Fractory’s Service Agreement and Cancellation Policy (Return of Goods)
Welcome to Fractory.com (“Service”), the official website for Fractory Solutions OÜ (“Service Provider”/us/our/we). This Service agreement (“Agreement”) regulates the terms and conditions of using the Fractory platform and is entered into by You (“User”/you/customer) and Fractory Solutions OÜ located at Raekoja plats 16, 51004, Tartu, Eesti (hereinafter jointly referred to as Parties).
1. Use of Service
Service Provider hosts and maintains an online platform available at the Website that enables Users to upload their two dimensional (2D) drawings for their manufacturing projects. Fractory maintains a vendor manufacturing program consisting of a network of third party manufacturers (“Suppliers”) capable of performing manufacturing services on Fractory’s behalf in order to offer our customers greater efficiencies and the best pricing and quality of manufacturing services. When a customer uploads their specifications, Fractory will subcontract with one of Suppliers to have manufactured, the parts or items to be delivered pursuant to the User’s order (“Part”).
In order to place an order for a Part, User must upload an accepted two dimensional (2D) drawing for the Part that User would like to have produced pursuant to the terms of this Agreement. During the ordering process User has to choose, from the list of available options and parameters for Part. Certain restrictions with respect to the thickness, material may apply.
User will be able to see and review the order and the cost (production and delivery) provided by Fractory before finalizing the order. No contract to manufacture any Part exists until Fractory acknowledges User acceptance of its quote/order by confirming the order. Since each order is custom manufactured, you may not cancel an order once it has been placed.
User is solely responsible for ensuring that the specifications in the quote and other information User submit in the order is accurate and complete before finalising the order. User may not amend or modify the specifications after placing order.
Fractory may, at any time during the quotation, ordering and the manufacturing process, revoke and/or cancel any order, if there are technical or other reasons (such as a concern about intellectual property ownership of the design or the legality of the Part) to do so. In such case, Fractory will reimburse User all money paid for such Part, if any.
The User acknowledges and agrees that Service Provider subcontracts or otherwise delegates orders the User has placed for a Part to one of Suppliers. As such, the User acknowledges and agrees that Fractory may share User’s specifications with Supplier in order to process and manufacture the order. The User will not have any obligation to pay any Supplier directly.
The detailed instructions on how to place an order is found on the our Website under „How It Works“ (https://fractory.com/fi/laserleikkaus-hinta/).
We will process and collect data pursuant to the conditions set out in the Fractory’s Privacy Notice found on the Website (https://fractory.com/fi/tietosuojakaytanto/).
2. Your Account, Password and Security
In order to use the Service the Service Provider may ask for some information from the User (company name, contact information etc.). The User states that all the information provided to the Service Provider is currently complete and accurate to the best of the User’s knowledge.
The Service Provider reserves the right to suspend or stop any User from using the Service in case the information provided by the User has not been current, complete and accurate. In case the information provided to the Service Provider by the User should change the User is obliged to immediately notify the Service Provider.
The User does not circumvent or attempt to circumvent the user authentication systems used by the Service Provider. The User is entirely responsible for all payments and activities which occur while or as a result of using the Service. The User is liable for any damages, losses or costs that the Service Provider or any third party sustains as a result of the User using the Service. The User is also liable for any damages, losses or costs that the Service Provider or any third party sustains as a result of a third party using the Service with the User’s password, account name or account information. Therefore, the User is responsible for maintaining confidentiality of passwords and any information regarding the Service or the User’s personal account.
The User is to immediately notify the Service Provider (firstname.lastname@example.org) of any unauthorized use of the User’s password or account of which the User is aware of. The User acknowledges that all messages sent using the Service are transmitted in an unencrypted format.
The User is to pay the Service Provider at the applicable rate (without limitation) in Euros, Dollars or Pound Sterlings (depending on what country site is used) for charges for all of the confirmed orders, applied service fees and any applicable Value Added Tax. All charges are payable in advance – the User cannot use the Service until all due payments have been received by the Service Provider. Payments for using the Service can be made by bank transfer or using a credit card. Other payment methods may be accepted at the sole discretion of the Service Provider. Credit card information is not visible to nor accessible by the Service Provider. In case of credit card payments, the User will be directed to a secure environment provided by the credit card payment operator. Credit card payments can only be cancelled via application to the bank which has issued the credit card. The application must in this case include the reason for cancelling the payment.
