PRINTABLES CLUB & STORE - TERMS OF PURCHASE

The provider of PRINTABLES CLUB & STORE is Prusa Research a.s., with registered office at Partyzánská 188/7A, 17000, Prague 7, ID No.: 06649114, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, Insert 23056 (hereinafter referred to as "PRUSA").

Contact details:

The address of the place of business and the postal address of PRUSA:

Prusa Research a.s.
Partyzánská 188/7a
170 00 Prague 7 – Holešovice
Czech Republic

Customer service for complaints and claims:

1. INTRODUCTION AND DEFINITIONS

   1.1. The PRINTABLES CLUB & STORE is an online service provided by PRUSA through which registered PRINTABLES users can offer digital content and related services to other PRINTABLES users ("PRINTABLES CLUB & STORE"), either by subscription or by making digital content available for download online for a fee ("Digital Content").

   1.2. "Store" means services of making content available to third parties through a PRINTABLES user profile with the PRINTABLES CLUB & STORE service activated.

   1.3. The PRINTABLES CLUB & STORE services are part of the PRINTABLES Services and are available through the website at: https://www.printables.com/store.

   1.4. "Creator" means a PRINTABLES user who has registered to sell digital content through PRINTABLES under the terms and conditions set out in the Printables Club & Store Terms for Creators.

   1.5. "Buyer" means a PRINTABLES user who acquires digital content from a Creator through the PRINTABLES CLUB & STORE for a fee .

   1.6. "Consumer" means any natural person who is acting for a purpose which cannot be regarded as his trade, business, craft or profession.

   1.7. When we use the term "you" or "user" in these Terms of Purchase, we mean you as a Buyer.

   1.8. These Printables Club & Store Terms of Purchase govern the rights and obligations between PRUSA and the Buyer (the "Purchase Terms") and constitute a contract between PRUSA and the Buyer, which is entered into by confirming these Purchase Terms when acquiring digital content from the Creator through the PRINTABLES CLUB & STORE.

   1.9. The Terms of Service of Printables.com ("PRINTABLES Terms and Conditions") and the General Terms and Conditions of Use of the PRUSA Websites ("General Terms and Conditions") also form an integral part of these Purchase Terms.

   1.10. IMPORTANT NOTICE: Any contractual relationship under which digital content is sold between the Creator and the Buyer is a contract between the Creator and the Buyer only. PRUSA is not directly involved in this bilateral contractual relationship. In this respect, PRINTABLES CLUB & STORE acts only as a technical means for the conclusion and implementation of the contractual relationship between the Creator and the Buyer, the subject of which is the delivery of the selected digital content for a fee.

   1.11. All payments in the PRINTABLES CLUB & STORE are made through our payment service provider, STRIPE ("STRIPE") (https://stripe.com/en-cz). Use of these payment services is subject to STRIPE's terms and conditions, which are available at the link above. PRUSA reserves the right to change the payment service provider at any time in the future, in which case (to the extent applicable) the terms and conditions relating to or referring to STRIPE set out in these Purchase Terms shall apply to the new payment service provider.

   1.12. The Buyer agrees to the use of remote means of communication in connection with the use of PRINTABLES CLUB & STORE services. The Buyer shall bear the costs incurred in this connection by the use of means of communication. These costs do not differ from the basic rates at the user's location.

2. PRINTABLES CLUB & STORE TERMS AND CONDITIONS

   2.1. The PRINTABLES CLUB & STORE services are provided by PRUSA without any warranty, guarantee of availability, merchantability or marketability. PRINTABLES CLUB & STORE services may be fromm time to time temporarily unavailable. In the event of planned downtime, we will notify users in advance.

   2.2. PRINTABLES CLUB & STORE may only be used by PRINTABLES users over 15 years of age as buyers.

   2.3. The display of the offers of individual Creators is based on the general sorting of content on PRINTABLES web pages according to the search parameters entered by the user, i.e. keywords or selected preset filters. PRUSA does not rank the content available through PRINTABLES. All rating of Creators is based on their activity, the rating of other users and is purely related to the use of PRINTABLES services.

   2.4. PRUSA does not verify the authenticity of reviews or ratings of content or activities of other PRINTABLES users.

   2.5. PRUSA does not provide any support or paid display or ranking (topping) benefits within the PRINTABLES CLUB & STORE or on the PRINTABLES website.

