GENERAL TERMS OF SALE AND TERMS OF SERVICE
- 1) VALIDITY OF THE GENERAL CONTRACTUAL CONDITIONS AND PARTS.
1.1 These General Terms and Conditions of Sale apply to all sales made by Blue Series Srl,
located in Via Piane Tronto, 64010 Controguerra (TE), certified email [email protected],
email [email protected], are published on the website of the Seller www.niuo3d.com
(brand partner of Blue Serie Srl) and are considered known and accepted by the Buyer upon
submission of the request/pre-order, in accordance with the procedure provided in the
following art. 2.
1.2 The sale shall be governed exclusively by these General Terms and Conditions of Sale and
in no case shall any other provisions or provisions of any nature, affixed to documents sent by
the Buyer or otherwise made known, which have not been expressly approved in writing by
the Seller, be considered applicable.
1.3 The Seller reserves the right to modify the content of the aforementioned general terms
and conditions of sale at any time and without prior notice. - 2) OFFER AND ACCEPTANCE
2.1 This document contains the terms and conditions relating to all transactions that may be
carried out through the aforementioned website or directly with the seller.
2.2 The Buyer may submit requests for quotes, pre-orders and/or orders through the website
by requesting a quote, or by email.
2.3 The buyer undertakes to provide complete data for all parties involved in the transaction.
This includes any end users, if different from the purchaser, as well as banks and/or third-
party beneficiaries.
2.4 It is understood that with the online order, the Buyer will be responsible for the
information entered incorrectly or incompletely (in particular the address of the recipient)
that may cause errors in the fulfillment of the order itself (especially in delivery).
2.5 Likewise, if the Buyer submits a purchase offer, the Seller will not be bound until a written
order confirmation is sent or the production order is carried out
2.6 The offer/quote/pre-order issued by the Seller is valid for the calendar day on which it is
issued, unless otherwise communicated by the Seller to the Buyer.
2.7 The Buyer retains the right to accept, modify or cancel requests for quotes/orders/pre-
orders up to check out according to the model/file uploaded/service requested. Changes or
cancellations of the order after payment/check out will not be accepted under any
circumstance.
2.8 The Buyer is aware of the fact that the Seller may not directly manage the request for the
service and the production of what was agreed upon, but may assign it to experienced
manufacturers in possession of knowledge and equipment suitable for the purpose
(hereinafter referred to as “Partners”). This applies both to construction and to the quotation
process.
2.9 The Seller has the right to assign production to several different Partners in order to
complete an order. The Seller is not obliged to inform the Buyer of the matter. The Buyer
agrees that the production process may be carried out by the Partners. The files provided by
the Buyer at the time of the request may be shared with the Partners.
2.10 The Seller and/or Partners may modify the technical details of the drawings and files
provided by the Buyer to the extent necessary for the commissioned production.
2.11 The start of production is contingent to the payment of the balance by the Buyer. - 3) PRICES AND CONDITIONS
3.1 Unless otherwise agreed, all sales prices, including shipping costs, are quoted and all
payments must be made in Euros and are to be understood as excluding VAT, which will be
calculated subsequently during the order process.
3.2 Payments can be made via VISA, MASTERCARD, AMERICAN EXPRESS or bank transfer to
the following IBAN (—–)
3.3 Pursuant to EU Omnibus Directive no. 2019/2161 of 27 November 2019 (European
regulations for consumer protection), with regard to services that can be accessible through
an automatic quote system, the selling price is calculated by an algorithm, constantly updated
and optimized to obtain the best price and ensure maximum efficiency and competitiveness
of the service.
3.4 The buyer hereby acknowledges the possible cost variations due to periodic optimizations
of the product taking into account materials, finishes and variations not attributable to
seasonality or specific events.
3.5 In the interest of transparency and consumer protection, the price indicated in the
estimate at the time of the order is valid, except in the case of the seller’s right to amend it, if
found to incorrect due to system inefficiencies.
3.6 By accepting the quote, the Buyer declares to have reviewed and accepted in full the offer,
the product specifications and the general terms and conditions of the contract in all its parts.
The Buyer also declares that he has not entered false or fictitious data in the order form, and
that the data entered corresponds to his real personal and tax information, also in relation to
their status as “consumer”. The Buyer acknowledges that in the event of false declarations,
they will assumes the related criminal and civil consequences provided for by law.
3.7 The obligations undertaken by the Buyer in this contract are essential for the Seller, who
reserves the right, in the event of non-compliance with one of the aforementioned
obligations, to terminate the contract, without prejudice to any right to compensation for
damages. - 4) TAXES AND CUSTOMS CHARGES.
