Terms of sale
TERMS AND CONDITIONS OF SALE
Table of Contents
- ARTICLE 1 — PURPOSE AND SCOPE
- ARTICLE 2 — IDENTITY OF THE SELLER
- ARTICLE 3 — PRODUCTS
- ARTICLE 4 — PRICES
- ARTICLE 5 — ORDERING
- ARTICLE 6 — PAYMENT
- ARTICLE 7 — DELIVERY
- ARTICLE 8 — RIGHT OF WITHDRAWAL
- ARTICLE 9 — LEGAL WARRANTIES
- ARTICLE 10 — LIFETIME COMMERCIAL WARRANTY FOR THE PEN'UP 3D PEN
- ARTICLE 11 — AFTER-SALES SERVICE
- ARTICLE 12 — LIABILITY AND FORCE MAJEURE
- ARTICLE 13 — INTELLECTUAL PROPERTY
- ARTICLE 14 — PERSONAL DATA
- ARTICLE 15 — COOKIES
- ARTICLE 16 — CUSTOMER REVIEWS
- ARTICLE 17 — MEDIATION AND ONLINE DISPUTE RESOLUTION
- ARTICLE 18 — APPLICABLE LAW AND JURISDICTION
- ARTICLE 19 — ARCHIVING
- ARTICLE 20 — AMENDMENT OF THE T&CS
- ARTICLE 21 — GENERAL PROVISIONS
- APPENDIX 1 — STANDARD WITHDRAWAL FORM
- APPENDIX 2 — STATUTORY WARRANTY PROVISIONS
Distance selling to consumers — www.penup3d.com
Version applicable as of June 16, 2026
PREAMBLE
These General Terms and Conditions of Sale (hereinafter the ""GTC"") govern all remote sales made electronically on the website www.penup3d.com (hereinafter the ""Site"") between the company PEN'UP 3D (hereinafter the ""Seller"") and any individual acting for purposes that fall outside the scope of their commercial, industrial, craft, liberal, or agricultural activity, within the meaning of the introductory article of the French Consumer Code (hereinafter the ""Customer"" or the ""Consumer"").
Any order placed on the Site implies the Customer's full, complete, and unreserved acceptance of these GTC. The Customer acknowledges having read the GTC prior to confirming their order, and declares accepting their terms by checking the box provided for this purpose during the checkout process.
These GTC can be consulted at any time on the Site. They are also provided to the Customer by email upon confirmation of their order, in a format that allows them to be stored and reproduced.
Sales concluded between the Seller and business customers (resellers, distributors, purchasing groups, public entities) are governed by separate B2B Terms and Conditions of Sale, provided upon request.
ARTICLE 1 — PURPOSE AND SCOPE
The purpose of these T&Cs is to define the rights and obligations of the parties within the framework of the distance and electronic sale of products offered by the Seller on the Site.
They apply to all orders placed by a Consumer on the Site, to the exclusion of all other conditions.
The Seller reserves the right to modify these T&Cs at any time. The T&Cs applicable to an order are those in force on the date that order is validated by the Customer.
ARTICLE 2 — IDENTITY OF THE SELLER
Company name: PEN'UP 3D
Legal form: Simplified Joint-Stock Company (SAS)
Share capital: €10,000
Registered office: 20 Place Prax Paris, 82000 Montauban, France
RCS Number: 978 651 891 R.C.S. Montauban
Registration number: 2023B00634
SIRET number: 978 651 891 00019
EUID Number: FR8201.978651891
EU VAT Number: FR37978651891
President: P'TIT BUNCH SARL (RCS Montauban 943 729 038), represented by Mr. Dimitri DESSEAUX
Contact details:
📧 contact@penup3d.com (customer service: orders, deliveries, returns, after-sales service)
📞 +33 6 71 84 90 03
Contact for administrative, legal, and personal data inquiries:
Matthis-Anaël PREVEDELLO, Chief Operating Officer
📧 matthis-anael@penup3d.com
📞 +33 6 95 50 37 68
Site Publication Director: the legal representative of PEN'UP 3D.
Site Hosting Provider:
Shopify International Limited
Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland
ARTICLE 3 — PRODUCTS
3.1 Essential characteristics
The essential characteristics of the products (description, composition, dimensions, features, pack contents, etc.) are described on each product page presented on the Site, in accordance with Article L.111-1 of the French Consumer Code.
Photographs, illustrations, and videos presented on the Site are for informational purposes. Slight variations in color, texture, or finish may exist between the visual representation and the delivered product, without such variations constituting a lack of conformity provided they do not affect either the essential characteristics or the intended use of the product.
3.2 Obvious error
In the event of an obvious error affecting the description, price, or availability of a product on the Site, the Seller will inform the Customer as soon as possible and offer them the choice of either confirming their order under the corrected terms or canceling it with a full refund.
3.3 Availability
Product offers are valid as long as they are visible on the Site and while stocks last. In the event of product unavailability after the order has been placed, the Customer will be informed as soon as possible and may choose between:
- a full refund of amounts paid within fourteen (14) days,
- or the replacement of the product with an equivalent product in terms of price and quality.
