TERMS AND CONDITIONS OF THE SINTERIT INC. ONLINE STORE

§ 1 Definitions

“Company”, “Seller” or “Sinterit” – Sinterit Inc., an Illinois corporation, with its principal place of business at 225 W WASHINGTON ST STE 2600, Chicago, IL 60606, USA, e‑mail: contact@sinterit.com.

“Customer” – any natural or legal person purchasing a Product.

“Consumer” – a natural person who purchases a Product primarily for personal, family or household purposes.

“Product” – any Sinterit‑branded 3‑D printer, accessory, consumable, software licence or digital content offered on the Website.

“Website” – www.sinterit.com and its sub‑pages enabling remote purchase of Products.

“Business Day” – Monday through Friday, excluding U.S. federal holidays.

§ 2 Scope

These Terms govern all sales contracts concluded via the Website. Any different or additional terms are expressly rejected. The conclusion of the contract constitutes acceptance of these Terms.

§ 3 Contract Formation & Electronic Records

(a)  Display of Products constitutes an invitation to submit offers, not a binding offer.

(b)  By clicking “Buy and Pay,” Customer submits a binding purchase offer.

(c)  A contract is formed only when Seller emails an order‑acceptance confirmation.

(d)  Electronic signatures and records are fully enforceable under the E‑SIGN Act and state UETA statutes.

§ 4 Prices, Taxes & Payment

(a)  Prices are quoted in U.S. dollars exclusive of sales/use tax.

(b)  Seller will collect applicable tax unless Customer presents a valid exemption certificate.

(c)  Title and risk of loss pass to Customer upon Seller’s tender of the Product to the carrier, provided full payment has been received.

(d)  Late payment entitles Seller to suspend performance and retain any deposit.

§ 5 Shipping & Inspection

(a)  Unless otherwise stated, shipments are FOB Origin (Incoterms® 2020).

(b)  Delivery dates are estimates and not guarantees.

(c)  Customer must inspect shipment on receipt and notify Seller and carrier of visible damage or shortage within 48 hours; Failure to report damage within 48 hours of delivery constitutes conclusive acceptance of the Product under UCC §2-606.

FTC MITOR Clause: If the Company is unable to ship the Product within 30 calendar days of the order date, the Company will notify the Customer of the new anticipated delivery date and provide instructions for the Customer’s right to cancel the order without charge, in accordance with the FTC Mail, Internet, or Telephone Order Rule (16 C.F.R. § 435).

§ 6 All Sales Final – No Voluntary Returns

CUSTOMER ACKNOWLEDGES THAT ALL SALES ARE FINAL. No statutory or voluntary right of return, withdrawal or refund exists except as expressly provided in § 7 or by mandatory law that cannot be waived.

§ 7 Disclaimer of Warranties and Limited Remedy

7.1 AS‑IS Items. Except as expressly stated in § 7.2, all consumables, software, beta or pre‑release products, spare parts and services are provided “AS IS” and with all faults.

7.2 Limited Hardware Warranty (12 Months). Seller warrants solely to the original end‑user purchaser that new Sinterit‑branded printers are free from defects in materials and workmanship for twelve (12) consecutive months from delivery (“Warranty Period”). Seller will, at its sole option, repair or replace defective hardware returned during the Warranty Period. Replaced or repaired items are warranted for the remainder of the original Warranty Period.

7.3 Exclusions. Warranty does not cover: (a) consumables; (b) cosmetic damage; (c) normal wear; (d) damage from misuse, modification, non‑Sinterit materials, or operation outside published specs; (e) acts of God, accidents, power surges, improper storage or maintenance.

7.4 Customer Obligations. Customer must obtain an RMA and return the Product freight prepaid in original packaging. Seller pays ground return freight within the continental USA only.

7.5 Exclusive Remedy. THE REMEDIES IN THIS § 7 ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS.

7.6 Disclaimer of Implied Warranties. TO THE MAXIMUM EXTENT PERMITTED BY THE MAGNUSON‑MOSS WARRANTY ACT AND ARTICLE 2 OF THE UCC, ANY IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE 30‑DAY WARRANTY PERIOD AND TERMINATE THEREAFTER.

7.7 No Other Warranties. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SELLER OR ITS AGENTS CREATES A WARRANTY OR IN ANY WAY INCREASES THE SCOPE OF THIS LIMITED WARRANTY.

