Terms of sale.

Introduction

This contractual document shall govern the General Conditions for the sale and contracting of the products and services (hereinafter, the “Conditions”) offered through the website https://3dsquads.com, owned by Al-Mar Técnicas Ortopédicas S.L., which operates under the commercial brand 3DS / 3DSquad (hereinafter, the “Seller”).

These Conditions shall remain published on the website and available to the Customer to reproduce and save as confirmation of the contract, and may be modified at any time by the Seller. It is the Customer's responsibility to read them periodically, since those in force at the time the order is placed shall be applicable. The Seller shall archive the electronic document formalising the purchase and shall keep it available to the Customer upon request.

Acceptance of this document entails that the Customer:

• Has read, understands and comprehends everything set out herein.
• Is a person with sufficient legal capacity to enter into contracts.
• Assumes all the obligations established herein.

These Conditions shall have an indefinite period of validity and shall apply to all contracts entered into through the Seller's website. Before placing an order, the Customer declares that they have read, understood and accepted these Conditions, the Legal Notice and the Privacy Policy.

1. Parties

On the one hand, the Seller of the contracted products and services is Al-Mar Técnicas Ortopédicas S.L., with registered office at Calle Río Tajuña, 22-24 — 28500 Arganda del Rey (Madrid), tax ID (NIF) B-81368656, customer service telephone +34 91 871 49 85 and email almar3ds@gmail.com. The Seller operates under the commercial brand 3DS / 3DSquad.

On the other hand, the Customer, who places an order through the website and is responsible for the accuracy of the personal data provided to the Seller.

2. Purpose

The Seller provides additive manufacturing services using Multi Jet Fusion (MJF) technology, as well as the sale of related products, including:

• Production of parts from CAD files sent by the Customer (STL, STEP, OBJ, 3MF).
• 3D modelling services from images or references provided by the Customer (the “Image→3D” service).
• Post-processing (dyeing, sanding, RAL painting) and finishing of the parts.
• Sale of prefabricated stock products (“Smart Objects”).
• Recurring manufacturing programmes for companies (“Escuadrón 3D”).

3. Contracting process

In accordance with the requirements of Article 27 of Law 34/2002 (LSSICE), the contracting procedure shall follow these steps:

1. The Customer uploads the file or selects the product on the website.
2. The website displays an indicative quote based on the volume, quantity, material and finish selected.
3. The Customer adds the order to the cart and completes their shipping and billing details. Before finalising the purchase, they may consult these Conditions in full.
4. Before proceeding to payment, a clear summary of the purchase is displayed: products or services contracted, total price, applicable taxes, shipping costs (if any) and estimated delivery or manufacturing time.
5. The Customer must tick a specific box expressly accepting these Conditions, not pre-ticked, the ticking of which is mandatory in order to complete the order.
6. The Customer makes payment through the secure Stripe gateway by pressing a button that clearly identifies that the transaction entails an obligation to pay (e.g. “Buy and pay”).
7. Once the order has been placed, the Customer receives an email confirmation detailing the contract concluded and access to the contractual conditions in force.
8. The Seller technically verifies the file and communicates to the Customer the final confirmation of price, deadline and specifications by email within a maximum of four (4) business hours.

In the event of a material variation with respect to the indicative quote (±10%), the Seller shall notify the Customer of the issue before starting production in order to obtain their agreement.

In the case of customised or made-to-order products, the Customer is expressly informed, before contracting, of the limitation or exclusion of the right of withdrawal in accordance with consumer regulations (see clause 7).

4. Prices and VAT

The prices shown on the website are expressed in Euros (€). The applicable VAT rate is the one in force at each moment (currently 21%) and shall be itemised in the cart and on the invoice. The total amount, including taxes, shall always be shown before confirming the order. Prices may vary as long as the order has not been placed; once placed, the price shall remain unchanged.