3.4 Products containing batteries or a rechargeable battery
Certain products in the catalog include an electrical power source:
- some products operate using batteries (replaceable by the Customer);
- other products incorporate a rechargeable battery via USB cable.
Specific instructions regarding use, battery insertion, charging, storage, and safety are provided in the user manual included with the product, as well as in the product description available on the Site prior to purchase. The Customer is invited to read them carefully before use, particularly the instructions relating to batteries (risk of ingestion, keep out of reach of young children).
In accordance with French and European regulations relating to Waste Electrical and Electronic Equipment (WEEE) and used batteries and accumulators, the Customer is invited, at the end of the product's or batteries' life, to deposit them at an appropriate collection point (store participating in the ""1-for-1"" take-back program, battery collection bin, civic amenity site, WEEE collection point) to ensure their recycling. Do not dispose of the product, its batteries, or its rechargeable battery in household waste.
Batteries and rechargeable batteries constitute consumables within the meaning of Article 10.4 of these GTC; their natural wear and tear, related to usage, charging cycles, and time, is not covered by the commercial lifetime warranty.
3.5 Product compliance and safety
PEN'UP 3D products intended for children comply with applicable toy safety regulations, in particular Directive 2009/48/EC on the safety of toys and the harmonised standards of the EN 71 series. Products containing electrical components also comply with the EN IEC 62115 standard on electric toys safety. All products bear the CE marking certifying their compliance.
In accordance with Regulation (EU) 2023/988 on general product safety, the Seller ensures that only safe products are placed on the market and keeps the corresponding technical documentation available to market surveillance authorities. Safety information and warnings appear on the packaging and in the instructions provided with each product; the Customer is urged to follow them scrupulously, particularly regarding the minimum age of use and adult supervision.
Applicable information, precautions for use, and safety warnings appear, depending on the product concerned, on its packaging, its user manual, or its product sheet. The Customer is urged to comply with them, particularly regarding the minimum age of use and, when required, adult supervision.
3.6 Sorting and end-of-life of products
Toys fall under the Extended Producer Responsibility (EPR) scheme established by the French Anti-Waste for a Circular Economy (AGEC) Act. At the end of life, the Customer is encouraged not to dispose of their products with household waste, but to drop them off at an appropriate collection point (waste disposal facility, dedicated collection bin, participating store) to enable reuse, repair, or recycling.
3.7 Filament compatibility
The Pen'Up 3D pen is specifically designed to work with the low-temperature PCL filament marketed by the Seller under the brand Fil'Up. This filament has been selected and tested to ensure compatibility and the proper operation of the pen as well as safety of use by children (low-temperature melting).
The use of any filament other than Fil'Up (particularly high-melting-point filaments such as PLA or ABS, or PCL filament of another origin not tested by the Seller) is strongly discouraged. Due to their diameter, composition, or technical specifications, these filaments may clog the feed channel, damage the drive mechanism, deteriorate the nozzle, or even compromise the safe use of the product.
The consequences of using a non-compliant filament on the product's commercial warranty coverage are specified in Article 10.4 of these T&Cs.
ARTICLE 4 — PRICES
4.1 Price display
Product prices are indicated on the Site in euros, all taxes included (incl. VAT), including French VAT at the prevailing rate, excluding delivery costs.
Applicable delivery fees are indicated to the Customer prior to the final confirmation of their order, based on the selected delivery method and destination address.
4.2 Intra-European Union sales
For deliveries to another European Union Member State, prices are displayed inclusive of VAT in accordance with French VAT within the thresholds set by the One-Stop-Shop (OSS) scheme; beyond these thresholds, the VAT of the destination country applies automatically and the price inclusive of VAT is adjusted accordingly.
The total amount inclusive of VAT actually applicable to the order, including taxes due and any delivery fees, is indicated to the Customer prior to final order confirmation.
4.3 Sales outside the European Union
For deliveries to countries outside the European Union, prices are displayed excluding local taxes. Potential customs duties, import taxes, customs clearance fees, or other local levies may be payable upon arrival of the parcel.
Unless stated otherwise and brought to the Customer's attention prior to order confirmation, any such customs duties, taxes, and fees are not included in the price billed by the Seller and remain the responsibility of the Customer. Their amount and collection methods are determined by the competent authorities and bodies of the destination country.
4.4 Price modifications
The Seller reserves the right to change prices at any time. The price applicable to an order is the one in effect at the time the order is confirmed by the Customer.
4.5 Promo Codes
The Seller may, from time to time, provide its Customers with promotional codes offering a discount on all or part of their order.
Unless explicitly stated otherwise when the code is distributed:
- promo codes cannot be combined with each other or with other current offers,
- they may be used only once per Customer, unless specified otherwise,
- they may include an expiry date after which they can no longer be used,
- they may be subject to specific conditions (minimum purchase amount, exclusion of certain references or categories, limited duration, etc.) specified at the time of their distribution.
