1. SCULPTEO offers personalized three-dimensional printing (“3D”) and two-dimensional laser cutting (“2D”) services, which consist of creating a tangible object from a computer file provided by the Client (hereinafter, “File(s)”), such as, for example: enclosures, prototypes, decorative objects, models, tools, various consumer goods (hereinafter, “Object(s)”).

2. 3D printing or 2D laser cutting can also be performed from a computer file created or reviewed by SCULPTEO, upon the expressed request of the Client. In this case, the Client undertakes to precisely describe their needs in writing, in a specification document or any equivalent document. SCULPTEO may propose (i) modeling and creating a 3D File based on the specifications provided by the CLIENT or (ii) adapting a File provided by the Client. These design services are subject to prior quotation and separate invoicing.

3. SCULPTEO reserves the right to refuse Orders for Objects that contravene public order or morality or blatantly infringe on the intellectual property rights of a third party. In particular, without limitation, the creation of firearms, objects with racist, discriminatory, pornographic characteristics, or representing violence without being a work of art, as well as any insignia, brand, or character whose intellectual property rights do not evidently belong to the Client, will be refused by SCULPTEO. The Client can contact SCULPTEO: by email: [email protected] by phone: (+33) 1 83 64 11 22 by mail: SCULPTEO Customer Service, 10 rue Auguste Perret, 94800 Villejuif, France.

1. To get a preview of the result, the Client can order samples of Objects created by SCULPTEO and available on the Site.
2. SCULPTEO may engage partner companies, located in France or abroad, to subcontract the production or finishing of Objects.

Article 2 – Placing Orders by the Client

The Client can place an Order in two ways:

• Either directly on the Site.
  In this case, the Client must upload their File to the Site, and an instant quote is generated automatically as the Client fills in the characteristics of their future Object.
• Or through SCULPTEO’s sales team.
  The Client has the option to request a quote directly from SCULPTEO’s sales team. To do this, the Client must provide their File to SCULPTEO and indicate the desired characteristics. A quote, to which these GTC are annexed, is then sent to the Client by SCULPTEO. The Client’s signature on the quote constitutes acceptance of the Order. Upon receipt of the quote signed by the Client, SCULPTEO will commence production of the ordered Objects according to the schedule defined in the quote.

General Terms applicable to all types of Orders: File format
The file formats that can be uploaded to the Site or communicated to SCULPTEO by the Client are mainly ‘.STL’ or ‘.OBJ’ formats, but SCULPTEO accepts over 30 different file formats.

Specific Terms applicable to Orders placed on the Site

1. For the Order to be valid, the Client must:

• • create an account on the Site;
  • upload their File to the Site;
  • provide the desired characteristics of the Object (size, material, color, finishes, production method, process used, etc.);
  • provide their information and contact details;
  • choose their delivery method;
  • review the summary of their information and contact details, the contents of the Order, and the price;
  • make the payment in accordance with Article 4 of these GTC.

2. Confirmation of the Order on the Site constitutes acceptance by the Client of these GTC.
3. Any Order is subject to validation by SCULPTEO in accordance with Article 5 of the GTC.

Article 3 – Prices

1. Orders are payable in euros, pounds, or US dollars. The currency can be chosen by the Client independently of the country in which the Order is placed.

2. The amount of VAT, the total price including VAT, as well as the amount of Order processing fees and shipping fees are indicated at the time of validating the shopping cart or on the summary invoice available after placing the Order or upon receipt, or on the Site under the “Your account” section.

3. Minimum Order fees will be applied to any Order amounting to less than US€50/EUR50/GBP50 excluding taxes, to account for unavoidable Order processing costs incurred by SCULPTEO.

4. SCULPTEO reserves the right to modify its prices at any time. Services will be invoiced based on the rates in effect at the time of Order placement by the Client in accordance with Article 2 of the GTC.

5. For Orders and deliveries made outside French territory but within the European Union, the provisions of the General Tax Code regarding VAT will apply.

