Terms and
Conditions

1. These Terms and Conditions set out the rules of cooperation between w3D and clients in relation to services offered by w3D, in particular 3D modelling, reverse engineering, preparation of models for production, visualisation, 3D printing, post-processing, prototyping and other related work.
2. Services are provided by Krzysztof Tutaj, conducting business under the name ElectroBaby, VAT No. (NIP): 8871790699, correspondence address: ul. Różana 10, 57-230 Kamieniec Ząbkowicki, Poland, e-mail: kontakt@w3d.net.pl, phone: +48 514 363 360, operating under the brand w3D, hereinafter referred to as "w3D".
3. These Terms and Conditions apply to contracts concluded with both B2B and B2C clients, subject to mandatory provisions of applicable law.
4. Matters relating to personal data are governed by the separate Privacy Policy.

Terms used in these Terms and Conditions have the following meanings:

1. Client — a natural person, legal person or organisational unit submitting an enquiry, placing an order or entering into a contract with w3D.
2. Consumer — a natural person performing a legal act not directly related to their business or professional activity.
3. Privileged Entrepreneur — a natural person conducting business activity, entering into a contract directly related to that activity, where the content of the contract shows that it does not have a professional character for that person.
4. Offer — an individual proposal of cooperation terms provided to the client by w3D, in particular by e-mail.
5. Project — a 3D model, documentation, digital file, visualisation, concept, draft or result of work performed by w3D.
6. Delivery — the performance of a service, preparation of a project, delivery of a digital file, completion of a print or handover of the result of work.
7. Durable Medium — a medium enabling the storage of information in a manner accessible in the future for a period appropriate to the purposes of the information, including e-mail.
8. Technical Annex — part of these Terms and Conditions setting out the technical standards of performance applicable to B2C and B2B clients respectively.

1. w3D provides services in particular in the field of:
   1. 3D modelling
   2. reverse engineering
   3. preparation of models for printing or production
   4. 3D printing
   5. post-processing and finishing
   6. preparation of visualisations and auxiliary materials
   7. technical consultations related to the execution of a project
2. The scope of each specific service arises from the individual Offer and the arrangements of the parties.

1. In the event of discrepancies, precedence shall be given to:
   1. the individual Offer
   2. the provisions of these Terms and Conditions
   3. the Privacy Policy — solely in relation to personal data
2. The Technical Annex applicable to the type of client forms an integral part of these Terms and Conditions and of each Offer, unless the Offer provides otherwise.
3. Separate arrangements confirmed by w3D on a Durable Medium take precedence over the general provisions of these Terms and Conditions.

1. The Client may submit enquiries in particular via e-mail or the contact form.
2. Sending an enquiry, brief, files, photographs, dimensions or reference materials does not in itself constitute the conclusion of a contract.
3. A contract is concluded upon:
   1. delivery of the Offer to the Client
   2. unconditional acceptance of the Offer by the Client
   3. confirmation of acceptance of the order by w3D or fulfilment of the condition for commencement of work specified in the Offer, in particular payment of a deposit or full payment
4. Unless w3D expressly indicates otherwise, the Offer may be accepted only without reservation. A response from the Client containing changes, limitations, conditions or other modifications shall be treated as a new proposal requiring separate acceptance by w3D.
5. If the Offer specifies a validity period, it shall cease to be binding upon its expiry.
6. Unless the Offer provides otherwise, it is valid for 14 days from the date of sending.

1. The Client is obliged to indicate whether they are entering into the contract as a Consumer, Privileged Entrepreneur or other entrepreneur.
2. In the absence of such indication, w3D may rely on the data provided by the Client, the nature of the order and the circumstances of the cooperation.
3. The provisions of these Terms and Conditions relating to Consumers shall apply accordingly to Privileged Entrepreneurs where applicable law grants them such protection.