Quotations issued by Fractory will contain an estimated date of shipment, calculated on the basis of the input data. The term of delivery generated by the online ordering system gives an indication of planned date of shipment though does not bind Service Provider. Estimated shipment date is based on the working conditions applicable at the time the agreement is concluded and on the punctual delivery of the materials ordered by Fractory for the performance of the work. Should a delay rise for which Fractory is not responsible, as a result of a change in the mentioned working conditions or because materials ordered in time for the performance of the work are not delivered on time, the shipment date shall be extended as required and Service Provider will not liable for such delay.
5. Intellectual Property
Service Provider grants to the User a limited, revocable, non-exclusive license to use the Website for personal or internal business purposes. Fractory retains all ownership and intellectual property rights to the Service and all content therein. User shall not or permit any third party to:
(a) reverse engineer, disassemble or decompile Fractory.com, the pricing and matching algorithms of Fractory.
(b) use any manual or automated software devices or other processes to “scrape” or download data from any web pages contained in the Service;
(c) access the Service in order to build a similar or competitive website, application or service;
(d) use the Service for any illegal purpose, including to manufacture any products, components, goods or tools designed or intended for use in firearms;
(e) use the Service to order Part for which the User does not have relevant rights (e.g. do not have rights to use drawings);
(f) send or upload or make available in any other way any intellectual property to which the User does not have right to (e.g. upload 2D drawings of third parties without license/right to do so etc.).
6. User Content
The Service Provider does not claim any ownership over your specifications or any content, data or other materials you upload to or otherwise make available on the Fractory.com platform. A User is solely responsible for the content uploaded to the Service.
7. Limitation of Liability
Because the parts are based on User specifications, Service Provider makes no warranty, representation, or condition that: (a) the parts will meet your requirements, (b) the parts are fit for any particular purpose, or merchantable, or (c) the parts are defect or error-free. The Services may be subject to delays, cancellations and other disruptions. Service Provider makes no warranty, representation or condition with respect to the services, including but not limited to, the quality, effectiveness, reputation and other characteristics of the services. User acknowledges and agrees that Service Provider is not liable, and the User agrees not to seek to hold Fractory liable, for the conduct of third parties, including for any part manufactured by a third party. This limitation of liability does not affect obligatory liability under applicable law (e.g. liability in case of intentional non-performance).
8. Service and Termination
The Service Provider makes no guarantees regarding the performance of the Service’s systems and those of the Supplier. This Agreement may be terminated by the User with or without cause at any time by sending a written notice to the Service Provider (email@example.com) – this does not affect obligations already applicable e.g. payment for ordered Part. The Service Provider may investigate any activity that may violate this Agreement and may at any time in case of or in case of reasonable doubt of infringement of the Agreement or any harm or possible harm to the Service Provider at its sole discretion terminate this Agreement.
9. Changes to the Agreement
All of the terms in the Agreement and on the Website including the pricing are subject to change by the Service Provider at any time without prior notification. Change of price does not influence the price of a Part agreed upon by Parties earlier if the Part is already ordered and the order is confirmed by us. Prices changes become effective immediately after being published by the Service Provider on the Website. For being informed of all such changes revising the Website and the Agreement regularly is strongly recommended. By continuing to use the Services after the terms in the Agreement or on the Website have been published the User automatically agrees to be bound by such changed terms and pricing.
10. Consumer Specifications
As our User (customer) may be a consumer certain additional rights and differences may apply. We have gathered consumer’s rights information under this section. A consumer is a natural person who concludes a transaction not related to independent economic or professional activities.
If you are a consumer (i.e. are a consumer and the registered User under which you submitted your order is consumer not a trader/business) then consumer rights from your residency country (if you reside in the EU) will apply. This section (section 10) gives general overview of consumer rights under Estonian laws (applicable to consumers from Estonia).