6. For any delivery outside the territory of the European Union, customs duties, other local taxes, import duties or state taxes may be applicable. These duties and amounts are, unless otherwise indicated in the Order form, the sole responsibility of the Client who undertakes to verify the import possibilities of the Objects in the delivery country.

Article 4 – Payment Terms

Payment Terms applicable to Orders placed on the Site

1. Accepted methods of payment are: credit card, bank transfer, and e-payment (PayPal). Accepted payment cards are: MasterCard, Visa, and American Express.

2. Payment is made on the Site via the secure payment module, redirecting directly to the websites of the following specialized companies according to the payment option selected by the Client:
STRIPE for payment by credit card; or
PayPal (Europe) Ltd for payment by “PayPal account”.
The credit card number and expiration date are encrypted and transmitted directly to the specialized companies STRIPE or PayPal (Europe) Ltd. Services securely through the SSL (Secure Socket Layer) encryption process without SCULPTEO or third parties having access to it. In particular, SCULPTEO does not act as a technical intermediary in the transmission of payment data. SCULPTEO only knows the payment method selected by the Client. SCULPTEO therefore does not have access to the Client’s credit card data and does not retain it.

3. Effective payment date: The Order amount is debited at the time the Order is confirmed by the Client.

Payment Terms applicable to Orders placed outside the Site

For Orders placed directly with SCULPTEO’s sales team, the payment term of the invoice is by default 30 days from the date of invoice issuance.

Article 5 – Validation or Refusal of the Order by SCULPTEO

1. After placing the Order, an initial acknowledgment email is sent to the Client.

2. SCULPTEO then proceeds, within a reasonable period, to a number of verifications (such as verification of File format, conformity of the ordered Object to these GTC, technical feasibility, production including with regard to the quantities ordered).

3. Cases where the Order is validated by SCULPTEO – If the verifications of step 2 are satisfactory, the Order is validated by SCULPTEO. The Client will then receive a second email expressly indicating that the Order is validated and that the Object will be put into production.

4. Cases where the Order is refused by SCULPTEO – If the verifications of step 2 above are not satisfactory, the Order will be refused by SCULPTEO. SCULPTEO will then send an email to the Client. If the amount of the Order or the refused Object has already been debited by SCULPTEO, SCULPTEO will credit this amount to the Client’s user account on the Site within 14 days from the date of refusal. This credit will be valid for 1 year and can be used to place a new Order on the Site. The Client may also request a full refund of the price paid by submitting a written request to SCULPTEO.

5. SCULPTEO may identify particular risks related to an Order (such as, for example, quality defects, gradual and/or natural deformation of the Object over time, the possibility of breakage related to the geometry or material of the Object, color defects, the possibility of non-compliance with the exact dimensions of the Object, or the unsuitability of the shape of the Object for 3D printing or 2D laser cutting), and present them to the Client so that the latter agrees to confirm the Order despite these risks.

6. The data recorded and kept by SCULPTEO constitute evidence of the Order and all transactions between SCULPTEO and the Client.

Article 6 – Availability of Materials Used to Manufacture Objects

In the event of unavailability of the materials used to manufacture the Objects or equipment breakdown:

1. SCULPTEO reserves the right to suspend the 3D printing service at any time.

2. If the Client has placed an Order without being informed of the unavailability of materials or equipment breakdown:

• In case of definitive unavailability, SCULPTEO undertakes to offer the customer replacement Objects or to refund the Objects that cannot be manufactured no later than 14 days following the date on which the contract was terminated (in accordance with Article L216-7 of the French Consumer Code). This period is extended to thirty (30) days when the Client is a professional.
• In case of temporary unavailability, SCULPTEO informs the Client of the date on which the materials used to manufacture the Object will be available again if this date is known. The Client then has the option to maintain their Order with these new deadlines or to cancel it. In the latter case, SCULPTEO undertakes to refund the Objects that cannot be temporarily manufactured no later than 14 days following the date on which the contract was terminated (in accordance with Article L216-7 of the French Consumer Code). This period is extended to thirty (30) days when the Client is a professional.