4.1 The buyer shall bear all rights, excise duties and other taxes, as well as customs charges,
that may arise from shipment to delivery.§ - 5) DELIVERIES/SHIPMENTS – Risk of Loss
5.1 Unless otherwise agreed in writing, all parts are shipped for EXW / ex-works delivery within
the European Union from the headquarters of the Seller Blues Series Srl or other locations
indicated and/or appointed by the Seller. The Buyer assumes all risks associated with the
transport and transit of the goods.
5.2 The quote will detail the production and shipping times, which will vary depending on the
type and quantity of the products ordered.
5.3 After shipment, the Buyer will receive the appropriate e-mail containing tracking code and
updates on the shipment.
5.4 For reasons of safety and guarantee in transport, the courier is selected and appointed
exclusively by the Seller at its sole discretion, unless otherwise agreed.
5.5 The Seller assumes no responsibility for delays in delivery, even those not due to force
majeure or unforeseen circumstances.
5.6 The shipment will be at the risk of the Buyer, who will be responsible for all duties,
expenses and taxes of customs clearance, storage and/or delays occurring in the country of
destination.
5.7. The shipping terms will take effect from the date on the order confirmation, upon receipt
of all the necessary information for the fulfillment of the supply, and after the payment of the
order. - 6) CUSTOMER PRECAUTIONS
6.1 Upon delivery of the goods by the courier, the Buyer is obliged to check:
• That the number of packages delivered corresponds to what is indicated on the
transport document;
• That the packaging is intact, undamaged, or otherwise altered, even in the sealing
materials.
6.2 Any damage to the packaging and/or the product, or any discrepancies in the number of
packages or indications must be reported immediately, affixing the words “WRITTEN
RESERVATION FOR INSPECTION” on the Courier’s proof of delivery. Once the Courier’s
document has been signed, the Buyer may not oppose any objection regarding the external
characteristics of what has been delivered.
6.3 Any problems relating to the physical integrity, conformity or completeness of the
products received must be reported within 8 days of delivery, in accordance with the
procedures set out in this document. - 7) MODELS FOR THERMOFORMING.
7.1 The “models for thermoforming” or 3D prints are made by the Seller upon specific request
of the customer.
7.2 These models are to be considered exclusively as educational and didactic tools, with the
express exclusion of use as medical devices, and are made by the Seller excluding any
therapeutic purpose.
7.3 The Seller reserves the right to change the density ratio of the parts to be printed without
prior notice.
7.4 The Seller is not to be held responsible for models that do not meet or satisfy the actual
dimensions and dimensions of the submitted file. The Seller is also not to be held responsible
for damage to property or persons deriving from the improper use of the models. - 8) BUYER’S OBLIGATIONS.
8.1 By accepting the quote, the Buyer declares to have read and accepted the offer, the
product specifications and the general terms and conditions of contract in all its parts. The
Buyer also declares that he has not entered false or fictitious data in the order form, and that
the data provided corresponds to his real personal and tax information, including in relation
to their status as “consumer”. - 9) PAYMENTS
9.1 The payment terms are accepted by the Buyer in the order confirmation as indicated on
the website by the Seller.
9.2 The Buyer is required to pay the price in full even in the event of a dispute or claim.
9.3 Failure to pay or delayed payment, even of only a part of the price, entitles the Seller to
request, starting from the due date of payment and without the need for formal notice,
default interest pursuant to Legislative Decree 231/2002.
9.4 In the event of non-payment or late payment, the Seller shall have the right to terminate
the contract by sending a mere written notice pursuant to Article 1456 of the Italian Civil
Code.
9.5 The Seller is hereby authorized to and has the right to suspend the supplies and any other
obligation imposed on it in the event that the Buyer fails to pay the price within the agreed
terms. - 10) INVOICING AND DOCUMENT DELIVERY
10.1 Sales invoices will be sent to the Buyer in accordance with the law. A courtesy copy will
be sent, upon request, by e-mail, attaching a file in .pdf format to the e-mail address indicated
by the Purchaser himself.
10.2 The Buyer is obliged to communicate to the Seller the tax details necessary for sending
the electronic invoice and the e-mail address to which the courtesy invoices are to be sent, as
well as to promptly communicate any changes to this information during the execution of the
supply or in the case of new orders. - 11) COMPLAINTS
11.1 Any complaints must be communicated to the Seller no later than eight (8) days after
delivery. The Buyer will return the purchased goods to the Seller, who will carry out the
appropriate checks. Technology and manufacturing defects as detailed in Annex A of these
terms and conditions of sale are excluded, which are deemed to have been accepted along
with the acceptance of these conditions and terms of sale. If the Buyer’s claim is founded,
within the subsequent verification period of fourteen (14) working days, the transport costs
will be borne by the Seller, upon provision of the appropriate supporting documentation, and
the Seller will either replace the goods or repair them at its sole discretion. If the claim is
unfounded, the goods will be collected at the expense of the Buyer.