1. The Client is obliged to provide the data, files, dimensions, functional assumptions and information necessary for the proper fulfilment of the order.
2. The Client is responsible for the accuracy, completeness and usability of the data, files and source materials provided.
3. The Client undertakes to inform w3D in particular of:
   1. the intended application of the part
   2. fitting requirements
   3. operating conditions of the part
   4. loads, environment, temperature, chemical exposure and other technically relevant parameters
   5. required accuracy, if it is to be higher than standard
4. If the Client does not provide the above information, w3D shall fulfil the order based on standard assumptions arising from the Offer and these Terms and Conditions.
5. The Client represents that they hold rights to the materials they provide to w3D, or are authorised to use them to the extent necessary for the fulfilment of the order.
6. The Client bears responsibility for any infringement of third-party rights resulting from materials provided by them.

1. The price or remuneration is determined individually.
2. Unless the Offer provides otherwise: 3D modelling, reverse engineering, file preparation and consultations may be billed on an hourly basis; 3D printing and production of parts may be priced individually according to the project specification.
3. w3D may make the commencement of work conditional upon payment of a deposit, advance payment or full payment.
4. Failure to make timely payment entitles w3D to suspend performance or withhold delivery of the results of work until the outstanding amount is settled.
5. Unless otherwise agreed, rights to use the results of work are transferred or granted only upon full payment.

1. The deadline for performance is calculated from the date on which all conditions for commencement of work are fulfilled, in particular: acceptance of the Offer, delivery of complete materials, provision of necessary responses by the Client, crediting of the deposit or full payment, if required.
2. The deadline for performance shall be extended accordingly by: the time spent waiting for materials, acceptances, revisions or responses from the Client; the time required for re-quotation upon change of scope; the period of force majeure or failures beyond w3D's control.
3. Deadlines provided by w3D are estimates, unless the Offer expressly states otherwise.

1. Where a project, model, visualisation or draft is prepared as part of the cooperation, the Client is obliged to review it before acceptance.
2. Acceptance of a project sent by e-mail or in another agreed manner constitutes confirmation that the presented version meets the Client's expectations in the scope disclosed in the material for acceptance.
3. In relations with a Consumer, project acceptance is relevant for determining the agreed characteristics of the service, but does not exclude rights arising from mandatory provisions of law.
4. Unless the Offer provides otherwise, the price covers only the scope expressly specified in the Offer.
5. Additional revisions, change of geometry, new concept, change of application, change of material, new set of input data or change of requirements after acceptance constitute a change of scope and may result in additional remuneration and change of deadline.

1. The Client acknowledges that 3D modelling, reverse engineering and 3D printing are technical processes subject to natural limitations arising from the technology, material, geometry, model orientation, post-processing, environmental conditions and quality of input data.
2. Unless the Offer expressly provides otherwise, performance is carried out according to the standard parameters and tolerances set out in these Terms and Conditions.
3. Accuracy of 0.1 mm is not a default standard and requires explicit, individual agreement in the Offer.
4. If the project requires fitting with another part, the Client should report this before concluding the contract and provide the data needed for verification.
5. The absence of individual agreement on enhanced accuracy means that conformity of performance is assessed against the standard parameters arising from the Offer and these Terms and Conditions.

1. Reverse engineering involves recreating a model or functional geometry based on provided data, measurements, photographs, scans, samples or physical parts.
2. The result of reverse engineering depends on the quality of the input material, including the degree of wear of the part, its deformation, damage, tolerances of the original part and the completeness of reference data.
3. Unless the parties agree otherwise in the Offer, reverse engineering means functional recreation within the limits of available data, and does not constitute a guarantee of full 1:1 conformity with the original manufacturer's documentation.
4. A test phase, trial fitting, prototyping or iterative adjustment may constitute a separate, additionally charged stage of performance.

1. The result of work may be provided in the form of: a digital file, a 3D print or other physical part, documentation, visualisation or auxiliary materials.
2. Handover takes place in the manner agreed by the parties, in particular electronically or via a logistics operator.
3. Upon handover or making the result of work available, the risk associated with further storage, assembly, use or integration with other parts passes to the Client, subject to mandatory provisions of applicable law.

