This document (together with all the documents mentioned herein) establishes the conditions governing the use of this website (figutech.com) and the purchase of products on it (hereinafter, the “Conditions”), whatever the application, digital media, support or device through which it can be accessed. Please read these Terms and Conditions and our Privacy and Cookies Policy carefully.
(“Privacy and Cookie Policy”) before using this website. By using this website or placing an order through this website you agree to be bound by these Terms and our Privacy and Cookie Policy, so if you do not agree to all of the Terms and the Privacy and Cookie Policy, you should not use this website.
If you have any questions regarding the Terms and Conditions or the Privacy and Cookies Policy you can contact us through our contact channels.
The contract may be formalized, at its option, in any of the languages in which the
Conditions are available on this website.
The sale of articles through this website is carried out under the name figutech® by M.D.I., s.l.u., a Spanish company with CIF ESB85613487 with address at c/ Mesones, 55 – 28170 Valdepiélagos – Madrid. Registered in the Mercantile Registry of Madrid, Volume 26324, Book 0, Folio 189, Section 8, Page M474386, Inscription 1ª, with e-mail address [email protected].
The information or personal data you provide about yourself will be treated in accordance with the provisions of the Privacy Policy and Cookies. By using this website you consent to the processing of such information and data and declare that all information or data you provide is truthful and corresponds to reality.
By using this website and placing orders through this website you agree to:
iii. Provide us with your email address, mailing address and/or other contact information truthfully and accurately. You also agree that we may use such information to contact you if necessary (see our Privacy Policy).
If you do not provide us with all the information we need, we will not be able to process your order.
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
The items offered through this website are only available for shipment to Spanish territory and countries within the Schengen treaty.
To place an order, you must follow the online purchase procedure and click on “Authorize Payment”. After this, you will receive an e-mail acknowledging receipt of your order (the “Order Confirmation”). We will also inform you by e-mail that the product is being shipped (the “Shipping Confirmation”).
In the event that you detect that an error has occurred when entering your personal data during your registration as a user of this website, you can modify them in the “My Account” section.
In any case, you may correct errors related to the personal data provided during the purchase process by contacting customer service through the email [email protected], you may also exercise the right of rectification provided in our Privacy Policy and Cookies through the same email.
This website displays confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the data in these sections have not been provided correctly. Also, this website provides details of all the items you have added to your basket during the purchase process, so that, before making the payment, you will be able to modify the details of your order.
If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service department at the above mentioned e-mail address to correct the error.
All orders are subject to product availability. If there are difficulties in the supply of products or if there are no items in stock, we will contact you immediately and refund any amount you may have paid.
Before placing your order, you must select the delivery method that best suits your needs. Unless we have agreed otherwise, we will send you the order consisting of
on the product(s) listed on each Shipping Confirmation without undue delay.
Please note that there are circumstances arising from product customization, or unforeseen or extraordinary circumstances that may affect the delivery date.
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to go ahead with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. Please note, in any case, that we do not deliver to your home on Saturdays or Sundays, except in the case that the transport agencies themselves decide to deliver on these days.
For the purposes of these Conditions, “delivery” or the order shall be deemed to have occurred or the order to have been “delivered” at the time when you or a third party indicated by you acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
If we are unable to deliver your order, we will try to find a safe place to drop it off. If we cannot find a safe place, your order will be returned to our warehouse. We will also leave you a note explaining where your order is and how to have it reshipped to you. If you will not be at the delivery location at the agreed time, please contact us to arrange delivery on another day.
If you have opted for in-store pickup, we will confirm as soon as it is ready and we will contact you to inform you that it is available for pickup. You may pick up the order personally (for which you must present the order number and your ID) or you may designate another person to pick up the order on your behalf, in which case, this person must present the order number along with your ID (i.e. the ID of the designated person).
If you make a purchase through the “Pick up in store” service, these Terms and Conditions shall also apply, without prejudice to any other regulations that may be applicable.
In the case of making a purchase of pre-sale items, these will be delivered to the address selected by you within the deadlines indicated on our website.
Please note that some of these items are subject to longer delivery times, which will be those shown on the website and, in any case, will be delivered within a maximum of 30 days from the date of the Order Confirmation.
