Terms of service

Welcome to the HeyGears website at store.heygears.com (hereinafter referred to as the “Website”).
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Welcome to store.heygears.com (the “Website”). The Website is operated by HeyGears (“we”, “us”, or “our”).
These Terms of Service (“Terms”) govern your access to and use of the Website and your purchase of our products, including 3D printers, accessories, spare parts, software, and related products and services (collectively, the “Products”).
Please read these Terms carefully before using the Website or placing an order. By using the Website or placing an order, you agree to these Terms to the extent permitted by applicable law.
If you are a consumer, nothing in these Terms limits or excludes any mandatory rights or protections that apply to you under the laws of the country in which you reside.

1. Scope and Eligibility

1.1. These Terms apply to your use of the Website and to purchases made through the Website.
1.2. If you purchase Products as a consumer, the mandatory consumer protection laws applicable to you remain fully applicable. If you purchase Products for business purposes, different contractual and legal rules may apply.
1.3. If you place an order on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. Account Registration and Account Security

2.1. Certain features of the Website may require you to create an account. You agree to provide accurate, complete, and up-to-date information.
2.2. You are responsible for maintaining the confidentiality of your account credentials and for taking reasonable steps to prevent unauthorized access to your account.
2.3. You must notify us promptly if you believe that your account has been accessed or used without authorization.
2.4. We may suspend or terminate an account where reasonably necessary to protect the Website, our customers, our business, or third parties, including where there is fraud, misuse, unlawful activity, or a material breach of these Terms. Where required by applicable law, we will provide appropriate notice and any applicable rights to challenge or remedy the suspension or termination.

3. Products and Product Information

3.1. We make reasonable efforts to ensure that product descriptions, specifications, images, dimensions, colors, compatibility information, and other information displayed on the Website are accurate and up to date.
3.2. Minor variations in appearance, color, packaging, or configuration may occur where they do not materially affect the functionality or conformity of the Product.
3.3. Certain Products may require assembly, installation, software, firmware, calibration, maintenance, or the use of specified materials or accessories. You are responsible for following the applicable product documentation, safety instructions, installation instructions, and operating requirements.
3.4. You must use the Products only for their intended purpose and in accordance with the applicable instructions and safety information.
3.5. Nothing in this section limits any statutory rights you may have regarding defective, non-conforming, or unsafe Products.

4. Orders and Contract Formation

4.1. Before submitting an order, you will have an opportunity to review and correct the information you have entered.
4.2. When you submit an order, you are making an offer to purchase the selected Products.
4.3. We will acknowledge receipt of your order by email. The contract between you and us will be formed in accordance with the applicable law governing the transaction and the information provided during the ordering process.
4.4. We may refuse or cancel an order where reasonably necessary, including in cases of:
  • obvious pricing or product information errors;
  • Products becoming unavailable;
  • suspected fraud or unauthorized transactions;
  • technical errors affecting the order;
  • restrictions on delivery to the requested destination; or
  • legal or regulatory requirements.
4.5. If we cancel an order after you have paid for it, we will refund the amount you paid for the cancelled Products, unless applicable law provides otherwise.
4.6. Nothing in this section affects your statutory rights as a consumer.

5. Prices and Payment

5.1. Product prices and applicable taxes will be displayed on the Website or during checkout as required by applicable law.
5.2. Any applicable delivery charges or other mandatory charges will be communicated before you place your order.
5.3. Payment must be made using the payment methods made available at checkout.
5.4. By submitting payment information, you confirm that you are authorized to use the relevant payment method.
5.5. We may use third-party payment service providers to process payments. Your use of such payment services may also be subject to the provider's terms and privacy policy.

6. Delivery

6.1. We will deliver the Products to the delivery address specified in your order.
6.2. Estimated delivery dates or delivery windows are provided for information unless a specific delivery date or period has been expressly agreed with you.
6.3. If delivery is delayed, we will take reasonable steps to inform you where required by applicable law.
6.4. Where applicable law gives you the right to require delivery within an additional reasonable period and to cancel the contract if delivery does not occur within that period, those rights will apply.
6.5. Risk of loss or damage to the Products passes to you in accordance with applicable law. For consumer sales, we will not transfer the risk of loss or damage to you before the Products are physically received by you or by a third party designated by you, except where applicable law permits otherwise.
6.6. You should inspect the package and Product within a reasonable period after delivery and notify us of any visible transport damage as soon as reasonably practicable. Failure to do so does not affect your statutory consumer rights.

