§1 DEFINITIONS:

1. Regulations – these Regulations, which discuss the principles of cooperation between Customers and Łukasz Jastrzębowski Dreambinger 3D Modeling and Printing (hereinafter referred to as: „Company” or „Dreambinger„) with its registered office in Dębnica Kaszubska at ul. Sosnowa 37 and define the terms and conditions for the provision of services by the Company.
2. Client – a natural or legal person or an organizational unit without legal personality who decides to use the Company’s services.
3. Serviceprovider – it is the company „Dreambinger”.
4. Website – the www.dreambinger.pl domain and its pages that are part of the domain through which the Company provides its services.
5. Working days – days of the week from Monday to Friday, excluding public holidays.
6. Agreement– means a contract concluded between the Service Provider and the Customer, the subject of which is sale of Goods, delivery of Digital Content or provision of Electronic Services to the Customer.
7. Goods – means a product understood as a movable item or a digital product made individually under the Agreement concluded between the Company and the Customer.
8. Electronic services – means free services provided electronically by the Company to the Customer via the Website (quote form).
9. Working hours – means the time range between 08:00 and 16:00 Central European Time.

§2 GENERAL PROVISIONS

1. All rights to the Company, including copyrights, intellectual property rights to its name, its Website, as well as patterns, forms, logos appearing on the Website (except for logos and photos presented on the Company’s website for the purpose of presenting Goods to which copyrights belong to third parties) belong to the Service Provider, and they may be used only in a manner specified and in accordance with the Regulations and with the consent of the Service Provider expressed in writing.
2. It is forbidden for the Customer to provide illegal content and to use the Company’s website, the Company’s website, in a manner contrary to the law, decency or infringing personal rights of third parties.
3. The Service Provider reserves the right to change the Offer.

§3 ELECTRONIC SERVICES

1. The Company provides the Customer with free Electronic Services related to the Company in a form of a quote form.
2. The Company allows the Customer to browse a portfolio selected by the Service Provider available on the Website, a list of services offered along with the information content and a quote form, which is an Electronic Service ofa contact form and is the basis for valuation of the services offered by the Company. Sending a quote form does not require registration or providing sensitive personal data.
3. The Client has the opportunity to get acquainted with the scope of services provided by the Company through the presented portfolio and written content available on the Website. On this basis, the Customer is able to judge whether the Service Provider has the appropriate skills and workshop.

§4 ORDERS

1. The valuation form does not create a contract between the Customer and the Company and has no legal force, it is an introduction to the conversation aimed at concluding the Agreement.
2. The customer fills the available valuation forms based on the text fields contained therein, and then sends the completed valuation form by clicking the „Send message” button located under the form.
3. After receiving the form, the Service Provider makes a valuation of the service, i.e. estimates the number of man-hours and the expected cost of performing the service, and within 48 hours counted from the time of sending the form, transfers the amount of the Service to the e-mail address indicated by the Customer in the form.
4. The sent quote is an invitation to sign the Agreement between the Customer and the Company, which the Customer may reject without consequences.
5. No response from the Customer within 4 working days to messages sent by the Service Provider before signing the Agremeent is considered as rejection of the offer of Services on the part of the Customer and does not entail any consequences.
   • If the Customer replies after the specified date, the conversation in order to sign the Agreement is continued.
   • Repeated delays in communication on the part of the Client may constitute the basis for the Company to withdraw from further attempts to sign the Agrement due to the Client’s unreliability
6. The Agreement is concluded between the Client and the Company at the time of mutual acceptance of the terms of the Agreement and signing the Agremeent by the Client and the Service Provider, or by confirming the order using digital methods, such as sending a verbal confirmation of the Service order via e-mail to the Company’s address bok@dreambinger.pl or other means of communication, used by the Company, after which the Service Provider confirms the acceptance of the Service order. A conversation without a clear mutual confirmation of the order for the Service via e-mail or in writing is considered invalid.