The Seller may suspend or deactivate a promo code without notice in the event of an obvious error, technical malfunction, fraud, or misuse. This measure shall have no impact on orders already validly concluded using the code in question.
ARTICLE 5 — ORDERING
5.1 Ordering process
In accordance with Article 1127-1 of the French Civil Code, the order is concluded through the following steps:
- The Customer selects the products they wish to purchase and adds them to their shopping cart.
- The Customer checks the contents of their cart (product references, quantities, prices) and can modify it freely before confirming.
- The Customer fills in their delivery and billing details, selects their delivery method, and accepts these T&Cs by checking the dedicated box.
- The Customer proceeds to payment.
- The order is definitively formed upon receipt of payment and is confirmed by sending a summary email to the Customer ("double click").
5.2 Order confirmation
The confirmation email includes at least:
- the summary of the ordered products,
- the total price including all taxes, with the breakdown of shipping costs and taxes,
- the chosen delivery address and delivery method,
- the estimated dispatch time,
- a reminder of Consumer rights (withdrawal, warranties),
- a link to these current T&Cs,
- the standard withdrawal form.
5.3 Order refusal
The Seller reserves the right to refuse or cancel any order from a Customer with whom a prior dispute has not been resolved, or in the event of reasonable suspicion of fraud.
ARTICLE 6 — PAYMENT
6.1 Payment methods
Payment of the total price (products + shipping costs + applicable taxes) is due at the time of the order. Accepted payment methods are:
- credit/debit card (Visa, Mastercard, American Express),
- PayPal,
- Alma (interest-free installment payments, subject to eligibility),
- as well as any other secure payment method offered on the Site during checkout.
6.2 Payment security
Credit card transactions are secured by the payment service providers used by the Site (notably Shopify Payments, Stripe, PayPal). The Seller at no time has access to the Customer's full banking details.
6.3 Payment Refusal
In the event of a payment authorization refusal by the banking institution or payment service provider, the order is automatically canceled and the Customer is informed.
6.4 Invoicing
An invoice is sent electronically to the Customer at the email address provided during the order.
ARTICLE 7 — DELIVERY
7.1 Delivery time
Unless stated otherwise on the product sheet or on the order page, products are dispatched within seventy-two (72) business hours of order confirmation, excluding weekends and public holidays. The actual delivery time then depends on the chosen delivery method and carrier.
In any event, and in accordance with Article L.216-1 of the French Consumer Code, the Seller undertakes to deliver the product within a maximum period of thirty (30) days from the conclusion of the contract, unless agreed otherwise by the parties.
7.2 Delivery areas
Deliveries are provided:
- in Metropolitan France and Corsica,
- in other Member States of the European Union,
- internationally (including Switzerland, the United Kingdom, Canada, the United States, and other partner countries listed at the time of ordering).
7.3 International fees and formalities
For deliveries outside the European Union, any customs duties, local taxes, and clearance fees are the exclusive responsibility of the Customer. The Seller cannot be held responsible for delays related to customs inspections or administrative formalities of the destination country.
7.4 Transfer of ownership and risks
The transfer of ownership of the products occurs upon full receipt of payment by the Seller.
In accordance with Article L.216-4 of the French Consumer Code, the transfer of risk of loss or damage occurs at the moment when the Customer, or a third party designated by them (other than the carrier proposed by the Seller), takes physical possession of the goods.
7.5 Late delivery
In the event of the Seller's failure to fulfill its delivery obligation on the agreed date or, failing that, within thirty (30) days following the conclusion of the contract, the Customer may, in accordance with Article L.216-6 of the French Consumer Code, instruct the Seller to make the delivery within a reasonable additional period.
Failing delivery within this additional period, the Customer may terminate the contract by registered letter with acknowledgment of receipt or in writing on another durable medium, without prejudice to the award of damages.
The Seller will then fully refund the sums paid at the latest within fourteen (14) days following the cancellation of the contract.
The contract may be terminated immediately when the Seller refuses to deliver the goods or when the delivery date was, for the Customer, an essential condition of the contract.
7.6 Loss or Damage
In accordance with Article L.221-15 of the French Consumer Code, the Seller is automatically liable for the proper delivery of the goods to the Customer, up to the actual handover of the parcel. In the event of parcel loss or damage noted upon receipt, the Customer is invited to contact customer service at contact@penup3d.com so that the Seller can replace the product or issue a refund.
ARTICLE 8 — RIGHT OF WITHDRAWAL
8.1 Principle and time limit
In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the product (or the last product in the case of multiple items in an order) to exercise their right of withdrawal, without having to give reasons for their decision or incur any costs other than those provided for in Articles L.221-23 to L.221-25.
8.2 Exercising the right of withdrawal
To exercise their right of withdrawal, the Customer must notify the Seller of their decision to withdraw by means of an unambiguous statement, for example:
- by using the standard withdrawal form appended to these T&Cs (Appendix 1) and also available for download on the Site,
- or by any other clear statement (email, postal mail) expressing their wish to withdraw.