7. Right of Withdrawal / Cancellation for Consumers

7.1. If you are a consumer purchasing Products online in the European Union or the United Kingdom, you generally have a statutory right to withdraw from or cancel a distance contract within 14 days, subject to applicable legal exceptions.
7.2. For a sale of Products, the withdrawal or cancellation period generally begins when you, or a third party designated by you other than the carrier, physically receive the Products. Where an order contains multiple Products delivered separately, the applicable period may begin when the last Product is received.
7.3. You do not normally need to provide a reason for exercising the statutory withdrawal or cancellation right.
7.4. To exercise your right, you may contact us using the contact details provided on the Website or use any online withdrawal/cancellation function that we make available.
7.5. You may also use the applicable statutory model withdrawal/cancellation form where required or provided.
7.6. Unless otherwise required by applicable law, you must return the Products without undue delay and generally within 14 days after notifying us of your withdrawal or cancellation.
7.7. During the withdrawal period, you may handle and inspect the Products only to the extent necessary to establish their nature, characteristics, and functioning. You may be responsible for any diminished value resulting from handling beyond what is reasonably necessary for such inspection, to the extent permitted by applicable law.
7.8. Unless we have agreed otherwise or applicable law requires us to bear the cost, you may be responsible for the direct cost of returning Products following a valid withdrawal or cancellation.
7.9. We will process refunds in accordance with applicable law. Where applicable, refunds will generally include the standard delivery charge originally paid by you, but we may withhold the refund until we have received the returned Products or you have provided evidence that they have been sent back, whichever occurs first, where permitted by law.
7.10. The statutory withdrawal/cancellation right does not apply where an applicable legal exception applies, including certain Products made to the consumer's specifications or clearly personalized Products, where such exception is applicable under the law governing the contract.
7.11. Nothing in this section limits any separate statutory rights you may have in relation to defective or non-conforming Products.

8. Defective, Non-Conforming, or Damaged Products

8.1. We are responsible for Products that do not conform to the contract, are defective, or otherwise fail to meet mandatory legal requirements applicable to the sale.
8.2. If a Product is defective or does not conform to the contract, you may have statutory rights to repair, replacement, price reduction, refund, or other remedies depending on the applicable law and circumstances.
8.3. For consumers in the European Union, statutory legal guarantee rights apply in accordance with applicable EU and national law. EU consumer law generally provides a minimum two-year legal guarantee for defective or non-conforming goods, subject to applicable national rules and exceptions.
8.4. For consumers in the United Kingdom, your statutory rights under applicable UK consumer law remain unaffected by these Terms.
8.5. Any commercial warranty offered by us is additional to, and does not replace or reduce, your statutory consumer rights.
8.6. For information about our commercial warranty, please refer to our separate Warranty Policy.

9. 3D Printer Use and Safety

9.1. 3D printers can contain heated surfaces, moving components, electrical components, and other components that may present risks if used improperly.
9.2. You must read and follow all applicable user manuals, safety instructions, installation instructions, maintenance instructions, warnings, and firmware or software instructions before operating a Product.
9.3. You must use appropriate materials, accessories, power supplies, and replacement parts as specified by the applicable Product documentation.
9.4. You must not modify, disable, bypass, or remove safety features unless expressly authorized by the applicable documentation or permitted by applicable law.
9.5. You are responsible for ensuring that the environment in which you operate the Product is suitable for its intended use, including appropriate ventilation, electrical supply, temperature, and other applicable requirements.
9.6. Nothing in this section excludes or limits our liability for unsafe Products or any statutory rights or remedies that cannot lawfully be excluded or limited.

