3D Solutions - Special Terms and Conditions applicable from May 1, 2018

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The company PostNord Strålfors AB (corp. ID no. 556102‐9843) provides services in the 3D Solutions service area. Other subsidiaries of PostNord AB (publ) (corp. ID no. 556128‐6559) may be authorized to enter into agreements on behalf of PostNord Strålfors AB. However, PostNord Strålfors AB is always the Customer’s contractual party. In these Special Terms and Conditions, as well as in the price annex and other possible contractual annexes associated with this service, the use of “PostNord Strålfors” refers to PostNord Strålfors AB.


Unless otherwise specified in these terms and conditions, PostNord’s General Terms and Conditions (PAV) apply to 3D Print; see postnord.se.


The 3D Solutions service is a service (“The Service / Services / The Services”) via which the customer can use the PostNord Strålfors web portal to order different three-dimensional models. The model is defined in accordance with the Customer Assignment or in accordance with the current instructions on the web portal.


The Service is provided pursuant to these Special Terms and Conditions, as well as what is stated in the specific Customer Assignment, Offer or Order Confirmation.


In the absence of any statement to the contrary in these Special Terms and Conditions, or unless agreed separately with PostNord Strålfors, the version of PostNord Strålfors’ General Terms and Conditions (“PNSGTC”) in effect at any given time applies for the Services provided by PostNord Strålfors.


Definitions

Working day: Weekdays that are not public holidays and with the exception of such days as are customarily full-day or half-day holidays in the country in which the Services are provided.


The Agreement: The Agreement, Offer or Order Confirmation that refers to the Special Terms and Conditions and the PNSGTC in applicable at any given time, as well as the associated annexes and other contract documents.


Customer Assignment: Annex to the Agreement that defines PostNord Strålfors’ assignment and specifies the Customer’s undertakings.


Offer: Offer from PostNord Strålfors regarding the Services, accepted by the Customer, which refers to the Special Terms and Conditions and the PNSGTC valid at any given time.


Order Confirmation: PostNord Strålfors’ confirmation of the Customer’s order of the Services, to which the Customer has not made any objection without delay, which refers to the Special Terms and Conditions and the PNSGTC valid at any given time.


PNSGTC: PostNord Strålfors General Terms and Conditions valid at any given time. These are available at www.stralfors.se/villkor.


PostNord Strålfors: PostNord Strålfors AB (corp. ID no. 556102‐9843)


The Service / Services / The Services: 3D Solutions is a service via which the customer can use the PostNord Strålfors web portal to order different three-dimensional models.


1.

Scope of the Service

The scope of the Service is that the Customer can, via the PostNord Strålfors web portal, order various available three-dimensional products in accordance with the instructions on the web portal. The model is defined in the Customer Assignment or in accordance with the current instructions on the web portal.


2.

Offer and Order Confirmation

For Services not regulated in mutually signed Agreements, the Offer or Order Confirmation constitutes a binding agreement.

The Offer is valid for 30 days from the date of the Offer and the Customer’s acceptance shall have been submitted to PostNord Strålfors within this period. If another time is stated on the Offer, or if the production is intended to start within 30 days of the Offer date, the Offer must be accepted without undue delay in order to be binding for PostNord Strålfors.


PostNord Strålfors has the right to provide Offer material in digital or another form that PostNord Strålfors has developed and uses for the purpose of providing the Offer. Unless agreed otherwise, the Customer may not utilize or allow third parties to view the Offer material and is obliged to return it to PostNord Strålfors on request.


3.

PostNord Strålfors’ undertakings

PostNord Strålfors provides the Services as described in detail in the Customer Assignment, Offer or Order Confirmation, in accordance with these Special Terms and Conditions and the PNSGTC.


4.

Customer’s responsibility

The Customer is to fulfil the obligations stipulated in these Special Terms and Conditions, as well as any other undertakings not included in these conditions, but which may be incumbent on the Customer as stated in, for example, the Customer Assignment or the PNSGTC.


4.1

Customer Assignment

The assignment covered by the Agreement is stated in the respective Customer Assignment. The Customer is responsible for ensuring that the Customer Assignment contains all the information required for PostNord Strålfors to be able to perform the assignment correctly and on time. During the term of the Agreement, the parties may agree to add new Customer Assignments to the Agreement. Customer Assignments that are added during the term of the Agreement shall be signed by both parties and become a part of the Agreement as soon as both parties have signed them. If the Customer wishes to add new Customer Assignments during the contractual period involving changes that in PostNord Strålfors’ judgement affect the basis for the agreed prices, terms and conditions defined in the Agreement, such changes must be based on a written supplementary agreement.

4.2

Professional work

All the Customer’s performance shall be carried out professionally. The requirement for professionalism applies to both PostNord Strålfors and the Customer. The term professionalism in this context means that the Customer shall fulfill its duties under the Agreement with the care required for achieving satisfactory performance.

4.3

Customer delay

If the Customer fails to fulfill a contractual obligation on time, PostNord Strålfors is entitled to compensation for direct costs resulting from the delay. If the delay causes significant inconvenience for PostNord Strålfors, PostNord Strålfors also has the right to cancel the Agreement.