Article 7 – Delivery of Objects

1. SCULPTEO endeavors to ensure its deliveries within the deadlines described in section 7.2 below, depending on the delivery method chosen by the Client and as indicated in the Order confirmation email.

2. When placing an Order, the Client may choose (i) the production mode (standard, economy, or express) and (ii) the delivery mode. The proposed delivery methods and applicable deadlines are as follows:

• Pickup by the Client at SCULPTEO’s factory (free): the Client can pick up their Order from the day after the production of the ordered Objects is completed; they will be notified of the availability of the Objects by email;
• Fast delivery: the Order will be delivered to the Client within a standard period of 2 days from its dispatch, unless a longer period is expressly communicated to the Client when placing the Order;
• Express delivery: the Order will be delivered to the Client within a standard period of 1 day from its dispatch, unless a longer period is expressly communicated to the Client.

These deadlines may exceptionally be extended in case of a high volume of Orders.

3. Objects are delivered to the address indicated by the Client when placing the Order.

4. Ownership of the Objects and the risks associated with them are transferred to the Client as soon as they take possession of the Objects.

5. Upon receipt of their Order, the Client must verify the conformity of the delivered Objects before signing the carrier’s delivery slip. Any anomaly regarding the delivery (damage, missing Object compared to the delivery slip, damaged package, broken Objects, etc.) must be detailed on the delivery slip in the “Reserves” section and must be accompanied by the Client’s signature. For these reservations to be taken into account, the Client must confirm this anomaly by sending a registered letter with acknowledgement of receipt to the carrier within 3 working days following the delivery date, stating the said claims. The Client must send a copy of this letter by regular mail to SCULPTEO.
6. In case of non-delivery of the Object on the specified date or within the agreed-upon period, the consumer Client may terminate the GTC under the conditions and modalities defined in Article L216-6 of the French Consumer Code.

Article 8 – Right of Withdrawal (for Consumer Clients)

Objects resulting from 2D and 3D services being in all cases customized goods, the right of withdrawal cannot apply to the Client in accordance with the provisions of Article L221-28 3° of the French Consumer Code, which provides that “the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer’s specifications or clearly personalized”.
As for samples, the right of withdrawal can be exercised by the Client according to the modalities described below.

Deadline and modalities for exercising the right of withdrawal

1. The Client has a period of 14 days from the day following the delivery date of their Order to return the sample(s) that do not suit them, without having to specify the reason, and to request a refund without penalty. In the case of an Order for multiple samples delivered separately, the withdrawal period runs from the receipt of the last sample. After this 14-day period, no sample can be returned to SCULPTEO.
2. To exercise their right of withdrawal, the Client must complete and send to SCULPTEO the withdrawal form template appearing at the bottom of these GTC by email to [email protected] or by mail to SCULPTEO, Customer Service, 10 rue Auguste Perret, 94800 Villejuif, France.

Modalities for returning samples under the right of withdrawal

1. The Client must return the sample(s) no later than 14 days following the communication of their decision to withdraw to SCULPTEO. The Client must return the sample(s) to the following address: SCULPTEO, Customer Service, 10 rue Auguste Perret, 94800 Villejuif, France.
2. The sample(s) must be returned in their original packaging and condition. Any sample that has been damaged, is incomplete, or whose original packaging has been deteriorated will not be refunded.
3. The Client undertakes full responsibility for return costs. Samples returned that require freight cost or cash on delivery will be systematically refused by SCULPTEO and returned to the sender.
4. SCULPTEO recommends choosing an insured mode of transport (carrier, or registered with acknowledgment of receipt). Any loss, damage, or delay in the return parcel remains the responsibility of the Client until receipt of the return parcel by SCULPTEO.