10. Software, Firmware and Digital Features

10.1. Certain Products may require software, firmware, applications, online accounts, or other digital services.
10.2. We may provide updates, patches, bug fixes, or security updates where appropriate or required by applicable law.
10.3. You agree not to reverse engineer, decompile, disassemble, circumvent security measures, or otherwise misuse our software or firmware except to the extent that such activity cannot lawfully be restricted.
10.4. Where digital content or digital services are supplied to consumers, any mandatory statutory rights relating to digital content or digital services remain unaffected.

11. Intellectual Property

11.1. Unless otherwise stated, the Website and its content, including text, graphics, photographs, product descriptions, logos, trademarks, software, firmware, videos, designs, and other materials, are owned by or licensed to us.
11.2. You may use the Website and its content only for lawful personal or internal business purposes and in accordance with these Terms.
11.3. You must not reproduce, distribute, modify, publicly display, commercially exploit, or otherwise use our intellectual property without our prior written permission, except where permitted by applicable law.
11.4. Nothing in these Terms transfers ownership of our intellectual property to you.

12. User Content and Uploaded Data

12.1. Where the Website allows you to upload or submit files, models, images, reviews, comments, or other content (“User Content”), you remain responsible for that content.
12.2. You represent that you have the necessary rights to submit and use User Content and that your User Content does not unlawfully infringe the rights of any third party.
12.3. You grant us only the rights reasonably necessary to host, process, display, transmit, or otherwise provide the relevant Website functionality or service.
12.4. We may remove or restrict User Content where reasonably necessary to comply with law, protect the Website or third parties, or address unlawful or abusive content.
12.5. We will process personal data in accordance with our Privacy Policy.

13. Prohibited Use

You must not use the Website or Products to:
  • violate applicable laws or regulations;
  • infringe intellectual property, privacy, or other rights of third parties;
  • introduce malware, viruses, or other harmful code;
  • interfere with the operation or security of the Website;
  • attempt unauthorized access to our systems or accounts;
  • conduct fraudulent or deceptive activities;
  • use the Website in a manner that could damage or materially interfere with our services or other users' access; or
  • otherwise misuse the Website or Products.

14. Product Safety and Regulatory Compliance

14.1. We take reasonable measures to ensure that Products supplied to consumers comply with applicable product safety and regulatory requirements.
14.2. For Products supplied in the European Union, applicable EU product safety requirements, including the General Product Safety Regulation (EU) 2023/988 where applicable, will apply in accordance with applicable law.
14.3. For Products supplied in Great Britain, applicable UK product safety requirements will apply. For Northern Ireland, applicable EU product safety requirements may apply depending on the circumstances.
14.4. Product safety information, warnings, instructions, manufacturer information, and other legally required information may be provided on the Product page, packaging, manuals, labels, or other durable media, as applicable.
14.5. If a Product is subject to a safety recall or other corrective action, we may contact affected customers and take the actions required by applicable law.

15. Privacy

15.1. We process personal information in accordance with our Privacy Policy.
15.2. Where applicable, our Privacy Policy explains how we collect, use, store, disclose, and protect personal information and how you may exercise your data protection rights.
15.3. If a provision of these Terms conflicts with a mandatory requirement of applicable data protection law, the mandatory legal requirement will prevail.

16. Third-Party Services

16.1. The Website may contain links to or integrate services provided by third parties, including payment providers, logistics providers, software providers, and other service providers.
16.2. Third-party services may be subject to separate terms and privacy policies.
16.3. We are not responsible for third-party services to the extent that such services are outside our reasonable control, without prejudice to any rights you may have against us under applicable law.

17. Limitation of Liability

17.1. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
17.2. In particular, nothing in these Terms excludes or limits our liability for:
  • death or personal injury caused by our negligence where such exclusion is prohibited by law;
  • fraud or fraudulent misrepresentation;
  • defective or unsafe Products to the extent liability cannot lawfully be excluded or limited;
  • breach of mandatory consumer rights;
  • breach of statutory obligations that cannot lawfully be excluded or limited; or
  • any other liability that applicable law does not permit us to exclude or limit.
17.3. Subject to Section 17.2 and applicable law, we are not responsible for losses that are not reasonably foreseeable or that arise solely from circumstances outside our reasonable control.
17.4. Nothing in these Terms limits any statutory remedies available to consumers for defective, unsafe, or non-conforming Products.