§5 ORDER FULFILLMENT

1. The Service Provider is obliged to deliver the ordered product within the time limit specified in the Agreement. The Service Provider will specify the number of days needed to complete the order and inform the Customer about it before concluding the Agreement.
2. During the period of exercising the Agreement, the Customer has the right to send an inquiry about the progress and photos of the progress of work and to receive a response from the Company containing the requested information.
3. The company reserves the right to inform the client about the progress of work and send photos of the work performed with a request for approval of the progress made so far in case of critical details affecting the progress of further work. Critical details include, but are not limited to, e.g.: the mesh of the created model, the geometry of which defines the further details to be applied and whose subsequent modification will contribute to the degeneration of these details, the arrangement of the components of the created model, geometries in the model not resulting from the technical data provided by the Customer as a result of model optimization, for example for 3D printing.
4. Depending on the specificity of the Service performed, the query listed in point 3 may result in:
   • Suspension of further work until a response from the client is received, the list of problems includes but is not limited to, among others: lack of dimensions necessary for further work progression, encountered critical problems related to the Service, and which arose only during the performance of the Service;
   • Postponing work on the performed detail, meanwhile work on the rest of the created model is continued until the discussed detail will block further progress of the Service.
5. The Service Provider undertakes to inform the Customer about an impact of an inquiry sent on further progress of works and to use any means of communication provided by the Customer, if the inquiry causes delays, in order to inform about a suspension of works.
6. In case of an inquiry suspending further work, the Service Provider’s waiting period for the Customer’s response is 24 working hours, counted from the time of sending the inquiry or from 08:00 CET, if the inquiry was sent after working hours.
7. If the Customer fails to respond after 24 working hours, the Company reserves the right to impose additional charges on account of man-hours in the amount resulting from a quotient of the quote of the Service by the number of estimated man-hours for each subsequent working hour of delay. In case of the delay lasting for 48 working hours, further billing is suspended and the service is continued at the discretion of the Service Provider or suspended until a response is received.
8. The Customer has the option of submitting notes and corrections to the Goods free of charge, provided that the notes and corrections remain consistent with the Agreement, i.e. are not aimed towards an introduction of changes deviating from the concept set out in the Agreement. The Service Provider reserves the right to charge an additional fee for making corrections that go beyond the terms of the Agreement, before making which the Service Provider informs the Customer using the contact method set out in the Agreement.
9. The Service Provider is the author of the Goods and in special cases may refuse to introduce changes to the Goods. The Service Provider introduces changes to the Goods suggested by the Customer free of charge, if the Service Provider considers them appropriate. The Service Provider reserves the right to refuse to introduce free changes if it considers that the suggested changes significantly deviate from the specification of the Goods set out in the Agreement documentation. This will happen within five business days. Free correction may only concern objective errors (e.g. inconsistency of dimensions) committed by the Service Provider and failure to comply with the arrangements set out in the Agreement. Other corrections, resulting from changes on the part of the Customer – e.g. change of the concept, are paid extra.
10. The Customer has the option of submitting notes to the Goods delivered to him by the Service Provider within fourteen working days. After the expiry of the indicated working days, when the Customer has not submitted any comments, the sent Goods are considered to meet the conditions of the Agreement.
11. The goods are compliant with the Agreement, if compliant with the Agreement are their:
    • description, type, quantity, quality, completeness and functionality.
    • suitability for a specific purpose for which it is needed by the Customer, about which the Customer notified the Service Provider at the latest at the time of concluding a contract and which the Service Provider accepted.