Intra-Community sales (EU businesses). For businesses established in another Member State of the European Union that provide a valid intra-Community VAT number, the transaction shall be invoiced without Spanish VAT by application of the reverse charge mechanism (Article 196 of Directive 2006/112/EC and Article 84 of VAT Law 37/1992), the Customer being liable to self-assess the tax in their country. The VAT number provided is verified at the time of the order against the European Commission's VIES system; if validation is not possible or the number does not appear as valid, the order cannot be completed through the website for shipments outside Spain and Portugal.

Sales to end consumers with delivery outside Spain and Portugal are not currently available through the website; for such cases the Customer may contact the Seller and the best option will be considered.

Every payment made to the Seller entails the issuance of an invoice in the name of the Customer or of the company name they provided when placing the order. The invoice shall be made available to the Customer in electronic format.

5. Method of payment

Payment is made at the time the order is confirmed through the Stripe payment gateway. Credit/debit card, Apple Pay, Google Pay and SEPA are accepted depending on the available configuration. Full card details are neither processed nor stored by the Seller.

For B2B customers under the Escuadrón 3D programme, alternative payment methods (bank transfer, periodic consolidated invoicing) may be agreed in a specific agreement.

The website uses information security techniques generally accepted in the industry, such as secure connections (SSL/TLS), access control procedures and cryptographic mechanisms, in order to prevent unauthorised access to data. The Seller undertakes not to allow any transaction deemed illegal by the credit card brands or by the acquiring financial institution.

6. Delivery times, shipping and failure to perform

The published indicative production times are:

• Up to 25 units: 72 business hours.
• From 25 to 200 units: 5 to 7 business days.
• More than 200 units: 10 to 14 business days.

Additional finishes. The above times correspond to the standard finish. Optional post-processing (sanding/polishing, black dyeing or their combination) requires additional processes and curing times that add several business days to the production time. The firm deadline, including the effect of the chosen finish, is communicated in the final confirmation of the order.

The transport time must be added to the production times; for shipments to mainland Spain it is usually 1 to 2 business days and for intra-Community shipments 3 to 8 business days depending on the destination. This is a non-guaranteed estimate managed by the carrier. The deadline shall be firmly confirmed after technical validation of the file, and production times begin to count from confirmation of payment. The Seller shall not dispatch any order until it has verified that payment has been made, and shall not be liable for delays attributable to force majeure or to the carrier.

Shipments are made to the address provided by the Customer, with the following standard costs by destination (amounts excluding VAT, which are always shown in the summary before confirming the order):

• Spain (mainland): 12 €, free from a subtotal of 100 € excluding VAT. Estimated transport: 1-2 business days.
• Portugal (mainland): 25 €, free from a subtotal of 200 € excluding VAT. Minimum order: 100 € (excluding VAT). Estimated transport: 1-2 business days.
• France, Germany, Italy, Belgium, the Netherlands, Luxembourg and Austria: 39 €, free from a subtotal of 700 €. Minimum order: 500 € (excluding VAT). Estimated transport: 3-5 business days.
• Rest of the European Union: 49 €, free from a subtotal of 700 €. Minimum order: 500 € (excluding VAT). Estimated transport: 5-8 business days.

Shipments to the Balearic Islands, the Canary Islands, Ceuta, Melilla and to countries outside the European Union are quoted separately, upon request. The Seller shall assume no liability where delivery cannot be made because the data provided by the Customer is false, inaccurate or incomplete.

Failure to perform the distance contract. Should it not be possible to perform the contract because the contracted product or service is not available within the foreseen period, the Customer shall be informed of the lack of availability, being entitled to cancel the order and receive a refund of the total amount paid at no cost. In the event of unjustified delay by the Seller in refunding the total amount, the Customer may claim payment of double the amount owed, without prejudice to their right to be compensated for damages suffered in excess of that amount.

Delivery shall be deemed to have taken place when the carrier has made the products available to the Customer. It is the Customer's responsibility to check the products on receipt and to set out all reservations and claims that may be justified.