In the case of mixed orders consisting of products corresponding to the regular purchase process and pre-sale products (“Mixed Orders”), the items will have been ordered by you in the same order but may be delivered separately and in different timeframes.
Once the pre-sale products have been prepared, we will contact you.
to inform you that they are being sent (“Shipping Confirmation”).
You have the right to withdraw from the contract within 14 calendar days without giving any reason. In the case of Mixed Orders, the withdrawal period will expire 14 calendar days from the day you or a third party indicated by you, other than the carrier, acquires the material possession of the last of the goods.
The foregoing is without prejudice to your contractual right of withdrawal of 30 days from the Dispatch Confirmation you will receive for each of the goods that may be delivered separately in the case of Mixed Orders.
If you make a purchase of a pre-sale product, all the provisions contained in these Terms and Conditions shall also apply to you.
The risks of the products shall be borne by you from the moment of delivery.
You will acquire ownership of the products when we receive payment in full for all amounts due in connection therewith, including shipping charges, or on the
time of delivery (as defined in clause 9 above), if delivery takes place at a later time.
The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due.
Prices may change at any time, but (except as set out above) any changes will not affect orders in respect of which we have already sent you an Order Confirmation.
Once you have selected all the items you wish to purchase, they will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step. Likewise, during the purchase process, before making the payment, you will be able to modify the data of your order. In addition, if you are a registered user, you have a detail of all orders placed in the section My Account.
You may use Visa, Mastercard, PayPal, or bank transfer as payment methods.
By clicking on “Authorize Payment” you are confirming that the credit card is yours or that you are the legitimate holder of the gift card.
Credit cards will be subject to checks and authorizations by the credit card issuer, but if the credit card issuer does not authorize payment, we will not be liable for any delay or non-delivery and will not be able to enter into any contract with you.
This website also allows the purchase through the functionality of purchase as a guest. In this mode of purchase, you will only be asked for the essential data to process your order.
Once the purchase process is completed, you will be offered the option to register as a user or continue as an unregistered user.
In accordance with the provisions of Article 68 of Law 37/1992 of 28 December 1992 on Value Added Tax, the delivery of the articles shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.
In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Article 21 of Law 37/1992, without prejudice to the application of taxes and duties under the regulations in force in each of these territories. You expressly authorize us to issue the invoice in electronic format, although you may at any time indicate your wish to receive a paper invoice, in which case, we will issue and send the invoice in that format. You may request this by contacting our customer service department by any of the means made available to you free of charge.
17.1. LEGAL RIGHT TO WITHDRAW FROM THE PURCHASE
17.1.1. Right of withdrawal (14 days)
If you are contracting as a consumer and user, you have the right to withdraw from this contract within 14 calendar days without giving any reason.
This period shall commence on the day on which you or a third party indicated by you (other than the carrier) acquires material possession of the goods.
In case of multiple deliveries completing the same order, the computation shall commence when you receive the last of the products.
17.1.2. How to exercise the right of withdrawal
To exercise this right, you must unequivocally notify us of your decision (e.g. by letter sent by post or e-mail) before the end of the 14-day period.
You may use the model withdrawal form included in the Annex to these Conditions (it is not mandatory, but it is recommended to expedite the management).
Be sure to indicate the order number and your contact information to facilitate the identification of the purchase.
17.1.3. Consequences of withdrawal
Reimbursement of payments
We will reimburse you for all payments received from you, including the initial delivery charges for the most economical form of delivery offered by us.
Reimbursement will be made without undue delay and, in any event, within 14 calendar days of the date on which we are informed of your decision to withdraw.
We may withhold reimbursement until we have received the goods or until you produce satisfactory proof of their return, whichever condition is met first.
Means of payment of reimbursement
The reimbursement will be made in the same payment method you used for the initial transaction, unless you have expressly indicated otherwise.
Exclusion of additional charges
If you chose a different and more expensive delivery method than the basic standard delivery we offer, we will not be obliged to reimburse the additional costs corresponding to that more expensive method.
17.1.4. Return of goods
You must return or deliver the products without undue delay and in any event not later than 14 days after you have informed us of your decision to withdraw.
