Conditions Générales de Vente

Terms of placing an order for hardware or software
​2.1. Any order for hardware or software must be placed by the Client exclusively through the Website or, if necessary, subject to the validation of an estimate established by 3d-expert.fr.

2.2. Any request related to an order for hardware or software, regardless of the mode of placing the order, must be addressed to 3d-expert.fr via email at the following address: formation@3d-expert.fr.

- Ordering Hardware or Software on the Website

2.3. Any order for hardware or software on the Website requires the prior creation and/or possession of a personal account on the Website. 

2.4. The Customer directly selects the hardware and/or software they wish to order on the Website and can access their shopping cart at any time to verify the accuracy of the selected hardware and/or software, make any necessary corrections, and, if applicable, confirm their selection to place an order.

2.5. The Customer is required to provide all the necessary information about themselves, including their banking details in the designated area, in order to proceed with the payment. Otherwise, the Customer's order cannot be validated by 3d-expert.fr.

3d-expert.fr Registered Office: 2 avenue du Hoggar 91940 Les Ulis - Siret Paris: 85017536500012 - VAT number: FR56850175365 APE code: 4799B

Registered activity declaration under number 11910938291 with the Prefect of the Ile de France region. © Copyright

​3.1. An invoice, in accordance with the provisions of Article L.441-9 of the French Commercial Code, summarizing the ordered equipment and/or software, as well as the corresponding cost, is systematically provided to the Client upon delivery of the relevant equipment and/or software.

3.2. Any default or delay in payment at the due date of the amounts owed by the Client results, as of right, without prior notice and without prejudice to any possible damages and interest, the day following the payment due date indicated on the invoice, in the payment of late penalties calculated at an annual rate of three (3) times the legal interest rate.

3.3. In addition, the Client is automatically liable, by right, for a lump-sum recovery fee fixed at forty (40) euros, in accordance with Article D.441-5 of the French Commercial Code.

3.10. The failure to pay an order by the expected due date automatically leads, without prior notice and as of right, to the suspension or invalidation of the Client's order, without prejudice to any other legal action.

4.1. Delivery is made by the direct handing over of the ordered equipment, according to the arrangements agreed upon between 3d-expert.fr and the Customer, to the address provided by the Customer when placing the order. The equipment in question travels at the customer's own risk and peril, in accordance with the terms of Article 5 below (see below).

4.2. The ordered equipment is delivered to the Customer within the agreed-upon timeframe with 3d-expert.fr. However, this timeframe is purely indicative and informational. The responsibility of 3d-expert.fr shall not be engaged in any way in case of delivery delay attributable to the Customer or the occurrence of a force majeure event.

4.3. During the delivery of the relevant equipment, the Customer is required to inspect the apparent condition of the equipment comprising the order being delivered to them. The Customer has a period of three (3) days (excluding non-working or public holidays) from the date of receiving the equipment to make any written reservations with 3d-expert.fr. In the absence of reservations expressly made by the Customer at the time of delivery, the equipment delivered by 3d-expert.fr is deemed to be in accordance with the quantity and quality of the order placed by the Customer with 3d-expert.fr. No claims shall be accepted by 3d-expert.fr in the absence of any reservations made or compliance with the required formalities for this purpose.

4.4. Subject to the Customer's issuance of necessary reservations within the timeframes and forms required by 3d-expert.fr, the latter may agree to replace, as soon as possible and at its own expense, any delivered equipment for which non-compliance is duly proven by the Customer.

Installation of the equipment 

4.5. Delivery does not include the installation of the equipment by 3d-expert.fr or any other service provider appointed by them. The installation and commissioning of the equipment are solely the responsibility of the Client.

4.6. If the Client wishes, they may request from 3d-expert.fr the provision of additional installation services for the acquired equipment or assistance with the equipment's setup. In such cases, the installation and/or support offered, as well as the corresponding fees, are explicitly mentioned on the quote or, in the absence of a quote, on the order summary when placed directly on the Site. In this scenario, the Client is obligated to pay the fees associated with the installation and/or selected support, in accordance with the terms agreed upon with 3d-expert.fr.

5.1. In the case of an order placed on a quote with 3d-expert.fr and deferred payment for this order, the ordered equipment remains the property of 3d-expert.fr until full payment of the corresponding price, allowing 3d-expert.fr to reclaim it in case of non-payment.

5.2. However, the transfer of risks related to loss and damage occurs in favor of the Client as soon as the equipment leaves the warehouses of https://3d-expert.fr/, regardless of the date of payment or delivery of the equipment to the Client.

5.3. The Client may, if desired, insure the equipment with specific insurance until full ownership is transferred to them (i.e., after full payment of the price).

6.1. In the event of acquiring equipment from 3d-expert.fr, the Client may, if desired, opt for an additional maintenance service for said equipment. The corresponding cost is expressly indicated during the order placed on the Site or on the estimate submitted for approval.

6.2. The maintenance operations carried out by 3d-expert.fr include
● the correction of anomalies, malfunctions, or breakdowns of the equipment as well as its restart ;
● the replacement of defective parts;
● the necessary repairs.

6.3. The Client who has opted for maintenance of the acquired equipment is required to inform 3d-expert.fr of any malfunctions requiring its intervention as soon as possible. Maintenance of the equipment is exclusively carried out by 3d-expert.fr or any technician specialized and trained in the operation of the equipment in question.

7.1. Each of the parties ensures, respectively, the proper execution of the contract binding them and personally and entirely assumes responsibility for the consequences of their faults, errors, or omissions causing direct damage to the other party.