11.2 Any complaints relating to the non-conformity of the goods delivered with the order
must be made by the Buyer via certified email to the Seller’s address no later than eight (8)
days from delivery. After this period, the goods will be considered definitively accepted.
11.3 Any presumed or actual damage during transport must be reported immediately to the
carrier, as the Seller is not to be held responsible for such damages. - 12) MANUFACTURING CONTRACT
12.1 The Buyer is aware that the Seller may not directly carry out the management and
production of what has been agreed but assign it to experienced manufacturers in possession
of knowledge and equipment suitable for the purpose (hereinafter referred to as “Partners”).
The files provided by the Buyer at the time of the request may be shared with the Partners.
The Seller has the right to entrust the production to several different Partners in order to
complete an order. The Seller is not obliged to inform the Buyer of this. The Buyer agrees that
the production process is carried out by the Partners identified by the Seller.
12.2 The Seller and/or Partner may modify the technical details of the drawings and files
provided by the Buyer to the extent that this is necessary for the production of the
commission. The start of production is subject to the payment of the balance by the Buyer. - 13) WARRANTY
13.1 The Seller assumes no responsibility for the design of the items that are the subject of
the transaction. The Seller may suggest changes to the design or provide analysis, simulation
or advice in order to improve and/or meet the needs of the manufacturing process, remaining,
however, exempt from any liability derived from the use of the component(s) and/or
product(s) by the Buyer or third parties.
13.2 The Buyer assumes all responsibility for the specifications of the project and the goods
subject to the transaction.
13.3 The Seller provides no express or implied warranty of any kind with respect to any
product or service included, nor does it guarantee the merchantability and/or suitability of
the product for a particular purpose, it remains the sole responsibility of the Buyer to comply
with any laws, rules or regulations.
13.4 In particular, the Seller assumes no responsibility for the selection of materials for the
production of the items subject to the transaction, which falls solely on the buyer, who is
responsible for ensuring that the materials selected for the goods to be produced comply with
the law, including the Directive 2002/95/EC on the restriction of the use of hazardous
materials and the respective national laws transposing this Directive across the Member
States. Any statements or information provided by Seller’s personnel or specifications
provided by Seller regarding the materials shall be verified by the Buyer with the manufacturer
of the material.
13.5 The Seller shall provide, in relation to the Products purchased by the Client in his capacity
as Consumer, the legal guarantee of compliance with the conditions and terms set out in
Article 128 et seq. of the Consumer Code, where the sale has been made to a Consumer
(“natural person acting for purposes unrelated to the business activity, commercial, craft or
professional event”).
13.6 Consumer’s warranty rights may be exercised on condition that the Products have been
used correctly, with due diligence and in compliance with their intended use, as well as upon
presentation by the Buyer of the delivery note received with the goods and indication of the
order number. The costs related to the return of products as a result of the exercise of the
warranty will be borne by the Consumer. The warranty rights of non-consumer Buyers are
governed by the provisions of the Civil Code in force regarding sales contracts. In any case,
any complaints for defects or faults must be submitted in writing by the Seller by registered
letter, e-mail or certified email (PEC), within 8 days of receipt of the goods. The Buyer must
accompany any claim of defect with photographs showing the damage to the goods.
13.7 The Seller is not liable for any damages incurred by the Buyer due to transportation,
improper storage conditions, incorrect installation or improper use of the parts. - 14) RETURN PROCEDURE
14.1 For the acceptance of the return for non-conformity or incorrect ordering, the Buyer
must follow the procedure outlined below: contact the Seller at the following certified
[email protected], providing the following information: order number, customer details
and issues related to the order.
The Seller shall notify or deny its authorization within eight (8) days and the Buyer shall
arrange for the shipment of the material by courier following the instructions received.