Refund and credit under the right of withdrawal

1.Refund: SCULPTEO will refund the Client the total amount actually paid for the concerned sample(s), including delivery costs. The refund of the delivery costs of the Order will be based on the cost of the least expensive standard delivery offered on the Site regardless of the amount of delivery costs paid when placing the Order. The difference in cost between standard delivery and another non-standard delivery method chosen by the Client when placing the Order (e.g., express delivery) will therefore remain the responsibility of the Client.

2. SCULPTEO will refund the Client no later than within 14 days from the date on which it is informed of the Client’s decision to withdraw. However, SCULPTEO may defer the refund until the sample(s) returned are received or until the Client provides proof of shipment of the sample(s), the date chosen being that of the first of these events.

3. SCULPTEO will make the refund using the same payment method that was used for the Order, unless otherwise agreed by the Client. If this payment method has expired, the Client must contact SCULPTEO to change the refund method.

4. Credit to the Client’s user account on the Site: The refund of an Order paid with a credit or voucher will be automatically credited as a voucher.

Article 9 – Warranty

1. Legal warranty of conformity – Objects ordered by the consumer Client benefit from the legal warranty of conformity provided for in Articles L217-1 to L217-32 of the French Consumer Code.
The consumer Client has a period of two years from the delivery of the Object to enforce the legal warranty of conformity in case of a defect of conformity. During this period, the consumer Client is only required to establish the existence of the conformity defect and not its date of appearance.

The legal warranty of conformity obliges the professional, if applicable, to provide all necessary updates to maintain the conformity of the Object.
The legal warranty of conformity gives the consumer Client the right to repair or replace the Object within 30 days following their request, free of charge and without major inconvenience for them.
If the goods are repaired under the legal warranty of conformity, the consumer Client benefits from a 6-month extension of the initial warranty.
If the consumer Client requests the repair of the Object, but the seller imposes replacement, the legal warranty of conformity is renewed for a period of 2 years from the date of replacement of the Object.
The consumer Client may obtain a price reduction by keeping the good or terminate the contract by being fully refunded upon return of the good if:

1. 1. The professional refuses to repair or replace the Object;
      
   2. Repair or replacement of the Object occurs after a period of 30 days;
      
   3. Repair or replacement of the Object causes major inconvenience to the consumer Client, especially when the consumer Client incurs the permanent costs of reacquiring or removing the non-compliant good, or if they incur the costs of installing the repaired or replaced good;
      
   4. The non-conformity of the Object persists despite the unsuccessful attempt to bring the Object into conformity by the seller.
      

The consumer Client also has the right to a price reduction of the Object or to terminate the contract when the conformity defect is so serious that it justifies an immediate price reduction or termination of the contract. The consumer Client is then not required to request the repair or replacement of the Object beforehand.
The consumer Client is not entitled to terminate the sale if the conformity defect is minor.
Any immobilization period of the Object for repair or replacement suspends the warranty that remained until the delivery of the repaired item.
The rights mentioned above result from the application of Articles L217-1 to L217-32 of the French Consumer Code.
The seller who obstructs in bad faith the implementation of the legal warranty of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover (Article L241-5 of the French Consumer Code).

2. Legal warranty against hidden defects – Objects ordered by the professional or consumer Client benefit from the legal warranty against hidden defects provided for in Articles 1641 to 1648 of the Civil Code. Hidden defects refer to defects of the Object that render it unfit for its intended use, or which so diminish that use that the Client would not have acquired it, or would have paid a lesser price, had they known about them.
The Client benefits from the legal warranty against hidden defects in accordance with Articles 1641 to 1649 of the French Civil Code, for a period of 2 years from the discovery of the defect. This warranty entitles them to a price reduction if the Object is kept or to a full refund upon return of the Object.