The notice should be sent to:
PEN'UP 3D
20 Place Prax Paris, 82000 Montauban, France
📧 contact@penup3d.com
The Customer bears the burden of proof regarding the exercise of their right of withdrawal. For the withdrawal period to be observed, it is sufficient for the communication concerning the exercise of the right of withdrawal to be sent before the 14-day period expires.
8.3 Product Returns
The Customer must return the products to the Seller without undue delay and at the latest within fourteen (14) days following communication of their decision to withdraw, to the address of our logistics provider:
PEN'UP 3D — Returns Department
c/o REGIS MARTELET
22 rue de la Brot, 21000 Dijon, France
In accordance with Article L.221-23 of the French Consumer Code, the Customer is only liable for any depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the goods. Thus, the Customer may open the packaging and test the product, to the extent that would have been possible in a store.
8.4 Return and reshipment fees
As a commercial gesture, the Seller covers the return shipping costs of products when exercising the right of withdrawal for Customers located in metropolitan France as well as in neighboring countries (Belgium, Luxembourg, Germany, Switzerland, Italy, Spain, Monaco, and Andorra). A prepaid label is provided to the Customer to facilitate the return. For other destinations, coverage of return shipping costs is evaluated on a case-by-case basis; otherwise, these costs may remain at the Customer's expense in accordance with Article L.221-23 of the French Consumer Code.
The Seller also covers the reshipment costs of an order returned due to failure by the Customer to collect it (for example, parcel not collected from a pick-up point), in order to allow a new delivery attempt.
These coverage policies constitute a commercial policy of the Seller, which may be modified for future orders; the T&Cs in force on the date of order validation shall prevail.
8.5 Reimbursement
The Seller shall refund the Customer the full amount paid, including standard delivery charges initially billed (excluding additional costs resulting from the Customer's choice of a delivery method more expensive than the standard method offered), no later than fourteen (14) days from the date on which the Seller is informed of the Customer's decision to withdraw.
The Seller may defer the refund until the products have actually been recovered or until the Customer has provided proof of shipment, the date retained being that of the first of these facts.
The refund is made using the same payment method as the one used for the initial transaction, unless expressly agreed otherwise by the Customer for another method.
8.6 Exceptions to the right of withdrawal
In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts relating in particular to:
- the supply of goods made to the Consumer's specifications or clearly personalised,
- the supply of goods which, after delivery and by their nature, are inseparably mixed with other items,
- the supply of audio or video recordings or computer software when they have been unsealed by the Consumer after delivery,
- the supply of goods liable to deteriorate or expire rapidly.
To date, all products offered on the Site are eligible for the right of withdrawal under the aforementioned conditions.
ARTICLE 9 — LEGAL WARRANTIES
Independently of any commercial warranty granted by the Seller, the latter remains bound by the following legal warranties:
9.1 Legal warranty of conformity (Articles L.217-3 et seq. of the French Consumer Code)
The Customer benefits from a legal warranty of conformity of two (2) years from the delivery of the goods.
During this period, the Customer may demand that the good be brought into conformity (repair or replacement, at their choice) free of charge. If it is not brought into conformity within one month, or under other conditions exhaustively provided for by law, the Customer may obtain a price reduction or cancellation of the contract with a refund of the price.
Any lack of conformity that appears within a period of twenty-four (24) months from delivery of the goods is presumed to exist at the time of delivery, unless proven otherwise.
The legal warranty of conformity applies independently of any commercial warranty that may have been granted.
The Customer may decide to invoke the warranty against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code. In this case, they may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
The aforementioned provisions are reproduced in Appendix 2 of these T&Cs.
9.2 Warranty against hidden defects (Articles 1641 et seq. of the French Civil Code)
The Customer may also enforce the warranty against hidden defects of the item sold, under the conditions of Articles 1641 to 1649 of the French Civil Code. The action resulting from latent defects must be brought by the Customer within a period of two (2) years from the discovery of the defect.
9.3 Implementation of legal warranties
To enforce either of the legal warranties, the Customer is invited to contact customer service at contact@penup3d.com describing the defect found and attaching proof of purchase. The costs of returning the defective product are covered by the Seller.
ARTICLE 10 — LIFETIME COMMERCIAL WARRANTY FOR THE PEN'UP 3D PEN
10.1 Nature of the warranty
The Seller grants the original purchaser of the Pen'Up 3D pen a so-called "Lifetime" commercial warranty, in accordance with Articles L.217-21 and L.217-22 of the French Consumer Code.
This commercial warranty is in addition to the legal warranties mentioned in Article 9 of these T&Cs and does not replace them.
It is:
-
included free of charge in the Complete Pack;
-
or offered separately at the price of €19.99 incl. VAT when purchasing another pack that includes the Pen'Up 3D pen.