§ 8 Limitation of Liability

8.1 No Consequential Damages. IN NO EVENT SHALL SELLER BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF COVER, OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.

8.2 Liability Cap. IN ANY EVENT, SELLER’S TOTAL LIABILITY SHALL NOT EXCEED THE PRICE PAID FOR THE PRODUCT AT ISSUE.

8.3 Statute of Limitations. ANY ACTION AGAINST SELLER MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE.

8.4 Indemnification by Customer. Customer shall defend, indemnify and hold Seller harmless from claims arising from Customer’s misuse, alteration, resale, export or combination of the Product with third‑party items.

8.5 No Strict Liability Claim (where permitted). TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER WAIVES STRICT PRODUCT LIABILITY CLAIMS BASED ON DESIGN DEFECT, MANUFACTURING DEFECT OR FAILURE TO WARN.

8.6 Essential Basis. Customer acknowledges these limitations are essential to pricing and that the Product would cost substantially more absent such limitations.

§ 9 Intellectual‑Property Licence & Restrictions

Seller grants Customer a territorially restricted, non‑exclusive, non‑transferable, and revocable, upon breach of terms, licence to use Sinterit software solely with the purchased Product. Reverse engineering, decompilation, modification and sublicensing are prohibited except to the limited extent expressly allowed by applicable law.

§ 10 Export Compliance & Sanctions

Customer shall comply with all applicable U.S. export‑control and sanctions regulations and obtain all necessary licences. The Product may not be exported or re‑exported to prohibited destinations or end‑users. Customer represents and warrants compliance with applicable laws, including ITAR, EAR, the Gun Control Act, and environmental regulations.

§ 11 Data Privacy

Personal information is processed per Seller’s Privacy Policy and applicable U.S. privacy statutes, including the CCPA/CPRA. Customer consents to international transfer of personal information to jurisdictions where Seller or its service providers operate.

§ 12 Dispute Resolution, Governing Law & Venue

(a)  These Terms are governed by the laws of the State of Illinois, excluding conflict‑of‑law rules and the CISG.

(b)  Any dispute shall be finally resolved by binding arbitration administered by the AAA under its Commercial Arbitration Rules. 

(c)  EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

(d) Arbitration clause survives contract termination.

§ 13 Force Majeure

Seller is not liable for delay or failure due to causes beyond its reasonable control, including natural disasters, war, terrorism, labour disputes, government actions, pandemics, material shortages or carrier failures.

§ 14 Amendments

Seller may amend these Terms prospectively by posting a revised version on the Website. The version effective on the order date governs that order.

§ 15 Severability

If any provision is held unenforceable, the remaining provisions remain in full force, and the invalid provision shall be replaced by an enforceable one that most closely reflects the original intent.

§ 16 Indemnification

Customer shall defend, indemnify and hold harmless Seller, its affiliates, officers, directors and employees from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or related to (i) Customer’s breach of these Terms, (ii) Customer’s negligent or improper use, modification or resale of the Product, or (iii) Customer’s violation of any applicable law or third-party right.

§ 17 Compliance with Laws & Restricted Uses 

Customer represents and warrants that it will use the Product in compliance with all applicable federal, state and local laws and regulations, including export controls, firearms regulations and environmental statutes. Without limiting the foregoing, Customer shall not use the Product to manufacture firearms or components whose production would violate the Gun Control Act, the National Firearms Act, ITAR or EAR.

§ 18 Miscellaneous

Entire Agreement. These Terms constitute the entire agreement between the parties and supersede all prior or contemporaneous understandings.
Assignment. Customer may not assign any rights or obligations without Seller’s prior written consent; Seller may assign freely.
Notices. Formal notices must be sent by courier or certified mail to the addresses stated in § 1 and are deemed given on receipt.
Survival. Sections on payment, warranty disclaimers, limitation of liability, indemnification, dispute resolution and intellectual property survive any termination or fulfilment of the contract.
Headings. Headings are for convenience and do not affect interpretation.

§ 19 Order Errors, Cancellation and Correction 

(a) Seller reserves the right, in its sole discretion, to refuse, correct or cancel any order, in whole or in part, prior to shipment for any reason, including but not limited to: typographical or pricing errors, inventory shortages, suspected fraud or abuse, export‑control restrictions, or clerical mistakes.

(b) If Seller cancels an order after payment is received, Customer’s sole and exclusive remedy is a prompt refund of the amounts actually paid for the cancelled items; no additional compensation or damages shall be due.