14.2 Adhering to these procedures ensures that the Products reach the correct destination
and are in good conditions, all in the shortest possible time. If the Buyer does not comply with
this procedure, the Seller reserves the right not to accept the return upon receipt. - 15. DISCLAIMER OF LIABILITY
15.1 The Buyer relieves the Seller of any liability for the occurrence of damage of any kind to
things and persons, reserving the right for compensation in the event of fault and/or wilful
misconduct on the part of the Buyer; the Seller’s disclaimer of liability also extends to cases of
breakage of parts, unsuitability for use, non-compliance with agreed terms/failure to meet
production timelines. - 16) INTELLECTUAL PROPERTY
16.1 The Buyer agrees that all forms of intellectual property related to the orders, including
but not limited to patents, utility models, ornamental models, trademarks, patented or non-
patentable inventions, trade secrets, procedures or processes, and know-how (the “Industrial
Property Rights”), are and will be the sole and exclusive property of the Seller. The Buyer shall
not reproduce or use them in any way without the Seller’s written consent.
16.2 The website, as well as all trademarks and distinctive signs used in relation to the sale of
the offered products, are protected by the applicable intellectual property rights and
copyright laws. Any type of reproduction, distribution, alteration or transformation, in any
form and for any purpose, is prohibited. The Seller reserves the right to take legal action to
protect its rights and/or to report any incident of infringement to the owners of the
trademarks and other distinctive signs involved.
16.3 The Buyer’s intellectual property and copyright rights apply to orders, contracts,
information, designs, images, calculations, descriptions and all other documents provided to
Blue Series S.r.l., which undertakes not to make them available and not to disclose them to
third parties other than partners, not to use them internally, except for the purposes of
production, and not to reproduce them without prior explicit consent, except for granting the
Seller’s partners access to the documents or the right to reproduce them solely for the
purpose of providing quotes, offering consultancy, and developing the product. - 17) DOMICILE ELECTION
17.1 The Seller, for the purposes of communications and notifications, declares to elect its
domicile at its registered office.
17.2 Any communications / notifications must be sent via registered letter with return receipt
or via certified email to the following address: [email protected].
17.3 Communications made by Blues Series to Buyers/Purchasers may be made via e-mail or
directly from the MES system from which the Buyer can interact with the seller. - 18) FORCE MAJEURE
18.1 The Seller shall not be liable for any failure to manufacture, deliver or supply, or for any
delay in production, delivery or supply of any goods to be provided, whether due to force
majeur, fire, weather conditions, strikes, blackouts, executive difficulties, inability to obtain
the materials, equipment, labour or transportation, governmental restrictions, serious
disturbances to public health or any similar cause beyond the Seller’s control. - 19) CONFIDENTIALITY
19.1 Each party agrees to take all necessary measures to ensure that any information or
technological knowledge, exchanged for the finalization or performance of the contract, or
acquired in the course of carrying out the activities covered by the contract, remains secret
and is not disclosed to third parties, except to the Seller’s management and production
partners.
19.2 The parties commit to a mutual exchange of information regarding the products,
specifically with reference to the following: manufacturing and use of the products, including
data, manufacturing specifications, drawings, safety controls, product analysis and
specifications, quality control, sales projections.
19.3 In order to maintain the confidentiality of information, it is necessary to prevent
unauthorized disclosure by the parties. For this reason, the Seller and the Buyer agree that all
information disclosed by the other party – whether or not identified as confidential, and
regardless of whether it is disclosed orally, in writing or electronically – will be treated as
strictly confidential. Furthermore, should the other party request it, they agree to consider
signing a specific non-disclosure agreement.
19.4 The Buyer is guaranteed the utmost care and attention in order to ensure that the
systems responsible for protecting the documents/files are always up to date. The Buyer
agrees that the manufacturing process may be assigned to Partners identified by the Seller
and, therefore, the files provided by the Buyer when requesting a quote may be shared with
Partners to enable the production of the commissioned products. In any case, the files remain
the property of the Buyer. The files used for the request or order remain the property of the
buyer.
19.5 The Buyer agrees not to make unfounded statements that are detrimental to the Seller’s
business reputation on the service received, transmitting erroneous and reprehensible
information under the law, for which the Seller reserves protection in the competent offices. - 20) PRIVACY
20.1 Under these General Terms and Conditions of Sale and the contract subject to them, the
parties may mutually exchange data (name, surname, company email, company telephone
number) of administrators, employees or collaborators who, by virtue of the functions held
and duties performed, manage or perform the Contract itself.
20.2 Each party will process the received data in full autonomy as data controller, strictly
within the limits necessary for the performance of the Contract, in manual, paper, computer,
digital and telematic form, including automated processing, and in compliance with the
applicable Italian data protection rules and regulations.
20.3 The personal data in question will be retained by each party until the completion of the
contractual obligations and services and thereafter until the expiry of the statute of limitations
for the rights and/or actions related to the contractual relationship.
