General Terms and Conditions for Resellers
1. Seller Identification
The present General Terms and Conditions for Resellers are proposed by the company. Polyfab3D "SAS, a simplified joint-stock company with a capital of 10,000 euros, whose registered office is at 4 Rue de la République, 69001 Lyon, France, registered in the Trade and Companies Register under the number RCS LYON 898 931 811, SIRET 89893181100019, VAT No: FR87898931811, hereinafter referred to as "Polyfab3DYour text seems to be missing. Please provide the text you want translated from French to English.
Polyfab3D Reserves the right to adapt or modify these general terms of sale at any time. In the event of a modification, the general terms of sale in effect on the day of the order will be applied to each order.
The present General Terms and Conditions (GTC) apply exclusively to sales made to professional clients acting within the scope of their commercial activity, hereinafter referred to as "the Reseller".
Any order implies full and complete acceptance of these General Terms and Conditions of Resale.
2. Opening of a reseller account
Access to reseller rates is reserved for professionals who have a valid legal registration, an intra-community VAT number when required, and business activities compatible with the marketing of products distributed by PolyFab3D.
PolyFab3D reserves the right to refuse, suspend or close a reseller account in the event of non-compliance with these Terms and Conditions, non-payment, financial risk, harmful behavior, or damage to the image of PolyFab3D or the brands it distributes.
3. Orders
Orders can be placed through the PolyFab3D reseller platform, by accepted quotation, or by written purchase order.
The order is only final after written confirmation from PolyFab3D.
PolyFab3D reserves the right to decline an order, particularly in cases of non-payment, exceeding credit limits, identified financial risk, product unavailability, or restrictions imposed by a manufacturer.
4. Cost
The prices are quoted in euros excluding taxes.
The applicable rates are those in effect at the date of order confirmation by PolyFab3D.
PolyFab3D has the ability to change its prices at any time, without prior notice.
The rates provided to resellers are strictly confidential and must not be disclosed to third parties.
The suggested retail prices potentially communicated by PolyFab3D are purely indicative. The Reseller retains the freedom to set their own resale prices, in accordance with competition law.
5. Payment Terms
Unless otherwise agreed in writing, orders must be paid in full before shipment.
PolyFab3D may grant, at its sole discretion, a payment at maturity or a trade credit.
Any delay in payment automatically results in the application of late payment penalties, calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation, plus an additional 10 percentage points.
A flat-rate compensation of 40 euros for recovery costs will also be due for each invoice paid late.
In the event of a payment delay, PolyFab3D can immediately suspend ongoing deliveries and demand the immediate payment of all outstanding amounts.
6. Property Reservation
The goods remain the exclusive property of PolyFab3D until the full price, principal, fees and accessories are fully paid.
The transfer of risks occurs as soon as the goods are delivered to the Reseller or the designated carrier.
7. Availability of Products
The availabilities provided are for indicative purposes only.
The timelines provided by manufacturers or suppliers are estimates and cannot be considered as firm commitments.
PolyFab3D cannot be held accountable for a delay in supply, a manufacturer's stock shortage, a carrier's delay, or a case of force majeure.
The Reseller will not be able to claim any compensation in this regard.
8. Delivery
Goods are shipped from the PolyFab3D warehouse located in France, unless otherwise stated.
Deliveries can be made in France or other countries, depending on the areas served, manufacturer restrictions, and applicable logistics procedures.
The Dealer must inspect the packages upon receipt and immediately express specific, comprehensive, and characterized reservations in case of damage, shortage, or damaged package.
Any anomaly must be reported to PolyFab3D within a maximum period of 48 hours after receipt, along with the necessary supporting documents, including photos of the package, photos of the damage, delivery note with reservations, and any other element useful for opening a carrier file.
9. Drop Shipping
PolyFab3D, subject to approval, can directly ship the goods to the Reseller's end customer.
In this scenario, the Reseller remains the sole seller to their end customer.
The Dealer remains solely responsible for the business relationship, advice, customer support, after-sales service, any commercial warranty, the right of withdrawal applicable to its end customer, and more generally, all of its legal and contractual obligations.