§6 WARRANTY AND COMPLAINTS

1. In case of placing an order for physical Goods, which are non-prefabricated Goods, in accordance with point 3. article 38 of the Act on Consumer Rights, the Customer is not entitled to return the Goods.
2. All Goods manufactured by the Company are covered by a one-month manufacturer’s warranty, during which the Company undertakes to repair or replace the Goods that are inconsistent with the Agreement.
3. In the event of non-compliance of the Goods with the contract, the Consumer has the rights set out in the provisions of the Act.
4. The Service Provider is not responsible for the non-compliance of the Goods with the Agreement to the extent specified in §5 point 11, if the Consumer, no later than at the time of making the payment for the performance of the Agreement by the Company, was clearly informed that a specific feature of the Goods deviates from the requirements of compliance with the contract set out in §5 point 11 and clearly and separately accepted the lack of a specific feature of the Goods.
5. The service provider is liable for the non-conformity of the Goods with the contract resulting from improper installation of the Goods, if:
   • it was carried out by the Service Provider or under its responsibility,
   • improper installation carried out by the Customer resulted from unobvious errors of the Goods, which include:
     • making the Goods from a material that does not meet the requirements described in the Agreement,
     • the Goods have an unforeseen geometry, resulting from the service performed by the Service Provider, preventing the proper installation of the Goods or causing damage to the Goods during the assembly of the Goods, which did not result from the action described in §5 point 7.
6. Notes regarding the Goods delivered to the Customer should be submitted electronically to the Service Provider’s address or via other means of communication used by the Service Provider.
7. Consideration of a complaint is carried out within 14 working days from the date of receipt of the complaint by the Service Provider.
8. The response to the complaint is sent to the Customer’s e-mail address.
9. If the Goods are non-conformed with the contract, the Customer may demand their repairment or replacement.

§6 PAYMENTS

1. Payment for the completed order is paid on the basis of an invoice. The Service Provider accepts a 40% advance payment before the execution of the order, unless the parties agree otherwise. The second part is paid by the Customer before receiving the final version of the Product on the day on which the Service Provider announces the execution of the order and presents proof of the execution of the order, or after agreeing another date with the Service Provider.
2. The customer has the right to withdraw from the contract after making a transfer to the account of the Service Provider, however, the advance payment is not refundable, moreover, the advance payment is tantamount to the fact that the customer has read the Regulations and accepts them.
3. Payments for the advance payment and the performance of the Agreement shall be made in electronic form to the bank account indicated in the Agreement.
4. The customer agrees to receive the invoice electronically.

§7 PERSONAL DATA PROTECTION

1. The condition for sending an inquiry via the valuation form or e-mail available on the Website is providing the Customer’s e-mail address and accepting the terms of these Regulations.
2. The data contained in the form are not disclosed by the Service Provider to third parties.
3. The administrator of the Customer’s personal data is Łukasz Jastrzębowski Dreambinger 3D modeling and printing NIP: 839-314-01-90.
4. The administrator of Personal Data is Dreambinger.
5. The Personal Data Administrator declares that personal data collected via the Website are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (hereinafter: GDPR).
6. The Customer’s personal data will be processed in order for the Company to provide services to the Customer, as well as to pursue claims, create settlements and issue accounting documents.
7. The following personal data of the Customer will be processed:
   • First and last name,
   • contact person details,
   • e-mail address,
   • business address,
   • phone number,
   • tax identification number (TIN).
8. The Customer’s personal data will not be transferred outside the European Economic Area.
9. Subject to the limitations resulting from the GDPR and other legal provisions, the Customer has the right to access their personal data and the right to rectify, delete, limit processing, as well as the right to transfer personal data, the right to raise objections, and the right to withdraw consent to the processing personal data at any time.

§8 FINAL PROVISIONS

1. The customer confirms that he has read these Regulations and undertakes to comply with them.
2. The Service Provider is not responsible for the accuracy of the data provided by the Customer.
3. The Service Provider collects from the Customers the data needed to contact – e-mail address and/or contact phone number, and the data needed to issue an invoice for the delivered product: name and surname, street and city, postal code, telephone number, tax identification number and company name.
4. The Service Provider reserves the right to change these Regulations for important reasons, in particular due to changes in the law or technological changes. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations that were in force on the date of placing the order by the Customer. The amendment to the Regulations comes into force from the date of its publication on the Website. If the Customer does not accept the new content of the Regulations, he is obliged to notify the Service Provider of this fact, which results in termination of the contract upon entry into force of the new content of the Regulations. The customer does not incur any costs in this regard.
5. The Customer allows the Service Provider to indicate him as his Customer for marketing purposes, and also consents to the presentation of works being the subject of the Agreement on any websites that are the Service Provider’s portfolio.
6. If the Customer does not agree to the placement of the ordered product in the Service Provider’s portfolio, he is obliged to inform him about it in an e-mail before performing the service.