The guarantor is:
PEN'UP 3D — SAS with a capital of €10,000
20 Place Prax Paris, 82000 Montauban, France
Tel: +33 6 71 84 90 03
Email: contact@penup3d.com
10.2 Definition of the "Lifetime Warranty"
The ""Lifetime"" commercial warranty is granted without any predefined time limitation.
It can be exercised as long as the request originates from the original purchaser of the product and the conditions of this warranty are met.
The warranty is therefore not limited to a ten-year duration nor to an estimate of the product's technical lifespan.
Discontinuation of the manufacturing or marketing of the pen version originally purchased does not terminate the warranty.
When a pen is replaced under this warranty, the replacement pen itself remains covered by the commercial lifetime warranty for the benefit of the same original purchaser, under the same terms and conditions.
10.3 Scope of the warranty
The commercial warranty covers breakdowns, manufacturing defects, and malfunctions affecting the Pen'Up 3D pen under normal use and in compliance with the user manual.
When a malfunction covered by the warranty is identified and the request is validated by the After-Sales Service, PEN'UP 3D will systematically replace the defective pen at no cost to the Customer.
The replacement is carried out:
-
with a new pen of the same version, when it is still available;
-
or, if this version is no longer manufactured or marketed, with the current equivalent or superior model from the Pen'Up 3D range, at no extra cost.
Implementing the commercial warranty incurs no replacement, shipping costs for the new pen, or return costs for the defective pen for the Customer, subject to the territorial conditions set out in this article.
10.4 Exclusions
The commercial warranty does not cover:
-
loss or theft of the product;
-
damage resulting from clearly abnormal use or use not in accordance with the manual, in particular damage resulting from immersion, overvoltage, disassembly, unauthorized modification, or use manifestly incompatible with the normal intended purpose of the product;
-
damage established to have resulted from the use of filament incompatible with the pen's technical specifications, in particular high melting temperature filament such as PLA or ABS or filament likely, due to its diameter, composition, or characteristics, to damage the feed mechanism or nozzle;
-
normal cosmetic wear of the product, including scratches, scuffs, or marks of use not affecting its operation;
-
accessories and consumables that do not constitute the pen itself, including filaments, cables, finger protectors, and other accessories whose lifespan is naturally limited;
-
damage resulting from force majeure or the act of a third party.
These exclusions apply exclusively to this commercial warranty and cannot have the effect of reducing the rights enjoyed by the Consumer under legal warranties.
10.5 Beneficiary and non-transferable nature
The lifetime commercial warranty is strictly reserved for the original purchaser of the product.
It is personal and non-transferable to a third party in the event of resale or transfer of the product.
The fact that the pen is used by a child, a family member, or any person other than the original purchaser does not affect the warranty, provided that the warranty claim is submitted by the original purchaser.
For a purchase made directly from PEN'UP 3D, notably on the Site, status as the original purchaser may be established through the order information recorded in the Seller's systems, specifically in its Shopify database. When the order can be retrieved and matched to the Customer, the Customer is not required to provide their invoice again, unless there is a specific identification issue.
For a purchase made from a store or reseller, the applicant must:
-
provide a receipt, invoice, or any other dated proof of purchase identifying the product and the point of sale;
-
and declare that they are the original purchaser of the product.
In the event of obvious discrepancy or reasonable suspicion of fraud, PEN'UP 3D may request any additional information reasonably necessary to verify the claimant's eligibility for the warranty.
10.6 After-sales service support procedure
To make use of the lifetime commercial warranty, the Customer is invited to fill out the PEN'UP 3D After-Sales Form made available by the Seller.
The form allows the Customer in particular to submit:
-
their identity and contact details;
-
the address to which the replacement pen must be shipped;
-
information allowing their order to be identified or, for an in-store purchase, their proof of purchase;
-
a description of the malfunction encountered;
-
a short video illustrating the pen's malfunction.
Whenever possible, the video must exclusively show the product and the issue encountered. The Customer is requested not to film the child using the product or any other identifiable person.
When recording a video is technically impossible or the nature of the malfunction cannot reasonably be demonstrated in this way, the After-Sales Service may accept or request any other evidence to establish the problem encountered.
After reviewing the submitted information and validating coverage by Customer Support, PEN'UP 3D dispatches the replacement pen without waiting for prior receipt of the defective pen.
10.7 Return of the defective pen
The replacement pen is shipped with a prepaid return label as well as the necessary instructions for returning the defective pen.
The Customer undertakes to return the replaced pen to PEN'UP 3D using this label within thirty (30) days of receiving the replacement product.
No return shipping fees are charged to the Customer when using the label provided by PEN'UP 3D.
If the defective pen is not returned despite a request for regularisation by Customer Support, PEN'UP 3D may suspend the processing of any new request made under this commercial warranty concerning the same purchase, until the previously replaced product is returned.
This provision does not affect the exercise of statutory warranties available to the Consumer.
The applicable return address is the one shown on the prepaid label provided by the After-Sales Service.
10.8 Replacement of an Older Generation
The discontinuation, end of production, or cessation of marketing of the pen version originally purchased does not terminate the commercial lifetime warranty.