4.4

Responsibility for content of the material

As a user of the Service, the Customer is responsible for ensuring that the models, in terms of content and design, text and motifs:

  • do not constitute infringement of a trademark, copyright or other intellectual property.
  • If the Customer uses motifs other than those available as the default motif for the Service, the Customer must be sure that the Customer is entitled to use the motif. For example, there are restrictions on which motifs can be used for marketing purposes and it is not always permitted to change or write text on the motif chosen by the Customer.
  • do not violate law, regulation, government instruction, use or custom, such as the Marketing Act and the Good Marketing Practices, Copyright Act, Protection Act and applicable Personal Data Act.
  • do not risk causing offence.
  • do not contain pornography, violence or hate speech.
  • do not cause damage or other inconvenience to PostNord Strålfors or third parties.
4.5

PostNord Strålfors’ right not to distribute models

PostNord Strålfors reserves the right not to produce and distribute models with content and/or design that violates these Special Terms and Conditions, in the opinion of PostNord Strålfors. Such a decision does not mean that the Customer has the right to have the fee that has been paid reimbursed or is entitled to other compensation from PostNord Strålfors.

4.6

Pledge

By accepting these Special Terms of Service, the Customer pledges to hold PostNord Strålfors harmless for all costs and any other damage caused to PostNord Strålfors or third parties as a result of the Customer's use of the Service in violation of these Special Terms and Conditions.


5.

Quality deficiencies

Quality deficiencies refer to deviations and variations in the nature of the performance and characteristics which, according to professional judgment, do not constitute only a slight deviation or minimal variation from samples, models or similar. In assessing whether an error is non-serious or serious, particular attention shall be paid to the nature and character of the performance, including quality level, design and execution, as well as use and value.


Quality deficiencies do not include deviations that are deemed to be due to the Customer failing to fulfill its obligations under the Agreement, for example, if the Customer submitted incorrect material or failed to order changes or corrections.

PostNord Strålfors will rectify errors in performance through remedy or redelivery. The remedial action must be taken with the urgency required by the circumstances. If the Service can be used for its purpose despite the fault (not a serious fault), PostNord Strålfors may, instead of remedying the fault, make a price deduction that corresponds to the significance of the fault, if the cost of performing a remedy clearly exceeds the significance of the fault.


6.

Information about processing of personal data

6.1

Personal data

When the Customer uses the Service, PostNord Strålfors may process personal data that is attributable to the Customer. PostNord Strålfors is the data controller for such processing of personal data. More information about PostNord Strålfors’ processing of personal data relating to the Service and its responsibilities in connection therewith are available in Strålfors’ Privacy Policy and the PNSGTC. The PostNord Strålfors Privacy Policy is available at PostNord Strålfors’ website www.stralfors.se.

6.2

Responsibility for texts

PostNord Strålfors is not responsible for the design of the texts on the models. Note that there are rules in e.g. applicable personal data laws stating that other people’s personal privacy may not be violated.


7.

Intellectual property rights

7.1

PostNord Strålfors’ property

All intellectual property rights and technical solutions relating to the Service are the property of PostNord Strålfors, or property belonging to rights holders represented by PostNord Strålfors, and may not be used by the Customer beyond what has been granted in writing by PostNord Strålfors.

7.2

Customer’s property

All intellectual property rights to the Customer’s property are the property of the Customer.


8.

Ordering, distribution and prices

8.1

Ordering

Ordering of models is done in accordance with the instructions that are available in connection with the order function on the web portal, unless otherwise stated in the Customer Assignment.


9.

PostNord Strålfors’ liability and undertakings

9.1

Liability

The PNSGTC defines the terms of liability for the Service, and these terms shall apply between the parties. In the case of faults, deficiencies or delays in the provision of the Services, PostNord Strålfors’ liability is limited to the remuneration already or to be paid by the Customer to PostNord Strålfors in accordance with applicable price annex for the production affected by the fault, deficiency or delay.

9.2

Distribution

PostNord Strålfors undertakes to produce and distribute the models in accordance with the Agreement, Customer Assignments and applicable instructions on the web portal.

9.3

PostNord Strålfors’ responsibility for production and distribution

PostNord Strålfors’ responsibility for production and distribution within the framework of the Service is always limited to the remuneration paid by the Customer to PostNord Strålfors for such production and distribution.

9.4

Confidentiality

PostNord Strålfors’ personnel and subcontractors are bound by professional secrecy.

9.5

Quality of design in file

PostNord Strålfors is not responsible for the quality of the file that the Customer chooses to send as a model, unless otherwise agreed in writing between the parties.


10.

Right of cancellation and complaints

There is no right of cancellation and the Customer therefore has no opportunity to retract its purchase. This is because the ordered model is produced in accordance with the Customer’s instructions and, due to its characteristics, it cannot be sold to another customer or used by PostNord Strålfors.


Complaints are handled in accordance with the provisions for 3D Solutions, as defined at 3d.postnordstralfors.com, as well as in accordance with the selected Service for distribution.


11.

Disputes

Disputes arising from purchases relating to the Service and/or relating to these Special Terms and Conditions are adjudicated by the Swedish General Court.


12.

Customer service

In the case of questions about the Service, you are welcome to contact PostNord Strålfors, customer service via email. 3dsolutions@stralfors.com