3. Exclusion of warranty – The warranties described above do not apply to defects caused by improper use of the Object by the Client, lack of maintenance, or if the defects or non-conformities are caused by or related to:

• Mechanical properties of the Object (such as density, shock resistance, tensile strength, elongation, melting temperature, elasticity, fatigue limit)
• Materials used (including powder) or finishes chosen by the Client
• Any difference that may exist between the visual representation of the desired Object as appearing in the File and the final Object, especially due to the difficulty in displaying material renderings on the screen.
• Non-compliance with additive manufacturing or 3D printing standards such as AFNOR, ISO, ASTM (even if these standards are mentioned in the technical sheets provided on the Site). SCULPTEO does not guarantee that the Objects comply with these standards.
• Any association of the Objects with material elements, equipment, materials, or products that are not provided, approved, or specifically recommended by SCULPTEO
• The type of printing chosen by the Client
• The geometry of the Object, according to the tolerances given as an indication on the Site
• Any modification made to the Objects by the Client or by third parties
• Any gradual and natural modification of the Object over time
• Any accident, vandalism, negligence, or mishandling causing damage to the Objects
• Normal wear and tear of the Objects
• Defective installation, maintenance, or storage of the Objects.

Additionally, the legal warranties specified above do not apply to samples to the extent that these samples are intended to allow the Client to study the materials and finishes offered by SCULPTEO, excluding any technical, utilitarian, or functional purpose.

Article 10 – Limitation of Liability

1. Subject to mandatory legal provisions, SCULPTEO’s total liability, for any reason whatsoever, shall not exceed the total amount paid by the Client for the relevant Order. The Client acknowledges and agrees that SCULPTEO shall not be liable for indirect or immaterial damages such as, but not limited to, moral harm, damage to reputation, loss of income, loss of business, loss of turnover or profits, loss of contract, loss of opportunity, loss of data, missed earnings or fines.

2. SCULPTEO’s liability cannot be engaged in the event of fault by the Client, a third party not under the control of SCULPTEO, or force majeure. For example, SCULPTEO’s liability cannot be engaged in the event of raw material stock shortage, delivery delay, strikes (including in transportation), or more generally, in the event of an event that is not exclusively and directly attributable to it.

3. SCULPTEO’s liability cannot be sought for any damage suffered by the Client that is caused by any of the warranty exclusions mentioned in Article 9(3) of the Terms and Conditions.

4. Manufacture of Objects – It is the Client’s responsibility to verify the possibilities of importing or using the Objects they intend to order in local regulations.
The consequences inherent to the person of the Client, such as allergic reactions to the materials used for the manufacture of the Object or if the finished personalized Object does not satisfy the Client due to their personal tastes, do not entail SCULPTEO’s liability.

5. Destination of Objects – The applications or uses for which the Objects are intended remain the sole responsibility of the Client. SCULPTEO does not guarantee that the Objects, including Objects resulting from Files created by SCULPTEO according to the Client’s specifications, comply with the intended destination desired by the Client, especially SCULPTEO does not guarantee any technical, utilitarian, or functional application of the Object. SCULPTEO shall not be held liable for misuse of the Objects, improper maintenance of the Objects, accidental damage, or any misuse of the Objects.
Total or partial impossibility of using the Objects, notably due to hardware incompatibility, cannot give rise to any compensation, refund, or holding SCULPTEO liable, the Client remaining solely responsible for assessing the compatibility of the ordered Objects with those already in their possession.

6. Use of the Site and browsing on the Site – In case of impossibility or slowdown of access to the Site due to technical problems or any other nature, the Client cannot claim damages and cannot claim any compensation.
SCULPTEO is obliged to use reasonable efforts for all stages of access to the Site, the ordering process, delivery, or subsequent services.
SCULPTEO’s liability cannot be engaged for any inconvenience or damages inherent to the use of the Internet network, including service interruption, external intrusion, presence of computer viruses, or any event qualified as force majeure by French courts.
When the Client accesses the Site through their customer account, they undertake to keep their username and password created personally securely and never to disclose them to a third party. In case of suspicion of access by a third party to their username and password, the Client undertakes to immediately inform SCULPTEO in writing on a durable medium and to immediately change their password.
The Client undertakes to ensure that the Files they transfer to the Site do not contain viruses or malicious programs, particularly those that destroy, modify, or unlawfully access data on the Site.
The Client must keep a copy of the File, and under no circumstances can SCULPTEO be held responsible for the loss or destruction of Files transmitted by a Client.