When the model concerned is no longer available, PEN'UP 3D will replace the defective product free of charge with the current generation Pen'Up 3D model featuring equivalent or superior functionalities.
No additional charge may be claimed from the Customer on the grounds that the replacement product belongs to a newer generation, has additional features, or is sold at a higher price than the original product.
The new-generation replacement product remains covered by the lifetime commercial warranty for the benefit of the initial purchaser.
10.9 Interaction with legal warranties
This commercial warranty constitutes an additional commitment by PEN'UP 3D.
It applies without prejudice to the Consumer's right to benefit from:
-
the legal warranty of conformity provided for in Articles L.217-3 et seq. of the French Consumer Code;
-
the warranty against hidden defects provided for in Articles 1641 to 1649 of the French Civil Code.
The specific terms provided in this article to benefit from the lifetime commercial warranty cannot be invoked to deprive a Consumer of the rights directly granted to them by law.
10.10 Territorial scope
The commercial warranty applies to Pen'Up 3D products purchased directly from PEN'UP 3D or from an authorized reseller, in France as well as in countries where Pen'Up 3D products are marketed.
Logistical handling of replacement and return is provided within the territories served by PEN'UP 3D in accordance with the delivery terms applicable at the time of the request.
When regulatory, customs, or logistical restrictions physically prevent direct shipment of a replacement product to a given territory, the After-Sales Service will contact the Customer to determine a solution that allows the warranty to be honored.
10.11 Returned products and reconditioning
PEN'UP 3D does not currently sell spare parts intended to allow the Consumer to repair the pen themselves.
Defective pens collected under this warranty may be examined, repaired, or refurbished by PEN'UP 3D or its partners in order to identify the origin of the malfunctions, improve product quality, and, where their condition allows, encourage reuse or recycling.
This process is independent of the replacement sent to the Customer, which takes place in accordance with the provisions of this article.
ARTICLE 11 — AFTER-SALES SERVICE
11.1 Contact channels
The After-Sales Service can be reached:
- by email: contact@penup3d.com
- by phone: +33 6 71 84 90 03
- by postal mail: PEN'UP 3D, 20 Place Prax Paris, 82000 Montauban, France
- via private messages on our official Instagram and Facebook pages.
All requests sent by email or via our official Instagram and Facebook pages are centralized in our after-sales management tool to ensure unified tracking, regardless of the channel used by the Customer.
The address for physical product returns under after-sales service is provided by Customer Service after contact is made, and is shown on any prepaid label provided to the Customer.
11.2 Processing times
The Seller agrees to:
- acknowledge receipt of any request within forty-eight (48) business hours following its submission by the Customer,
- provide a detailed response offering a solution within a maximum period of thirty (30) business days from receipt of the request.
11.3 Proper receipt of messages
Some response emails sent by Customer Support may occasionally be filtered into spam/junk folders, blocked by anti-spam filters, or not delivered by Customers' mail servers, beyond the Seller's control.
If the Customer has not received an acknowledgment of receipt within forty-eight (48) business hours following the submission of their initial request, they are invited to:
- check their junk mail or ""spam"" folder,
- add the address contact@penup3d.com to their trusted contacts,
- contact the Seller again via an alternative channel (telephone, Instagram, Facebook).
11.4 Reporting a security incident
If a Customer notices that a product presents a safety or health risk (injury, dangerous malfunction, defect affecting a child, etc.), they are urged to immediately stop using the product and notify the Seller without delay at contact@penup3d.com (subject: "Product Safety Incident"), describing the observed incident precisely.
Upon receipt of the report, the Seller assesses the severity of the incident and triggers, accordingly, either its after-sales service procedure (replacement, refund) or its product recall procedure. In accordance with Regulation (EU) 2023/988 on general product safety, the Seller is registered with the Safety Gate and RappelConso systems and makes, where appropriate, the mandatory notifications to market surveillance authorities (DGCCRF).
ARTICLE 12 — LIABILITY AND FORCE MAJEURE
12.1 Seller's liability
In accordance with Article L.221-15 of the French Consumer Code, the Seller is automatically liable to the Customer for the proper performance of the obligations arising from the remotely concluded contract.
The Seller may, however, be exempt from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party to the provision of the services provided for in the contract, or to an event of force majeure.
12.2 Force majeure
In accordance with Article 1218 of the French Civil Code, an event of force majeure is defined as any event beyond the Seller's control, which could not reasonably have been foreseen at the time the contract was concluded and whose effects cannot be avoided by appropriate measures, preventing the Seller from performing its obligation.
The following are notably considered cases of force majeure: natural disasters, epidemics and pandemics, wars and armed conflicts, acts of terrorism, general or sector-wide strikes affecting transport or logistics, customs blockades, telecommunications operator failures, and any administrative measure restricting the movement of goods.
In the event of force majeure, the performance of the Seller's obligations is suspended for the duration of the event. If the impediment lasts for more than sixty (60) days, either party may terminate the contract by operation of law, without any compensation being due from either party.