18. Force Majeure

18.1. We will not be responsible for delay or failure to perform an obligation where the delay or failure results from circumstances beyond our reasonable control, including natural disasters, war, governmental actions, major infrastructure failures, labor disruptions, epidemics, transportation disruptions, or widespread cyber incidents.
18.2. This section does not affect any mandatory consumer rights or remedies available under applicable law.

19. Changes to These Terms

19.1. We may update these Terms from time to time to reflect changes in our business, Products, services, technology, or legal requirements.
19.2. The version of the Terms applicable to an order will be the version in force when the relevant contract was concluded, unless a later change is required by law or is otherwise validly agreed with you.
19.3. We will not use an update to these Terms to remove or reduce mandatory rights that you have under applicable law.

20. Governing Law and Consumer Rights

20.1. These Terms are governed by the laws applicable to the transaction, subject to the mandatory consumer protection laws of the country where you reside.
20.2. If you are a consumer resident in the European Union, you retain the protection of the mandatory provisions of the law of your country of habitual residence where applicable.
20.3. If you are a consumer resident in the United Kingdom, your mandatory rights under applicable UK consumer protection law remain unaffected by these Terms.
20.4. Nothing in these Terms prevents a consumer from bringing proceedings before a court that has jurisdiction under applicable mandatory law.
20.5. If you purchase Products for business purposes, the governing law and jurisdiction provisions applicable to the relevant business transaction may be specified separately.

21. Germany-Specific Consumer Provisions

21.1. If you are a consumer resident in Germany, the mandatory provisions of German consumer law apply to your purchase.
21.2. Your statutory right of withdrawal (Widerrufsrecht) remains unaffected by these Terms.
21.3. Where required by applicable German law, we will provide an electronic withdrawal function on the Website that allows consumers to exercise their withdrawal right online.
21.4. German consumers may also exercise their withdrawal right by using any other legally permitted clear statement of withdrawal, including the applicable model withdrawal form where provided.
21.5. Any mandatory German statutory rights relating to defects, conformity, warranties, delivery, refunds, liability, or unfair contractual terms remain unaffected.

22. United Kingdom-Specific Consumer Provisions

22.1. If you are a consumer in the United Kingdom, your statutory rights under applicable UK consumer protection law apply to your purchase.
22.2. These rights include, where applicable, rights relating to the quality, conformity, description, fitness for purpose, cancellation, refunds, repair, replacement, price reduction, and other remedies relating to Products.
22.3. Nothing in these Terms limits or excludes rights that cannot lawfully be limited or excluded under UK law.

23. European Union Consumer Provisions

23.1. For consumers in the European Union, mandatory EU and applicable national consumer protection laws apply.
23.2. These protections include, where applicable, rights relating to pre-contractual information, withdrawal, delivery, conformity of goods, legal guarantees, remedies for defective goods, and protection against unfair contractual terms.
23.3. Where national law provides consumers with additional mandatory protection beyond the minimum requirements of EU law, those mandatory protections will apply.

24. Severability

24.1. If any provision of these Terms is held to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect.
24.2. For consumer contracts, an invalid or unenforceable provision will not affect the consumer's statutory rights.

25. Entire Agreement and Supplementary Policies

25.1. These Terms, together with any policies expressly incorporated into them, including our Privacy Policy, Warranty Policy, Return and Refund Policy, and Shipping Policy, constitute the contractual framework governing your use of the Website and purchase of Products, to the extent permitted by applicable law.
25.2. If there is a conflict between these Terms and a mandatory consumer protection law, the mandatory law will prevail.
25.3. If there is a conflict between these Terms and a specific policy applicable to a particular transaction, the specific policy will apply to the extent expressly stated and permitted by applicable law.

26. Contact Us

If you have any questions regarding these Terms, your order, or your statutory consumer rights, please contact us: Email: contact@heygears.com
We will make reasonable efforts to respond to your questions and resolve complaints promptly.

 

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