We hereby remind You that as a consumer You have the right to rely on the following legal remedies in case of non-performance by Fractory: require performance of the obligation of Fractory; withhold performance of an obligation required by the consumer; demand compensation for damage caused by Fractory; reduce the price of the obligation. Goods manufactured according to the conditions established by the consumer and goods manufactured taking into account the personal needs of the consumer who is a party to the contract are excepted from 14 days withdrawal right. Due to the fact that Part(s) is manufactured based on your specifications, withdrawal right of 14 days after the purchase in case of online sales is not applicable (for further details see section 11. Return of Goods).
In case of non-compliance of the Part, the Consumer can file a complaint to Fractory within two (2) months from the delivery of the Part. The complaint must be filed as soon as consumer found out about the non-compliance but no later than two months. You can file the complaint via email firstname.lastname@example.org. In the complaint the consumer shall set out his/her name and contact details; the date of submission of the complaint; the date of purchase of the Part or receipt of the services; the defects of the Part or services and the claim against Fractory. We shall not be liable for any non-conformity of the Part that is caused by the activity or the failure to act by the consumer or that is deriving from the specifications provided to us by the User when ordering the relevant Part. Please note, that unless otherwise agreed with us, all costs relating to rework of non conformity shall be the responsibility of the User (customer).
We shall confirm the receipt of complaint and respond in the same format and provide information concerning the consumer’s complaint or a potential solution to the complaint within 15 days after receipt of the complaint. In case we are unable to settle the complaint within 15 days of receiving the complaint, we shall justify the delay, give corresponding notification to the consumer in written format and specify a new reasonable term.
The Parties shall resolve any issues by way of negotiations. In case the Parties are unable to reach a common agreement, the consumer has the right to turn to the Consumer Disputes Committee of the Consumer Protection and Technical Regulatory Authority of the Republic of Estonia https://ttja.ee/avalduse-esitamine; or use the Online Dispute Resolution (ODR) platform provided by the European Commission https://www.ec.europa.eu/consumers/odr to solve the dispute extrajudicially.
11. Return of Goods
If after placing an online order you realize that you have made a mistake in the measurements or chosen the wrong material we are happy to cancel/refund or amend/change the order, providing it has not already been processed/nested. If the order is already being processed no cancellation/refund and/or amendment/change can be enforced.
Custom parts are exempt from the distance selling cooling off period (i.e. 14 days withdrawal right of consumers) and therefore, no returns can be accepted. The item would have been made to your specifications making it impossible for us to re-sell.
However, mistakes can happen and in the event that the Part(s) have been laser cut to the wrong size (allowing for the standard tolerance for that specific material) or is cut in the wrong type or thickness of material, then we will of course re-cut the item(s) and dispatch them as soon as possible. Meaning if the non-conformity of the Part is derived from a manufacturing mistake, we will compensate or replace the Part (provided that other preconditions are met – e.g. you have filed the complaint in reasonable time). Please note, that unless otherwise agreed with us, all costs relating to rework of non conformity shall be the responsibility of the User (customer).
We ask the User (customer) to contact us via telephone (tel: +358408351388) to explain the nature of the problem as soon as possible. Arrangements will then be made with the User (customer) for the return of the item. Goods damaged in transit, short or wrongly delivered, must be notified to our sales office within three working days of receiving the item(s).
12. Final Provisions
This Agreement is governed by the laws of Estonia. The User agrees that the English language version of the Agreement will govern the relationship between the User and the Service Provider. All translations from the English language Agreement to some other language are provided for convenience. In case of any contradictions between the English language version of the Agreement and any translations, the English language version shall take precedence. Parties shall not be responsible for total or partial default on their obligations hereunder where this occurs due to the impact of force majeure circumstances. The Parties shall construe force majeure circumstances as circumstances which a Party could not foresee at the time of concluding the contract and could not prevent or remove with any means whatsoever. Such circumstances shall be natural calamities, strikes, fires, war, lawful or unlawful decisions of public authorities, etc.