   2.6. If you use the PRINTABLES CLUB & STORE services and you are also in the position of a Consumer in relation to PRUSA, i.e. in particular you do not use the PRINTABLES CLUB & STORE services for other than personal needs, you acknowledge and agree that the PRINTABLES CLUB & STORE digital service is provided to you at the moment of logging in and paying for the purchase of digital content. The PRINTABLES CLUB & STORE services are thus provided to you before the expiration of the 14-day period for exercising the consumer's right of withdrawal for the delivery of the PRINTABLES CLUB & STORE digital services, and therefore you do not have this right of withdrawal against PRUSA in the case of the PRINTABLES CLUB & STORE services.

   2.7. At the same time, PRINTABLES CLUB & STORE is a digital service provided by PRUSA online and exclusively through the website www.printables.com/store. PRUSA is under no obligation to provide any updates to the PRINTABLES CLUB & STORE services in this regard and the services are provided "as is" without any additional warranties or guarantees. Your rights from defective performance are due to you as a consumer, given the digital nature of the service, to the extent of the provisions of Section 2389t of Act No. 89/2012 Coll. - Civil Code. If the PRINTABLES CLUB & STORE services do not suit you or you are not satisfied with their functioning, you are entitled to terminate their use at any time.

3. OTHER CONDITIONS OF PURCHASE

   3.1. The Buyer has the choice of obtaining the digital content offered by the Creator through the PRINTABLES CLUB & STORE either through a monthly subscription to the premium content of the selected Creator or by purchasing individual digital content and downloading it to the Buyer's device.

   3.2. The content and scope of the digital content offered and, if applicable, other services and the price are the sole responsibility of the Creator of the respective Store, who is also entitled to change the scope of the content and services offered at any time.

   3.3. You, as the purchaser, are obliged to respect and comply with all terms and conditions set by the Creator for the purchase of the digital content made available by the Creator, including in particular the price and licensing terms and any other restrictions on the digital content made available. If you do not agree to these terms, do not purchase digital content from the Creator.

   3.4. In the event that you become aware that the terms and conditions set forth by the Creator are inconsistent with this Purchase Terms, any PRUSA terms of service or applicable law, you are required to notify us at: [email protected].

   3.5. In the case of a purchase of subscription of digital content from a Creator, this is a contractual relationship which implies that it is a recurring monthly payment, and therefore that the subscription fee you have chosen will be charged to your credit card or other means of payment chosen by the payment service provider on a regular basis until you cancel the subscription in your profile settings on the PRINTABLES or until you cancel the authorization for monthly subscription payments with your payment service provider, if your payment service provider offers such a feature.

   3.6. The billing period for the purchase of digital content from the creator by subscription is one calendar month. If you choose to pay the first subscription fee during a calendar month, you will either be credited with the first subscription fee for one full billing period thereafter, at your option, according to the Tier offering you have selected and the subscription fee amount determined by the Creator, or you will pay the monthly subscription fee regardless of the length of the remaining period in that month, with no refund of the difference (prorated portion).

   3.7. IMPORTANT NOTICE: As stated above, the contract under which you obtain digital content from the Creator for a fee is entered into directly with the respective Creator. PRUSA is not part of this contractual relationship. You acknowledge and agree that you will pursue any and all claims arising from the contract between you and the Creator directly with the Creator. This includes, in particular, any claims or rights arising from defective performance, regardless of whether the subject of performance is digital content or another service. At the same time, if the Creator is a private person, please note that the contract with the private Creator (as seller) is not subject to consumer rights under the European Union consumer protection regulations.

   3.8. If you are a consumer in relation to the Creator, you agree that the digital content or digital service will be made available to you upon payment of the price for the digital content. You hereby acknowledge and agree that in such case, you no longer have the right to withdraw from the contract with the Creator.

   3.9. In the case of a subscription, you may terminate your subscription at any time, provided that any subscription already paid is not refundable.

   3.10. If you fail to pay the monthly subscription fee for the next calendar month, your access to the digital content made available by the Creator under the subscription will be automatically cancelled.

   3.11. The price for digital content set by the Creator is the final price, so the payment service provider will debit this amount from your account. Please note, however, that the Creator is solely responsible for the pricing and any tax or fee obligations. PRUSA shall not be liable to you as a purchaser or subscriber in this regard and shall not be obligated to compensate or reimburse you for any additional charges or penalties, if any.