1. Complaints may be submitted by e-mail to: kontakt@w3d.net.pl.
2. For efficient handling of a complaint, it is recommended to provide: the Offer or order number, a description of the objections, photographs, video or supporting documentation, information about the application and the conditions under which the problem appeared.
3. w3D handles complaints taking into account the nature of the service, the agreed specification, the input data provided and applicable law.
4. In the case of a Consumer or Privileged Entrepreneur, a response to the complaint will be provided within the period required by applicable law.
5. If assessment of the complaint requires inspection, the Client may be asked to return the complained part or provide additional data.

1. The provisions of these Terms and Conditions do not exclude or limit the rights of Consumers and Privileged Entrepreneurs under mandatory provisions of applicable law.
2. Where a contract is concluded at a distance, the Client receives the information required by applicable consumer law before its conclusion.
3. Where the subject of the service is a non-prefabricated product made to the Client's specification or serving to meet their individual needs, the right of withdrawal does not apply to the extent provided for by applicable law.
4. Where the subject of the service is a service or digital content performed before the expiry of the statutory withdrawal period, commencement of performance requires separate statements from the Client as required by law.
5. Where the subject of a specific Offer is not excluded from the right of withdrawal, w3D will provide the Client with information on the rules for withdrawal on a Durable Medium.

1. This section applies exclusively to clients who are neither Consumers nor Privileged Entrepreneurs.
2. To the extent permitted by law, the parties exclude w3D's liability under statutory warranty, unless the Offer expressly provides otherwise.
3. The B2B Client is obliged to inspect the result of work promptly upon receipt and notify w3D of any identified defects promptly upon their discovery.
4. w3D is not liable for: lost profits, indirect damages, production downtime, damages resulting from improper material selection or use contrary to the intended purpose, damages resulting from data or files provided by the Client.
5. Unless the Offer provides otherwise, the total liability of w3D to the B2B Client is limited to the net value of the relevant order.
6. Liability limitations do not apply in the case of damage caused intentionally.

1. Unless the parties agree otherwise, w3D retains copyright in the results of creative work, in particular models, designs, visualisations and documentation.
2. Upon full payment, w3D grants the Client a non-exclusive licence to use the result of work for the purpose for which it was ordered.
3. Transfer of economic copyright requires a separate agreement in the form required by law.
4. The Client does not acquire the right to resell, modify or use the results of work beyond the agreed purpose, unless this arises expressly from the Offer or a separate agreement.

1. Information, files, models, documentation, know-how, quotations and materials exchanged by the parties in connection with the cooperation shall be treated as confidential where the circumstances indicate their confidential nature.
2. If the parties wish to subject the cooperation to a formal NDA, such a document shall be concluded separately.
3. A separate non-disclosure agreement is binding only after being signed by both parties in paper form or with a qualified electronic signature confirmed by both parties.
4. Scans, photographs of signatures or non-qualified electronic forms are not treated by w3D as the standard form for concluding an NDA, unless the parties expressly agree otherwise in the body of the document.

1. w3D shall not be liable for any delay or non-performance of an obligation caused by circumstances beyond w3D's control that could not have been foreseen or prevented.
2. In such cases, the deadlines for performance shall be extended accordingly.

1. w3D may amend these Terms and Conditions for valid reasons, in particular due to: changes in applicable law, changes in the manner of providing services, expansion or limitation of the scope of the offer, or the need to clarify provisions.
2. Contracts concluded before an amendment shall be governed by the version in force at the time of their conclusion, unless the parties agree otherwise.

1. The law applicable to contracts concluded with w3D is Polish law.
2. Matters not regulated in these Terms and Conditions shall be governed by generally applicable provisions of law.
3. If any provision of these Terms and Conditions proves invalid or ineffective, this shall not affect the validity of the remaining provisions.