ARTICLE 13 — INTELLECTUAL PROPERTY
All elements appearing on the Site (texts, images, photographs, videos, logos, trademarks, designs and models, source code, database) are protected by copyright, trademark law, and, more generally, by intellectual property law.
The PEN'UP 3D brand is a protected trademark. Any reproduction, representation, modification, adaptation, or exploitation, in whole or in part, of the elements of the Site, by any process whatsoever, without the prior written authorization of the Seller, is strictly prohibited and constitutes an infringement punishable under Articles L.335-2 et seq. of the French Intellectual Property Code.
The purchase of a product does not transfer any intellectual property rights to the Customer. The Customer agrees not to reproduce, copy, disassemble, modify, or commercially exploit the acquired products, outside of strictly personal use.
ARTICLE 14 — PERSONAL DATA
The Seller, as data controller, collects and processes personal data concerning the Customer for the purposes of order management, delivery, customer service, and, subject to the Customer's consent, commercial prospecting.
As part of the After-Sales Service and the implementation of the lifetime commercial warranty, the Seller may notably process the Customer's contact details, information relating to their purchase, details describing the malfunction, as well as photographs or videos submitted to enable diagnosis. These elements are used exclusively for the purposes of processing the after-sales request, fraud prevention, quality analysis, and, where applicable, product safety. The Customer is requested not to include any identifiable individuals in the submitted photographs or videos when this is not necessary for processing their request. The corresponding terms and retention periods are specified in the Privacy Policy.
In accordance with the General Data Protection Regulation (GDPR — Regulation EU 2016/679) and the amended French Data Protection Act No. 78-17 of January 6, 1978, the Customer has the following rights: right of access, right to rectification, right to erasure, right to restriction of processing, right to data portability, right to object, and the right to define directives regarding the disposition of their data after their death.
These rights may be exercised at any time with our data protection contact:
Matthis-Anaël PREVEDELLO, Chief Operating Officer
📧 matthis-anael@penup3d.com (subject: "GDPR Request")
📞 +33 6 95 50 37 68
📮 PEN'UP 3D — For the attention of M. PREVEDELLO, 20 Place Prax Paris, 82000 Montauban, France
The Customer also has the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL): 3 Place de Fontenoy, TSA 80715, 75334 Paris Cedex 07 — www.cnil.fr.
Details of the processing carried out (purposes, legal bases, retention periods, data recipients, potential transfers outside the European Union, security measures) are specified in the Privacy Policy accessible on the Site, which supplements these T&Cs.
The Customer may also register for free on the do-not-call list Bloctel: www.bloctel.gouv.fr.
ARTICLE 15 — COOKIES
The Site uses cookies and other trackers to ensure its proper functioning, measure its audience, and, subject to Customer consent, for advertising or personalisation purposes.
The Customer may, at any time, configure their cookie preferences from the cookie management banner on the Site, or via their browser settings.
Details of the cookies used (purposes, retention period, issuers) are specified in the Privacy Policy accessible on the Site, which includes information relating to cookies.
ARTICLE 16 — CUSTOMER REVIEWS
16.1 Verification of reviews
In accordance with Article L.111-7-2 of the French Consumer Code and the provisions of Directive (EU) 2019/2161 known as the "Omnibus" Directive, the Seller informs the Customer that reviews published on the Site are collected and verified using the Judge.me Reviews solution.
This solution ensures that the author of the review is indeed a Customer who has actually placed an order on the Site. Displayed reviews bear the mention "Verified" when this verification has been carried out.
16.2 Moderation
Reviews are moderated prior to publication to ensure compliance with our policy (no insults, discriminatory remarks, off-topic content, or content contrary to the law). In the event of a negative review, the Seller may contact the Customer prior to publication in order to understand the complaint and, where appropriate, offer a solution. However, no review will be deleted or modified solely because it is unfavorable to the Seller.
16.3 Reviews with incentives
When a review has been posted by a Customer who received compensation or an incentive (for example, a 10% promotional discount via code AVIS10), this information is clearly and individually indicated on the review concerned, in accordance with the requirements of Article L.121-4 of the French Consumer Code.
16.4 Photos
Reviews may include photos. Reviews that include a photo may be highlighted editorially.
16.5 Retention and Removal of Reviews
The procedures for storing and deleting reviews are specified in the Site's Privacy Policy (section relating to customer review management).
ARTICLE 17 — MEDIATION AND ONLINE DISPUTE RESOLUTION
17.1 Prior claim
In the event of a dispute relating to the performance of these GTC, the Customer is invited to send, in the first instance, a written complaint:
- for commercial and customer service questions (order, delivery, return, warranty): to contact@penup3d.com or by post to the registered office;
- for legal, contractual, or personal data matters: to Matthis-Anaël PREVEDELLO, Chief Operating Officer, matthis-anael@penup3d.com or by post to the registered office.