​Customer Responsibility

7.2. The Customer is solely responsible for:
- The quality, accuracy, relevance, and correctness of the information and data provided to 3d-expert.fr when placing an order. 3d-expert.fr cannot be held liable in this regard ;
- The choice of the hardware or software they order from 3d-expert.fr. 3d-expert.fr responsibility cannot be invoked in this regard. ;
- The use of the hardware or software ordered. Only the Customer's responsibility may be engaged in the event of damage, whatever its nature, suffered by the Customer themselves, one of their personnel, or any third party resulting from improper use of the ordered hardware or software.

7.3. The Customer remains responsible towards 3d-expert.fr and, where applicable, third parties for any damages, of any nature whatsoever, caused by information communicated, transmitted, or disseminated in connection with an order for hardware or software, as well as for any breach of these contractual provisions on their part.

​Responsibility of 3d-expert.fr

7.4. 3d-expert.fr takes all necessary measures to provide the Client with the ordered hardware and/or software license under the best conditions and in accordance with the concluded contract.
7.5. 3D-EXPERT.fr ne saurait voir sa responsabilité engagée :

● In case of damage or inconvenience suffered by the Client resulting from a lack of follow-up or implementation of the advice and/or recommendations possibly provided by 3d-expert.fr within the description of the hardware or software on the Site or during their delivery ;

● Due to unavailability of access or technical malfunction preventing the Client from using the software under normal conditions, due to a server failure from which the software is operated by the Client or their Internet network. ;

● In case of damage suffered by the Client and/or any third party, resulting from improper use of the hardware or software.;
 
● In case of delay or inability to provide the hardware and/or license due to a failure on the part of the Client to transfer the necessary and sufficient information and documents for this purpose.

7.6. 3d-expert.fr is only obligated to compensate for damages caused to the Client resulting from faults directly attributable to it within the framework of the contract between them.
 
7.7. In the event that 3d-expert.fr liability is incurred, it shall not exceed an amount equal to the total amount, including taxes, of the order paid by the Client and in connection with which the damage was suffered by the Client. In this regard, all indirect damages suffered by the Client, such as loss of customers or revenue, economic loss, harm to an employee of the Client, etc., are excluded from 3d-expert.fr liability.

8.1. "Force majeure" is defined as any event beyond the control of one of the parties and incapable of being reasonably foreseen at the time of the conclusion of the contract between 3d-expert.fr and the Client. Such an event will be characterized as soon as the party, victim of such an event, is prevented from properly performing its contractual obligations, despite the implementation of adequate and appropriate measures to limit its effects.

8.2. Neither party shall be held responsible towards the other for the non-performance or delays in the execution of an obligation arising from these GTC, which would be due to the act of the other party following the occurrence of a force majeure event, as recognized and defined by French jurisprudence.

8.3. The force majeure event suspends the contractual obligations for the entire duration of its existence, and neither party can, during this period, validly invoke the existence of such a force majeure event within the meaning of Article 1218 of the French Civil Code to justify the termination of its contractual relationship with the other party. However, if the force majeure event were to last for more than thirty (30) consecutive days, it would give rise to the automatic termination of these GTC by either party, eight (8) days after sending a registered letter with acknowledgment of receipt notifying this decision.

Warranties applicable to the hardware

9.1. Any hardware purchased from 3d-expert.fr benefits from the legal warranty against eviction, in accordance with the provisions of the Civil Code in force at the time of placing an order by the Client. Under Article 1626 of the Civil Code, "even if no stipulation has been made regarding the warranty at the time of sale, the seller is legally obligated to guarantee the buyer against eviction, in whole or in part, of the object sold or of any alleged charges on that object, not declared at the time of sale."

9.2. Under Articles 1641 to 1649 of the Civil Code, the Client can request the exercise of the warranty for hidden defects, in accordance with the legal conditions in force, if the defects in the equipment delivered to them were not visible at the time of purchase, existed prior to the purchase (and therefore do not result from normal wear and tear of the equipment, for example), and are serious enough. In this regard, the defect must render the equipment unfit for its intended use or diminish its use to such an extent that the Client would not have purchased the equipment or would not have purchased it at such a price if they had known about the defect. 

9.3. In accordance with the provisions of Article 1648, paragraph 1, of the Civil Code, "the action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect."

Warranties applicable to software

9.4. The software being a standard software package designed to meet the needs of the largest number of users, 3d-expert.fr cannot guarantee its adaptation to the specific needs of the Client. The Client is duly informed that 3d-expert.fr/ is only a reseller of the software offered on the Site and not the publisher of said software.

10.1. 3d-expert.fr and the Client each retain all intellectual property rights they respectively hold in any distinctive signs belonging to them (including copyright and industrial property rights) that have been registered with the French National Institute of Industrial Property (INPI) or any other European or international intellectual property office.

10.2. In particular, the Website, as well as the databases, texts, documents, information, images, photographs, graphics, logos, or any other data contained therein are protected under Articles L.111-1 and following of the Intellectual Property Code and remain the exclusive property of 3d-expert.fr or, where applicable, their respective owners from whom 3d-expert.fr has obtained the necessary exploitation authorizations.

10.3. Any reproduction and/or representation, downloading, translation, adaptation, exploitation, distribution, dissemination, and/or communication, in any form whatsoever, for commercial or non-commercial purposes, of all or part of the Website and/or any data contained on the Website, know-how or methods and tools designed and developed by https://3d-expert.fr/ and/or any intellectual property rights owned by it, without its prior, express, and written authorization, is strictly prohibited.

10.4. Each of the parties therefore refrains from any action and/or act that could directly or indirectly infringe upon the intellectual property rights held by the other party.