7. Hyperlinks – The hyperlinks on the Site may refer to other websites, and SCULPTEO shall not be liable if the content of these sites violates the laws in force. Similarly, SCULPTEO shall not be liable if the visit by the Client to one of these sites causes them harm.

Article 11 – Intellectual Property

1. Intellectual property of Site elements – All elements on the Site, including images, designs, texts, names, and logos, are the property of their authors and are therefore protected by intellectual property rights and exploitation rights held by SCULPTEO and/or creators associated with SCULPTEO. Therefore, any total or partial reproduction or representation of the elements on the Site is strictly prohibited without prior written authorization from the holders, except for strictly private use.
Any reproduction, exploitation, or use in France or abroad of all or part of the Site and/or any Object for professional use (in any capacity whatsoever, even partially) or duplication on any medium (such as websites, blogs) accessible, paid, or commercial, is prohibited without prior authorization from SCULPTEO and constitutes infringement punishable by Articles L335-2 and following of the Intellectual Property Code.

2. Intellectual property of samples – The intellectual property rights related to the samples sold on the Site belong to SCULPTEO and remain its property. No intellectual property rights on the samples are transferred to the Client. Any reproduction, representation, use, adaptation, or communication of the samples to the public is prohibited.

3. Intellectual property of elements communicated by the Client – The Client warrants that they hold all intellectual property rights related to the File and/or specifications and/or any written instruction or other document expressing needs or elements of any kind (hereinafter collectively referred to as the “Client’s Elements”) transmitted or made available to SCULPTEO in the context of these terms, or that they hold all necessary usage rights from any third parties to be able to grant SCULPTEO the usage rights as defined below. The Client warrants that these Elements do not contain any unauthorized borrowings from third parties and do not infringe the intellectual property rights of third parties. The Client warrants SCULPTEO against any claim or action by a third party whatever the cause (action for infringement, property claim, action for unfair competition) directed against SCULPTEO and undertakes to bear all costs, expenses, damages, and interests to which SCULPTEO may be sentenced due to the use of said Elements within the scope of these terms. The Client remains in any case the owner of the Elements communicated to SCULPTEO. The Client grants SCULPTEO the right of reproduction, representation, adaptation, 3D printing, and/or 2D laser cutting, on all media, by all means, all manufacturing processes, and via all materials of said Elements and more generally the right to use the Elements for the purpose of performing the services defined in these terms, including the right to sub-license these same rights to its subcontractors, for the duration necessary for the performance of the services and worldwide.

Article 12 – Destruction and Recycling of Objects

1. At the Client’s request and upon their agreement as formalized in a destruction authorization, SCULPTEO may destroy and recycle Objects that have been previously ordered and used by the Client.

 2. To ensure the effective destruction of the Objects, the Client agrees to identify as precisely as possible the Objects and Orders concerned by their destruction request in the fields provided for this purpose on the destruction authorization.

3. The signing of the destruction authorization entails (i) the waiver, from the destruction of the Objects onwards, by the Client of any intellectual property right they may hold on the Objects to be destroyed, as well as (ii) authorization for SCULPTEO to reuse the materials resulting from the destruction within the scope of its activities.

4. SCULPTEO guarantees to the Client that from the receipt of the Objects to be destroyed until their effective destruction, no infringement will be made on the intellectual property rights held by the Client on the Objects. In particular, no photograph or any other reproduction will be made of the Objects intended to be destroyed.

5. SCULPTEO guarantees to the Client the total destruction of the Objects transmitted by the Client, so that the Object is no longer recognizable, and only the material(s) used for the manufacture of the Object remain(s).