The return address is the following:
figutech
C/ Canal de Isabel II, nº 2 nave 4
28180 Torrelaguna – Madrid (Spain)
Unless you agree to delivery directly to our facilities, the direct cost of return shall be borne by the customer.
It is advisable to ship with a courier service with tracking and secure packaging, as we are not responsible for any damage or loss during transport due to insufficient packaging.
17.1.5. Diminished value of the goods
You will be liable for diminished value of the goods if you have handled them beyond what is necessary to check their nature, characteristics or functioning.
Example: In 3D printing filaments, opening the seal and using the filament is considered a use beyond mere inspection and could lead to a reduction in the refund or denial of the return if the product is found to be unfit for sale as new.
17.2. RETURN OF NON-DEFECTIVE PRODUCTS (FILAMENTS)
14 days
You have 14 calendar days to withdraw from the purchase of the filament and communicate your decision to figutech.
Product condition
To be accepted for return without penalty, the filament must be unopened (with its original seal) and in perfect saleable condition.
If the product is opened, used or damaged, we reserve the right to refuse the return or to apply a depreciation on the refund.
Refund value
If you decide to process the return of products without visible manufacturing defects, you will be refunded the value of the products. Shipping will not be refunded as this is a service that has been provided.
Shipping costs
When there is no manufacturing defect, the customer assumes the return shipping costs.
Upon receipt and verification that the product is in a saleable condition, we will refund the full price paid for the coils.
Important about 3D printing
Most problems in 3D printing are due to machine calibration or setup, as well as printer maintenance.
A filament that prints poorly due to causes unrelated to its manufacture will not be considered defective.
17.3. RETURNS OF DEFECTIVE PRODUCTS
Definition of Defects
Manufacturing defects are those that affect the quality or use of the filament, for example:
Diameter tolerances clearly out of range.
Defective colorations or problems in the material (cracks, obvious irregularities) not attributable to the user or to transport.
Communication and collection.
If you consider the product to be defective, please notify us immediately with the order data and the description of the defect.
Figutech will assume the costs of collection or will advise you how to proceed with the shipment at no cost to you.
Replacement or reimbursement
Once we have verified that the product is indeed defective, we will manage:
The replacement of the filament with a new one, without any additional cost.
Or a full refund (including initial shipping and return costs).
The process will be done within 14 days of confirmation of the defect.
No defect.
If upon inspection it is determined that the alleged defect is in fact due to improper configuration, clogged nozzles or other non-filament factors, the “non-defective product” policy (see 17.2) will apply.
In such a case, the customer will be responsible for shipping costs and part of the refund may be deducted if the filament is used.
17.4. EXCLUSIONS AND COMMON PROVISIONS
Customized or sealed products for hygienic reasons
Personalized or sealed items that have been unsealed after delivery will not be accepted for cancellation, provided that this is stipulated by current legislation.
Condition of the goods
For a full refund, items must be returned in the same condition in which they were delivered: with their packaging, accessories, manuals and seals (if any) intact.
If the product shows signs of use or damage, it may not be refunded or a corresponding reduction in the amount will be applied.
Refund term
Once we confirm receipt and condition of the products, we will proceed to refund within 14 days.
We reserve the right to withhold payment until we have proof of the correct return.
Abandonment of Products
If an item is received outside the stipulated period or not in accordance with the terms of the policy, we will contact you for collection.
If 2 months have elapsed since notification without you taking back the product or responding, the product will be considered abandoned.
Legal Rights and Actions
The rights and actions recognized by the regulations in force regarding the defense of consumers and users shall remain unaffected.
17.5. RETURNS IN THE CANARY ISLANDS, CEUTA AND MELILLA
The procedure for withdrawal or claim for defect is the same as in the Peninsula, except that:
The customer assumes the shipping costs and any customs fees for returns of non-defective products.
If the product is defective, figutech will bear the costs, provided that the defect is confirmed after inspection.
17.6. RIGHT OF WITHDRAWAL AND RETURN OF ORDERS FROM ABROAD
Orders within the European Union
The 14-day withdrawal period also applies, but we are only obliged to reimburse the equivalent shipping costs to the original delivery address in Spain.
The customer assumes the cost of returning the goods from their country of origin, except in the case of an actual defect.