17.2 Consumer mediation
In the absence of a satisfactory response within one (1) month, or in the event of persistent disagreement, the Consumer Customer may, in accordance with Article L.612-1 of the French Consumer Code, have recourse to a consumer mediator free of charge.
The competent mediator appointed by the Seller is:
Société Médiation Professionnelle (SMP)
Alteritae, 5 rue Salvaing, 12000 Rodez
🌐 www.mediateur-consommation-smp.fr
17.3 European Information on Dispute Resolution
The European Online Dispute Resolution (ODR) platform, formerly provided by the European Commission, ceased operations on July 20, 2025.
Consumers wishing to obtain information on amicable or out-of-court dispute resolution options within the European Union may consult the European Commission's official "Consumer Redress in the EU" portal.
ARTICLE 18 — APPLICABLE LAW AND JURISDICTION
These T&Cs are governed by French law.
In the event of a dispute not resolved amicably or through mediation, the French courts shall have exclusive jurisdiction. In accordance with Article R.631-3 of the French Consumer Code, the Consumer may choose to bring proceedings before, in addition to one of the courts with territorial jurisdiction under the French Code of Civil Procedure, the court of the place where they resided at the time the contract was concluded or when the harmful event occurred.
ARTICLE 19 — ARCHIVING
In accordance with Article L.213-1 of the French Consumer Code, contracts concluded electronically for an amount greater than or equal to 120 euros are archived by the Seller for a period of ten (10) years from the conclusion of the contract when delivery of the goods is immediate, or from delivery of the goods.
The Customer may access this archived contract at any time by sending a request by email to contact@penup3d.com.
ARTICLE 20 — AMENDMENT OF THE T&CS
The Seller reserves the right to modify these T&Cs at any time in order to take into account developments in its offer, applicable regulations, or its commercial policy.
Modifications take effect as soon as they are published on the Site. The version applicable to an order is the one in force on the date the Customer validates that order.
The Seller agrees to keep and make available to the Customer, upon simple request, prior versions of the T&Cs that governed past orders.
ARTICLE 21 — GENERAL PROVISIONS
21.1 Entire agreement
These T&Cs, the order summary, and the order confirmation constitute the entire agreement between the Seller and the Customer regarding the subject of the order.
21.2 Severability
If any provision of these T&Cs is declared invalid, illegal, or unenforceable by a competent court, the remaining provisions will retain their full force and effect.
21.3 Non-Waiver
The failure of the Seller to enforce any of the provisions of these T&Cs at any given time shall not be construed as a waiver of the right to enforce them at a later date.
APPENDIX 1 — STANDARD WITHDRAWAL FORM
(Complete and return only if you wish to withdraw from the contract — Article L.221-21 of the French Consumer Code)
To the attention of:
PEN'UP 3D
20 Place Prax Paris
82000 Montauban, France
contact@penup3d.com
Note: the physical return address for products is set out in Article 8.3 of the GTC.
I / We (*) hereby notify you (*) of my / our (*) withdrawal from the contract relating to the sale of the goods (*) below:
- Product Reference(s): ...........................................................
- Order number: ...........................................................
- Ordered on (*) / received on (*): ...........................................................
- Consumer's / Consumers' Name(s): ...........................................................
- Address of Consumer(s): ...........................................................
- Signature of Consumer(s) (only if this form is submitted on paper):
- Date: ...........................................................
(*) Delete as appropriate.
APPENDIX 2 — STATUTORY WARRANTY PROVISIONS
Article L.217-3 of the French Consumer Code
The seller delivers goods that conform to the contract and to the criteria set out in Article L. 217-5. The seller is liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appears within a period of two years from delivery.
Article L.217-4 of the French Consumer Code
The good conforms to the contract if it meets, where applicable, the following criteria:
1° It conforms to the description, type, quantity, and quality, particularly regarding functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is fit for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of the conclusion of the contract, and accepted by the latter;
3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
4° It is updated in accordance with the contract.
Article L.217-5 of the French Consumer Code
In addition to meeting the contract conformity criteria, the good conforms if it meets the following criteria:
1° It is fit for the purpose usually expected of goods of the same type;
2° It possesses the qualities presented by the seller or producer, particularly in advertising, labeling, or markings;
3° It is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
4° It is supplied with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19.
Article L.217-7 of the French Consumer Code
Any lack of conformity that appears within twenty-four months of delivery of the goods, including goods with digital elements, is, unless proven otherwise, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the alleged defect.
Article L.217-9 of the French Consumer Code
In the event of a lack of conformity, the consumer is entitled to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in price or termination of the contract, under the conditions set out in this section.
The consumer is also entitled, where applicable, to damages.
Article 1641 of the French Civil Code
The seller is bound by the warranty against hidden defects of the thing sold which render it unfit for the use for which it was intended, or which impair this use to such an extent that the buyer would not have acquired it, or would have paid a lower price for it, had they known about them.
Article 1648 paragraph 1 of the French Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect.
Last updated: June 16, 2026
Document drafted in French. In the event of translation into another language, only the French version shall prevail.