No direct business relationship is established between PolyFab3D and the Reseller's end customer.
10. Guarantees
The products are covered by the warranties provided by their respective manufacturers.
Unless otherwise agreed in writing, the Reseller provides the first level of support to its customers, carries out the initial diagnosis, and forwards the necessary information for the analysis of the case to PolyFab3D.
Once the support is validated, PolyFab3D can, depending on the situation, provide a spare part, arrange a repair, offer a replacement, or implement any other solution provided by the manufacturer.
10.1 Warranty Exclusions
The warranty specifically excludes consumables, nozzles, hotends, trays, printing surfaces, filters., resins, filaments, wear and tear parts, accidental damage, misuse, lack of maintenance, unauthorized modifications, incorrect installation, non-compliant use, negligence, impact, breakage, oxidation, humidity, overload or any exclusion stipulated by the manufacturer.
11. After-sales service procedure
Any request for after-sales service must be made through the PolyFab3D support portal or any other channel indicated by PolyFab3D.
The file must include at least the product's serial number, the purchase invoice, a detailed description of the issue, photos or videos, as well as any tests already conducted.
No returns will be accepted without prior agreement and without an RMA number provided by PolyFab3D.
Any product returned without authorization may be refused or reshipped at the expense of the Reseller.
12. Business Returns
Commercial returns are accepted only after prior written agreement from PolyFab3D.
The request must be made within 14 days following the delivery.
The product must be new, unused, complete, in its original, undamaged packaging, and suitable for resale.
The return costs remain the responsibility of the Reseller.
PolyFab3D reserves the right to apply a discount in the event of control costs, repackaging, damaged packaging, or depreciation of the product.
13. Sales Channels and Marketplaces
Some brands may prohibit or restrict sales on third-party marketplaces or channels, including Amazon, eBay, Cdiscount, ManoMano, or any other similar platform.
The Dealer commits to adhering to the commercial, technical, and image policies imposed by the relevant manufacturers.
PolyFab3D reserves the right to restrict or refuse the sale of certain products to a Reseller who does not comply with these conditions.
14. Intellectual Property
The brands, logos, visuals, documents, product sheets, technical content, and sales materials remain the exclusive property of PolyFab3D or their respective owners.
The Dealer solely benefits from a limited usage right for the promotion and sale of the products, while respecting the image of the relevant brands.
15. Privacy
The Dealer commits to strictly maintaining the confidentiality of the rates, discounts, commercial terms, non-public technical documents, strategic information and data transmitted by PolyFab3D.
This obligation remains throughout the duration of the business relationship and for five years after its termination.
16. Duration and Termination
Either party can terminate the business relationship by written notice.
In the event of an established business relationship, a reasonable notice period taking into account the duration of the business relations will be applied, unless there is a serious fault or contractual breach justifying immediate termination.
PolyFab3D has the right to immediately suspend or terminate the partnership in the event of non-payment, fraud, damage to the reputation of PolyFab3D or the brands it distributes, violation of these General Terms and Conditions of Sale, non-compliance with manufacturer policies, or harmful behavior.
17. Personal Information
Personal data is processed in accordance with the General Data Protection Regulation and the applicable French legislation.
Each party acts as a data controller for the information it collects in the course of its own activity.
In the event of dropshipping, the Reseller guarantees that they have a legal basis allowing them to transmit the necessary data to PolyFab3D for the shipment of the order.
18. Major Force
PolyFab3D cannot be held accountable for any non-performance or delay resulting from an event of force majeure, including natural disasters, fires, strikes, carrier blockages, shortages, manufacturer breakdowns, health crises, major computer incidents, administrative restrictions, or any event reasonably beyond its control.
19. Applicable Law and Competent Jurisdiction
These General Terms and Conditions of Sale for Resellers are subject to French law.
Any dispute related to their interpretation, execution, or termination will fall under the exclusive jurisdiction of the Commercial Court of PolyFab3D's headquarters, even in cases of multiple defendants, interim proceedings, warranty claims, or emergency procedures.
20. Acceptance of Terms and Conditions
Placing an order with PolyFab3D implies full, complete, and unconditional acceptance of these General Terms and Conditions of Resale.