Article 13 – Personal Data

SCULPTEO collects and processes personal data relating to the Client for the purpose, in particular, of managing the Orders placed by them. In this respect, SCULPTEO undertakes to comply with the applicable regulations, namely Regulation (EU) 2016/679 of April 27, 2016 (the “GDPR“) and French Law No. 78-17 of January 6, 1978 known as the “Data Protection Act.” (« loi Informatique & Libertés » in french). To learn more about the protection of their personal data and to know and exercise their rights, the Client can consult SCULPTEO’s privacy policy.

Article 14 – Dispute Resolution

1. Applicable law: These General Terms and Conditions are subject to French law. A consumer Client who has their habitual residence in a country to which SCULPTEO directs its activities also benefits – pursuant to Article 6(2) of Regulation (EC) No 593/2008 of June 17, 2008 (the “Rome I Regulation”) – from the protection afforded to them by the mandatory provisions of the law that would be applicable in the absence of this “applicable law” clause in these General Terms and Conditions

2. Handling of complaints: If not fully satisfied with the services offered by SCULPTEO, the Client may contact SCULPTEO’s Customer Service:

• by email: [email protected]
• by phone: (+33) 1 83 64 11 22;
• by mail:
  SCULPTEO
  Customer Service
  10 rue Auguste Perret
  94800 Villejuif, France

3. Mediation of disputes: The Parties will endeavor to settle amicably and in good faith any disputes that may arise between them regarding the interpretation, partial or total performance, or non-performance of these General Terms and Conditions.

• In the case of a consumer Client, the dispute may be submitted to a consumer mediation procedure under the conditions provided for in Title I of Book VI of the French Consumer Code. To this end, SCULPTEO guarantees the Client effective recourse to a consumer mediation mechanism.
• In the case of a professional Client, the dispute will be submitted to a mediator of the Professional Chamber of Mediation and Negotiation (“PCMN”), for their professional guarantees of independence, neutrality, and impartiality. For the referral, one of the Parties must give the mediator a mandate to organize a meeting so that the other Party appears within the month following the request. For the meeting, the mediator sends a letter with acknowledgment of receipt to each of the Parties. The Parties will share equally the costs of the mediator’s intervention and undertake to participate in at least one meeting with the mediator, with the aim of finding the most suitable solution to resolve the dispute with their regulatory assistance.
  If the Parties do not reach an agreement, this arbitration clause will be deemed honored.

4. In the absence of an amicable agreement, any dispute will be submitted to the competent court of the defendant’s domicile or, at the option of the plaintiff, the place of actual delivery of the Object in accordance with Articles 42 and 46 of the French Code of Civil Procedure. In the case of a professional Client, the courts within the jurisdiction of the Court of Appeal of Créteil (94000 France) will be exclusively competent.

Article 15 – Final provisions

1. Partial invalidity – If one or more provisions of the GTC are held to be invalid or declared as such pursuant to a law, regulation, or final decision of a competent court, the other provisions shall remain in full force and effect.

2. Non-waiver – The fact that one of the Parties does not invoke a breach by the other Party of any of the obligations set forth in the GTC shall not be interpreted for the future as a waiver of the obligation in question.

3. Interpretation – In case of difficulty in interpreting one of the headings appearing at the beginning of a clause of the GTC and the provisions of said clause, the heading shall be deemed nonexistent.

4. Severability – If any clause of the GTC is declared null and void by a court decision, such nullity shall not affect the validity of the other clauses, which shall continue to have full force and effect.

ANNEX TO THE GTC:

MODEL WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the GTC. If possible, please also provide your Order number.)
To: SCULPTEO, Customer Service, 10 rue Auguste Perret, 94800 Villejuif, France, email: [email protected]
In accordance with Article L221-18 of the French Consumer Code, I hereby notify you of my right of withdrawal from the contract for the sale of the sample(s) below:

[Specify sample(s) concerned]

Received on [indicate delivery date]

Customer’s Name: [to be completed]

Customer’s Address: [to be completed]

Customer’s Signature (only in case of notification of this form on paper): [to be completed if applicable]

Date: [to be completed]