   3.12. You further acknowledge and agree that PRUSA shall not be liable for any damages or harm resulting from the cancellation of your user account due to your breach of these Purchase Terms or arising from your use of the offers from the Creators/operators of the respective Store, i.e. in particular in connection with your use of digital content obtained from the creator or arising in connection with the payment of the price for the digital content, regardless of whether the damage is caused by the settings of the STRIPE services, by a reason on the part of PRUSA or by a reason on the part of the Creator. To this extent, you also waive any and all claims against PRUSA and companies affiliated with PRUSA in any way, either financially or personally.

4. REASONABLE USE OF THE SERVICE AND REPORTING OF OBJECTIONABLE CONTENT

   4.1. Buyer shall use all PRUSA websites only in the standard manner and for the purposes intended. The use of the PRUSA website, including the PRINTABLES website, must not contravene the General Terms and Conditions, generally binding legal regulations or good morals, interfere with the rights and legitimate interests of PRUSA, other users or third parties.

   4.2. In the event of a breach of obligation under the preceding paragraph, PRUSA shall be entitled to restrict or terminate access to the PRINTABLES User Account, including the Content available through the PRINTABLES CLUB & STORE, at any time without compensation.

5. CONSUMER DISPUTE RESOLUTION

   5.1. If you are using PRINTABLES CLUB & STORE services as a Consumer for personal use, you may take your complaint regarding your contract with PRUSA, which you are unable to resolve amicably, to the competent consumer dispute resolution body, which is:

   Czech Trade Inspection Authority, Central Inspectorate, Alternative Dispute Resolution (ADR) Department
   Stepanska 15
   120 00 Prague 2 - New Town
   E-mail address: [email protected]
   Website: https://adr.coi.cz

   5.2. As a consumer, you can also use the dispute resolution platform set up by the European Commission, available at: https://ec.europa.eu/consumers/odr/.

6. FINAL PROVISIONS

   6.1. PRUSA is entitled to amend or supplement the wording of these Purchase Terms at any time, without prejudice to the rights and obligations arising during the effective period of the previous version. In addition, PRUSA may unilaterally change the terms and conditions of its long-term obligations under these Purchase Terms to the reasonable appropriate. PRUSA shall notify PRINTABLES CLUB & STORE users of such change to the Purchase Terms at least 15 days prior to the effective date of the new version of the terms by posting the new version on the web interface or by sending a message to the e-mail address listed in the respective PRINTABLES profile.

   6.2. PRUSA reserves the right to discontinue or terminate the PRINTABLES CLUB & STORE service at any time without any obligation to compensate the Buyers or Creators for any direct or indirect damages, other harm or lost profits. You acknowledge and agree to this limitation of liability and your use of PRINTABLES CLUB & STORE constitutes your consent to it. If you do not agree to this limitation of liability, do not use the PRINTABLES CLUB & STORE services. In the event of termination of the PRINTABLES CLUB & STORE service, PRUSA will provide the user with at least 30 days' notice, except where compliance with this time limit is not required or permitted by applicable law or a decision of the relevant supervisory authority.

   6.3. These Purchase Terms are governed by the laws of the Czech Republic. If the Buyer is also a consumer, he/she further acknowledges that the choice of law under the preceding sentence does not affect his/her rights as a consumer, which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No.593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

   6.4. These Purchase Terms, and therefore the contracts that create these Purchase Terms, are written in Czech and English. If other language versions of these Purchase Terms are available through the PRUSA Site, the provisions of these Purchase Terms in the English version shall prevail in the event of a conflict between such foreign language versions and the English version. Contracts are archived and are not publicly available.

   6.5. PRUSA is not bound by any special codes of conduct in relation to PRINTABLES CLUB & STORE users.

   6.6. The parties expressly exclude the application of the Vienna Convention on the Purchase of Goods to contractual relationships established under these Conditions of Purchase.

   6.7. The invalidity or ineffectiveness, even in part, of any provision of these Terms of Purchase or any part thereof shall not affect the validity and effectiveness of the remaining provisions.

   6.8. This version of Purchase Terms is valid and effective from 13.12.2023. For Buyers who already gain access to digital content through the Club function according to the PRINTABLES Club Terms of 3.8.2023 (the "Club Terms"), these Purchase Terms shall become effective either (i) upon the first new purchase of the Digital Content through the Store, in which case these Purchase Terms shall supersede the original Club Terms in their entirety; or (ii) shall become effective on January 1, 2024, whichever is earlier.

   6.9. The current and effective version of these Terms and Conditions of Purchase is available at https://www.prusa3d.com/page/printables-club-and-store-terms-of-purchase_236519/