The Seller provides a manufacturing service in accordance with the files, designs, specifications or instructions provided by the Customer. Except where design, engineering or technical validation services are expressly contracted, the Seller does not guarantee the functionality, mechanical strength, compatibility, fit, assembly or suitability of the parts for a specific use.

It is the Customer's sole responsibility to verify that the design provided is suitable for the intended purpose, as well as to carry out the necessary tests and validations before any commercial, industrial or professional use of the manufactured parts. The Seller shall not be liable for defects, functional errors, assembly problems, incompatibilities or unsatisfactory results arising from errors, deficiencies or limitations existing in the files, designs or specifications provided by the Customer.

7. Right of withdrawal

Applicable legal exception. In accordance with Article 103, paragraphs c) and m), of Royal Legislative Decree 1/2007 (consolidated text of the General Law for the Defence of Consumers and Users, hereinafter RDL 1/2007), the right of withdrawal does not apply in the following cases:

• “The supply of goods made to the consumer and user's specifications or clearly personalised.”
• “The supply of digital content not delivered on a tangible medium where performance has begun with the consumer's prior express consent.”

Parts produced from a CAD file provided by the Customer or modelled in the Image→3D service are considered clearly personalised goods. In accordance with Article 103.c) of RDL 1/2007, the right of withdrawal is excluded from the moment the order is placed, without the need for manufacturing to have begun. Consequently, orders for parts manufactured from files or designs provided by the Customer cannot be cancelled once the contract has been concluded. The Customer expressly accepts this point when confirming the purchase.

For stock products Smart Objects (non-personalised), the consumer Customer has a period of fourteen (14) calendar days from receipt to withdraw without the need for justification, in accordance with Articles 102 et seq. of RDL 1/2007. The refund shall be made through the same means of payment used in the purchase, once the product has been received in perfect condition. The direct costs of return shall be borne by the Customer, unless the return is due to a defect in the product. If the Seller fails to comply with the duty to inform about the right of withdrawal, the period for exercising it shall end twelve months after the expiry date of the initial period, in accordance with Article 105 of RDL 1/2007.

To exercise withdrawal in respect of Smart Objects, the Customer shall send an unequivocal communication to almar3ds@gmail.com indicating the order number, the date of receipt and their contact details. They may use, if they wish, the following model (it is not mandatory):

This model corresponds to Annex B of RDL 1/2007. The right of withdrawal does not apply to personalised parts manufactured from files or designs provided by the Customer (art. 103.c RDL 1/2007), as indicated above.

8. Warranty and claims

The parts are delivered in accordance with the technical specifications confirmed in writing before production. The Customer has a period of seven (7) calendar days from receipt to report any defect, non-conformity or incident. After that period, the parts are deemed accepted. In the event of a defective part attributable to the Seller, the latter shall, at its choice, reprint the part at no cost to the Customer or refund the corresponding amount.

For consumers and users, the minimum legal warranties established in the title on “Warranties and after-sales services” of RDL 1/2007 shall additionally apply, without the foregoing provisions limiting those rights.

Due to the characteristics inherent to additive manufacturing and 3D printing processes, the parts may present slight variations with respect to the original digital model in aspects such as dimensions, colour, surface texture, finish or mechanical properties, within the usual tolerances of the manufacturing process employed. These variations shall not be considered a defect or lack of conformity when they are within the technical margins reasonably to be expected for the technology used.

Any claim may be addressed to the following contact addresses:

• Postal: Al-Mar Técnicas Ortopédicas S.L., Calle Río Tajuña, 22-24 — 28500 Arganda del Rey (Madrid).
• Telephone: +34 91 871 49 85.
• Email: almar3ds@gmail.com.

