, distribution, modification, reproduction, or extraction of one or more of these elements. The CUSTOMER also agrees not to reproduce a page of the VISTORY website https://fastrepro.com in a frame not belonging to VISTORY or to insert a page belonging to VISTORY into a page of a website not belonging to VISTORY.
Article 13 – Applicable Law – Dispute Resolution
These online sales conditions are subject to French law. This applies to both substantive and formal rules, regardless of the places of performance of the substantial or ancillary obligations.
The parties will endeavor to settle in good faith and amicably any disputes that may arise between them regarding the interpretation, partial or total execution, or non-performance of these general terms and conditions.
The CUSTOMER shall first contact VISTORY to obtain an amicable solution.
In the absence of an amicable agreement, any dispute shall be submitted to the competent court at the defendant’s place of domicile or, at the defendant’s option, at the place of delivery of the ITEM. However, in the case of a professional CUSTOMER, the courts within the jurisdiction of the Court of Appeal of Versailles 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: firstname.lastname@example.org;
by phone: 00 33 1 74 31 25 88;
by mail: VISTORY, Customer Service, 13 avenue Morane Saulnier, Bâtiment Guynemer, 78140 Vélizy-Villacoublay
Last updated : March 31st, 2022.