20.4 In consideration of the performance of the Contract, personal data may be
communicated to third parties within the EU. If personal data needs to be transferred to non-
EU countries, such disclosure will occur only after verifying the existence of adequacy
decisions issued by the EU Commission regarding the level of protection of personal data
protection in the country of destination, or the existence in that country, of adequate
guarantees for the data subject, as well as enforceable rights and effective legal remedies. - 21) EU EXPORT REGULATIONS
21.1 The goods subject to this transaction may be subject to EU export control regulations and
national regulations restricting the export and re-export of certain sensitive products and
technology where it is delivered and used. The Buyer must comply with all applicable laws.
21.2 The parts must not be sold, leased or transferred to end users or countries subject to
restrictions or to users who are involved in any way with weapons of mass destruction or
genocide. - 22) RIGHT OF WITHDRAWAL FOR “CONSUMERS”
22.1 Pursuant to the Consumer Code (Legislative Decree no. 206/2005), the Buyer (only if he
qualifies as a “Consumer”, i.e., a natural person acting for purposes unrelated to any
entrepreneurial, commercial, artisanal or professional activity carried out) has the right to
withdraw from the contract within fourteen (14) days from the order itself, provided that
production has not commenced and/or been completed, and without prejudice to the
reimbursement of any expenses incurred by the Seller.
22.2 The right of withdrawal pursuant to Article 59, letter c) of the Consumer Code cannot be
exercised if the sold goods have been made “custom-made” or “personalized” according to
the final choice of the customer.
9
22.3 The right of withdrawal is also excluded for the category of consumer under Articles 52
to 58 of the Consumer Code for distance contracts and contracts negotiated away from the
business premises.
22.4 In any case, if the right of withdrawal is applicable, the Consumer must exercise it, under
penalty of forfeiture, by:
– sending a registered letter with acknowledgment of receipt to: Blue Series S.r.l., Via
Piane Tronto n. 68, 64010 Controguerra (TE);
– sending an email via certified email (PEC)to the address [email protected].
22.5 The burden of proof regarding the exercise of the right of withdrawal under this article
rests with the consumer
22.6 In the event of expiry of the right of the right of withdrawal, the goods will remain at the
Seller’s premises, available for collection by the Consumer at their own expense, withing thirty
(30) days. - 23. INFORMATION UNDER ART. 14 OF EU REGULATION NO. 524/2013
23.1 Consumers residing in the European Union are informed that for the resolution of
disputes related to this contract and the online services offered by this site, there is the
possibility of resorting to the Online Dispute Resolution (ODR) procedure through the
following link: https://webgate.ec.europa.eu/odr/. - 24. TERMINATION OF THE CONTRACT
24.1 The contract shall also be deemed automatically terminated by operation of law in the
event of bankruptcy, voluntary agreement with creditors or receivership of one of the parties. - 25) RETURNS FOR SALES BETWEEN PROFESSIONALS (COMPANIES)
25.1 Any returns of the Products by a non-consumer Buyer (company) may be made by
contacting the Seller via certified email at [email protected] within eight (8) days of
delivery of the goods, in order to agree on the conditions, methods and timing of the return. - 26) FINAL PROVISIONS
26.1 If one or more clauses of these General Terms and Conditions of Sale are invalidated for
any reason, this shall not affect the validity of the contract, as all the other parts of these
General Terms and Conditions of Sale will remain valid and effective.
26.2 If one or more of the articles, paragraphs, paragraphs or other subdivisions, or other
provisions of these General Terms and Conditions of Sale and the contract subject to them are
or become null, invalid or ineffective, they shall be considered separate from these General
Terms and Conditions of Sale and the contract subject to them and rendered inapplicable, to
the extent permitted by law, without such invalidity or ineffectiveness affecting the validity,
legality or effectiveness of these General Terms and Conditions of Sale and the contract
subject to them.
26.3 The Buyer may not assign or transfer one or more rights or obligations arising from the
contract subject to these General Terms and Conditions of Contract without the prior written
approval of the other Party. - 27) JURISDICTION – APPLICABLE LAW
27.1 The competent court for any dispute or controversy connected with, relating to, or arising
in any way from these General Terms and Conditions of Sale or any contracts subject to or
connected to them will be the Court of ASCOLI PICENO (Italy).
27.2 For the resolution of civil disputes arising from the conclusion of this distance sales
contract, if the buyer is a consumer, the mandatory territorial jurisdiction is that of the Court
of reference of his municipality of residence or domicile, if located within the territory of the
state.
27.3 These General Terms and Conditions of Sale, as well as any contracts subject to them,
shall be interpreted in accordance with Italian law. The Parties expressly agree to exclude the
application of the Vienna Convention on the International Sale of Goods.