Claims received shall be answered within a maximum of one (1) month. If you are a consumer and consider that your claim has not been dealt with satisfactorily, we inform you that the Seller is not adhered to any alternative consumer dispute resolution entity of those provided for in Law 7/2017; nevertheless, you may contact the public consumer services of your autonomous community or the Municipal Consumer Information Offices (OMIC). Likewise, there are complaint forms available to the consumer, which may be requested through any of the contact means indicated.

9. Intellectual property of files and designs

The Customer declares and warrants that they hold all the rights necessary over the CAD files or images sent to the Seller and that their production does not infringe the intellectual property, industrial property or image rights of third parties (among others: registered trademarks, copyrighted characters, patents, industrial designs). The Customer releases the Seller from any liability arising from the improper use of the files provided and shall assume the legal and economic consequences vis-à-vis third parties.

In those services that involve the creation or recreation of three-dimensional models from photographs, images, drawings, logos, characters, trademarks, visual references or any other material provided by the Customer, the latter warrants that they hold the rights, authorisations or licences necessary for their use. The Customer shall hold the Seller harmless against any claim, administrative or judicial proceeding, penalty or compensation arising from a possible infringement of intellectual property rights, industrial property rights, image rights or other third-party rights related to the material provided.

Files provided by the Customer. The Customer retains ownership of the files they upload (STL, STEP, OBJ, 3MF, 2D images or others). By placing an order they grant the Seller a free, non-exclusive licence, limited to storing and reproducing said files for the sole purpose of executing their order and possible future reorders by the Customer themselves. The Seller shall not use them for other purposes nor transfer them to third parties, and shall delete them at the Customer's request in accordance with clause 10.

Designs developed by the Seller. Where the Seller creates a 3D model from scratch or recreates it from an image or 2D sketch provided by the Customer, the resulting 3D model —the digital file and the intellectual property rights over it— is the property of the Seller. The price of the order comprises the development service and the manufacture of the units requested, and grants the Customer the right to use the physical parts delivered. Unless expressly agreed, the digital file of the model is not delivered.

Optional transfer of the file or of the rights. If the Customer wishes to obtain the digital file of the model developed by the Seller and/or the transfer of the exploitation rights over it, they may contract this as an additional service, at a separate price agreed according to the development carried out.

The Seller reserves the right to reject any order that may reasonably involve the production of parts that infringe third-party rights.

10. Confidentiality of files

The Seller shall treat as confidential the files, designs, images, technical specifications and other documentation provided by the Customer, using them exclusively for the management, manufacture, supply and follow-up of the contracted order.

The personal data provided during the contracting process shall be processed in accordance with the provisions of the Privacy Policy of the website, which provides detailed information on the purposes of the processing, legal basis, retention periods and the exercise of rights.

The technical files provided by the Customer shall be retained only for the time necessary to manage the order, deal with possible incidents or carry out future reorders requested by the Customer themselves, unless the latter expressly requests their early deletion or there is a legal obligation requiring their retention. The Seller shall adopt reasonable technical and organisational measures to protect the confidentiality and integrity of the stored files and to prevent unauthorised access.

11. Liability

The Seller's liability for breach of its obligations shall be limited, except in the case of wilful misconduct or gross negligence, to the amount actually paid by the Customer for the order subject to the claim. In no case shall the Seller be liable for indirect damages, loss of profit or loss of opportunity.

12. Force majeure

The parties shall not incur liability for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure event ceases.

13. Partial invalidity

If any of these Conditions is deemed void or impossible to perform, the validity, legality and performance of the rest shall not be affected, remaining fully in force. The Customer may not assign, transfer or convey the rights, responsibilities and obligations contracted in the sale.

14. Applicable law and jurisdiction

These Conditions are governed by Spanish law. For the resolution of any dispute that cannot be settled amicably, the parties submit to the Courts and Tribunals of the Customer's domicile where the latter has the status of consumer. In all other cases, the Courts and Tribunals corresponding to the Seller's registered office shall have jurisdiction.