(c) Seller may correct any clerical errors or omissions in quotations, order confirmations, invoices or on the Website and will notify Customer of such correction; continued use of the Product or payment of the corrected invoice constitutes acceptance of the corrected terms.

§ 20 Retention of Title and Security Interest (UCC‑1) 

(a) Title to the Products shall not pass to Customer until Seller has received full, irrevocable payment of all amounts due.

(b) Until that time, Customer holds the Products as bailee for Seller and shall keep them properly insured and identifiable as Seller’s property.

(c) To secure payment, Customer grants Seller a purchase‑money security interest (PMSI) in the Products and in their proceeds and authorises Seller to file any financing statement (UCC‑1) or continuation statement without Customer’s signature.

§ 21 User‑Generated Content Licence 

Customer hereby grants Seller and its affiliates a perpetual, worldwide, royalty‑free, non‑exclusive licence to use, reproduce, modify, adapt, publish, translate, distribute, publicly display and sub‑license any text, image, design file, review or other content that Customer uploads or submits to the Website or otherwise provides to Seller (“User Content”) for marketing, training, support and other lawful business purposes. Customer represents that it owns or controls all rights in the User Content.

 § 22 Print Results and Input Data Disclaimer 

The accuracy, mechanical properties and performance of any printed object depend on numerous variables outside Seller’s control, including Customer’s design files, material selection, print settings, post‑processing and end‑use environment. Seller makes no warranty that any printed part will meet Customer’s dimensional tolerances, functional requirements or regulatory standards. Customer is solely responsible for validating suitability of printed parts for the intended application.

§ 23 Extended Force Majeure 

Seller shall not be liable for any delay or failure in performance caused by events beyond its reasonable control, including but not limited to natural disasters, pandemics, cyber‑attacks, acts or omissions of suppliers, shortages of materials, labor disputes, governmental actions, war, terrorism or failures of transportation or utilities. Delivery times shall be extended for a period equal to the duration of the force‑majeure event plus a reasonable restart period.

§ 24 No Waiver; Cumulative Rights 

Failure or delay by Seller to enforce any term shall not be deemed a waiver of that or any other right. Any waiver must be in writing signed by Seller. Seller’s rights and remedies are cumulative and not exclusive of any rights under law or equity.

§ 25 No Medical or Dental Use Without Regulatory Clearance 

Unless expressly authorised in writing by Seller and cleared or approved by the U.S. Food and Drug Administration (FDA), the Products are not intended or certified for use in the diagnosis, c-+ure, mitigation, treatment or prevention of disease or for implantation in the human body. Customer agrees not to use the Products for any medical or dental application requiring FDA clearance.

§ 26 State‑Specific Rights Notice 

Nothing in these Terms limits or waives any non‑waivable statutory rights that Customer may have under applicable state consumer‑protection laws.

§ 27 Technical Interruptions and Service Downtime

1. The Company uses its best efforts to ensure the uninterrupted operation of the Website and the availability of electronic services. 

2. Regular maintenance and update operations are performed biweekly, on Wednesdays at 8:00 a.m. CET. During this time, brief Website downtime of up to 5 minutes may occur. 

3. If implementation of major changes is required, such as the launch of new subpages or functionality updates, temporary suspension of specific sections of the Website may occur. Such maintenance is, where feasible, performed at night and does not exceed 30 minutes. 

4. In the event of technical failures, system errors, or the need to restore the most recent stable backup, the Company reserves the right to temporarily suspend the Website’s operation. In typical scenarios, full functionality is restored within 20 minutes. 

5. In situations beyond the Company’s control, such as outages caused by service providers (e.g. Microsoft Azure, Cloudflare), the Website may become temporarily unavailable without prior notice. The duration of such interruptions depends solely on the technical recovery performed by the external service provider. 

6. The Company shall not be held liable for any damages resulting from temporary unavailability of the Website due to the reasons listed above, except as required under mandatory provisions of applicable law.

§ 28  Accessibility Statement (ADA / WCAG)
The Company strives to make the Website accessible to individuals with disabilities in accordance with WCAG 2.1 AA. Nevertheless, the Website is provided “as is,” and the Company makes no representations or warranties that all content or functionality will be fully compliant with the ADA. User acknowledges that certain features may be temporarily inaccessible and agrees to promptly notify the Company of any accessibility barriers so that the Company may remediate them within a reasonable time.