Orders outside the European Union
The customer will be responsible for the customs, customs and transport costs involved in the return, except if the product is defective in manufacture.
If we confirm the defect, we assume the return shipping costs.
ANNEX: MODEL WITHDRAWAL FORM
(Complete and send this form if you wish to withdraw from the contract)
To the attention of:
figutech
C/ Canal de Isabel II, nº 2 nave 4
28180 Torrelaguna – Madrid (Spain)
[Email: [email protected]]
I hereby inform you that I withdraw from my contract of sale of the following goods:
Order No.:
Received on (date):
Consumer’s name:
Consumer’s address:
Consumer’s signature (only if submitted on paper):
Date:
Final note:
Any point not expressly regulated in this Return Policy shall be subject to the Spanish and European consumer protection regulations in force. If you have any doubts, we recommend that you contact our customer service department.
17.7. RETURNS OF OUTLET PRODUCTS – SPECIFIC CONDITIONS
a) Conditions for withdrawal:
The right to withdraw may be exercised provided that the product is returned in its entirety, i.e. unopened and keeping the vacuum bag and the original box in perfect condition. In no case will returns be accepted if any of these elements has been altered or damaged.
b) Shipping costs in cancellations:
We are not responsible for shipping costs in the withdrawal of a non-defective product. The return shipping costs will be borne by the customer, without any payment by us.
c) Reimbursement for manufacturing defects:
In the event of a manufacturing defect visible to the naked eye, particularly in terms of tolerance or color consistency, we will reimburse the full amount of the order, including initial and return shipping costs. This applies in particular to outlet products.
d) Limitation of liability in the 3D printing niche:
Given the particularity of the 3D printing niche, we will not be liable for other failures or problems in printing other than obvious manufacturing defects. The vast majority of the drawbacks in 3D printing derive from the configuration, maintenance of the printer or the printing environment, being the sole responsibility of the user.
WARRANTIES
If you contract as a consumer and user, we offer you guarantees on the products that we commercialize through this website, in the terms legally established for each one of them.
type of product, being liable, therefore, for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.
It is understood that the products are in conformity with the contract provided that (i) they conform to the description made by us and possess the qualities that we have presented on this website, (ii) they are suitable for the uses to which products of the same type are normally intended and (iii) they present the usual quality and performance of a product of the same type that are reasonably expected. In this sense, if any of the products are not in conformity with the contract, you must inform us by following the procedure detailed in section 17 above and through any of the means of communication provided for this purpose.
The products we sell may have the characteristics of the natural materials used in their manufacture. These characteristics shall not be considered defects or flaws. On the contrary, their presence should be expected and appreciated. We only select products of the highest quality, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.
19.LIABILITY AND EXEMPTION FROM LIABILITY
Except as otherwise expressly provided in these Terms, our liability in connection with any product purchased on our website shall be strictly limited to the purchase price of such product.
However, unless otherwise provided by law, we do not accept any liability for the following losses, regardless of their origin:
(i) loss of income or sales: (ii) loss of business;
(i) (iii) loss of profits or loss of contracts; (iv) loss of expected savings;
(v) loss of data; and
(vi) loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless otherwise expressly stated on this website.
INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademark and other intellectual property rights in any material or content provided as part of the website shall remain at all times vested in us or our licensors. You may use such material only as expressly authorized by us or by those who have licensed it to us. This does not prevent you from using this website to the extent necessary to copy your order information or Contact details.
21.VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
You shall not misuse this website by knowingly introducing viruses, Trojan horses, worms, logic bombs or any other technologically harmful or deleterious programs or materials. You will not attempt to gain unauthorized access to this website, the server on which this website is hosted or any server, computer or database related to our website. You agree not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. We will report any breach of such regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in the event of a breach of this clause, you will immediately cease to be authorized to use this website.
We will not be liable for any loss or damage resulting from a denial-of-service attack, viruses or any other technologically harmful or deleterious programs or materials that may affect your computer equipment, computer equipment, data or materials on account of your use of this website or your downloading of any content from or redirected to this website.
22.LINKS FROM OUR WEBSITE
Where our website contains links to other websites and materials from third parties, such links are provided for information purposes only and we have no control over the content of those websites or materials. We therefore accept no liability for any loss or damage arising from their use.