1. This Technical Annex forms an integral part of the Offer and sets out the standard of performance, unless the parties expressly agree otherwise on a Durable Medium.
2. 3D modelling, reverse engineering and 3D printing are technical processes subject to natural deviations arising from the technology, material, geometry, model orientation, post-processing, environmental conditions and quality of input data.
3. Unless the Offer provides otherwise, standard dimensional tolerances are indicatively assumed as:
   1. for FDM / PLA / PETG: ±0.30 mm to ±0.50 mm per dimension and additionally approximately 0.2% of length
   2. for resin / MSLA technology: ±0.20 mm to ±0.30 mm per dimension and additionally approximately 0.15% of length
4. Accuracy of 0.1 mm, tooling tolerances, precision fitting, metrological compliance or critical process requirements are not default standards and require explicit, individual inclusion in the Offer.
5. If the Client does not specify requirements regarding fitting, interaction with other parts, strength, temperature, chemical resistance, stresses, certification, safety or intended use, w3D performs the service according to standard assumptions.
6. Reverse engineering is performed on the basis of provided data, photographs, scans, measurements, documentation or a reference part. Wear, damage, deformation, tolerances of the original, absence of hidden geometry and incomplete data affect the result of the work.
7. Unless the Offer provides otherwise, reverse engineering means functional recreation, and not a guarantee of full 1:1 conformity with the original manufacturer's documentation.
8. Colour differences, visible layer lines, support marks, micro-artefacts and other process characteristics within the technological standard do not in themselves constitute non-conformity, provided the result meets the agreed functional specification and falls within the agreed tolerances.
9. For mating, assembly, load-bearing or professionally applied parts, the recommended standard is to produce a prototype, carry out trial fitting and testing before ordering the final batch. Where the Client waives the test phase, this is relevant when assessing conformity of the result with the agreed specification.
10. This Annex describes the agreed characteristics of the service and technological limitations. It does not exclude the rights of a Consumer or Privileged Entrepreneur under mandatory provisions of applicable law.
11. This Annex takes precedence over the Client's general assumptions, internal documents or customary technical expectations, unless these have been expressly accepted by w3D in the Offer.

1. This Technical Annex forms an integral part of the Offer and sets out the standard of performance, unless the parties expressly agree otherwise on a Durable Medium.
2. 3D modelling, reverse engineering and 3D printing are technical processes subject to natural deviations arising from the technology, material, geometry, model orientation, post-processing, environmental conditions and quality of input data.
3. Unless the Offer provides otherwise, standard dimensional tolerances are indicatively assumed as:
   1. for FDM / PLA / PETG: ±0.30 mm to ±0.50 mm per dimension and additionally approximately 0.2% of length
   2. for resin / MSLA technology: ±0.20 mm to ±0.30 mm per dimension and additionally approximately 0.15% of length
4. Accuracy of 0.1 mm, tooling tolerances, precision fitting, metrological compliance or critical process requirements are not default standards and require explicit, individual inclusion in the Offer.
5. If the Client does not specify requirements regarding fitting, interaction with other parts, strength, temperature, chemical resistance, stresses, certification, safety or intended use, w3D performs the service according to standard assumptions and is not responsible for the suitability of the result for the Client's specific purpose.
6. Reverse engineering is performed on the basis of provided data, photographs, scans, measurements, documentation or a reference part. Wear, damage, deformation, tolerances of the original, absence of hidden geometry and incomplete data affect the result of the work.
7. Unless the Offer provides otherwise, reverse engineering means functional recreation, and not a guarantee of full 1:1 conformity with the original manufacturer's documentation.
8. Colour differences, visible layer lines, support marks, micro-artefacts and other process characteristics within the technological standard do not constitute non-conformity, provided the result meets the agreed functional specification and falls within the agreed tolerances.
9. For mating, assembly, load-bearing or professionally applied parts, the recommended standard is to produce a prototype, carry out trial fitting and testing before ordering the final batch. Where the Client waives the test phase, the risk of mismatch in respect of matters not arising from the expressly accepted specification rests with the Client.
10. The B2B Client is obliged to inspect the result of work promptly upon acceptance and to notify w3D of any objections promptly upon their discovery.
11. Unless the Offer or a separate agreement provides otherwise, w3D's liability in B2B relations does not cover lost profits, indirect damages, downtime costs, disassembly or reassembly costs, unless the damage was caused intentionally.
12. Unless the Offer or a separate agreement provides otherwise, w3D's total liability is limited to the net value of the relevant order.
13. This Annex takes precedence over the Client's general assumptions, internal documents or customary technical expectations, unless these have been expressly accepted by w3D in the Offer.