23.WRITTEN COMMUNICATIONS
Applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most of these communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with legal requirements to be in writing. This condition shall not affect your statutory rights.
24.NOTIFICATIONS
The notifications that you send us must be sent via e-mail to [email protected]. Pursuant to the provisions of clause 24 above and unless otherwise stipulated, we may send communications to you either by e-mail or to the postal address provided by you when placing an order.
Notifications shall be deemed to have been received and to have been properly made at the same time they are posted on our website, 24 hours after an e-mail has been sent, or three days after the postmark date of any letter. In order to prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had
the correct address, that it was properly stamped and that it was duly delivered to the post office or a mailbox and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.
25.ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding on both you and us, as well as our respective successors, assigns and assignees. You may not convey, assign, encumber or otherwise transfer a contract or any of your rights or obligations under it without our prior written consent.
We may convey, assign, encumber, subcontract or otherwise transfer a contract or any of the rights or obligations under a contract at any time during its term. For the avoidance of doubt, such assignments, assignments, encumbrances or other transfers will not affect any rights that you, as a consumer, may have at law, nor will they void, reduce or otherwise limit any express or implied warranties that we may have given you.
26.EVENTS BEYOND OUR CONTROL
We shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond our reasonable control (“Force Majeure Cause”).
Force Majeure shall include any act, event, failure of performance, omission or accident beyond our reasonable control, including, but not limited to, the following
following:
27.RESIGNATION
Our failure to require your strict performance of any of your obligations under a contract or these Terms or our failure to exercise any rights or remedies to which we may be entitled under such contract or these Terms shall not constitute a waiver or limitation of any such rights or remedies or relieve you from any such obligations.
No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy arising under a contract or the Terms. No waiver by us of any of these Terms or of any rights or remedies arising under a contract shall be effective unless it is expressly stated to be a waiver and is given and communicated to you in writing in accordance with the Notice section above.
28.PARTIAL NULLITY
If any of these Conditions or any provision of a contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of nullity.
29.FULL AGREEMENT
These Terms and any document expressly referred to in these Terms constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior covenants, agreements or promises made between you and us orally or in writing.
You and we acknowledge that we have consented to the conclusion of a contract without having relied on any representation or promise made by the other party or which could be inferred from any statement or writing in the negotiations entered into by the two of us prior thereto, except as expressly mentioned in these Conditions.
Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these Conditions.
30.OUR RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to modify the Terms and Conditions. Such modifications shall not be retroactive.
If you do not agree with these changes, we recommend that you do not use our website.
31. APPLICABLE LAW AND JURISDICTION
The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law.
Any dispute arising out of or in connection with the use of the website or such contracts shall be submitted to the non-exclusive jurisdiction of the Spanish courts.
If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.
COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
We welcome your comments and suggestions. Please send us such comments, suggestions and queries through our contact channels or the postal address indicated in clause 2 of these Terms and Conditions.
Likewise, you may send your complaints and claims through our contact channels or by e-mail to [email protected], which will be dealt with by our customer service department as soon as possible and, in any case, within the legally established period.
If you as a consumer consider that your rights have been violated, you can send us your complaints through the e-mail address [email protected] in order to request an out-of-court settlement of disputes.
In this regard, if the purchase between you and us has been concluded online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to apply with us for an out-of-court settlement of consumer disputes accessible through the Internet address http://ec.europa.eu/consumers/odr/.
33.CONTACT US
Please note that the e-mail [email protected] is enabled for the purpose of allowing easy and direct access to the identification data of M.D.I., s.l.u. as a company marketing the goods, as well as in order that you can file complaints or claims that you deem appropriate.
For more information please refer to the “Contact” section of the web page.
Last update: 10/15/2021
Model withdrawal form (You must complete and send this form only if you wish to withdraw from the contract).
To the attention of M.D.I., s.l.u., acting under the trade name figutech®, with registered office at C/ mesones, 55 – 28170 Valdepiélagos – Madrid – Spain.
I hereby inform you that I withdraw from my contract of sale of the following property:
Ordered on/received on (*): Consumer’s name:
Consumer direction:
Consumer’s signature (only if this form is submitted on paper) Date:
(*) Delete as appropriate.
