Terms of service

GENERAL TERMS OF USE

Table of Contents

of the website www.penup3d.com

Version applicable as of June 16, 2026

PREAMBLE

These General Terms of Use (hereinafter the "Terms of Use") are intended to govern access to and use of the website www.penup3d.com (hereinafter the "Site"), published by the company PEN'UP 3D.

The Terms of Use are distinct from the General Terms and Conditions of Sale (GTC), which govern the sales concluded on the Site.

By accessing and using the Site, you acknowledge that you have read these Terms of Use and accept them without reservation. If you do not accept the Terms of Use, you are invited not to use the Site.

These Terms of Use refer to, without replacing, the following documents accessible from the Site's footer:

  • the General Terms and Conditions of Sale (governing the purchase of products)
  • the Privacy Policy, which also incorporates the cookies policy (trackers and consent) and the customer review management policy (reviews and user-generated content)
  • the Legal Notices (publisher and host identity)

ARTICLE 1 — PURPOSE AND SCOPE

These Terms of Use define the conditions of access to the Site and the rules governing the use of its features and services, including in particular:

  • browsing product pages and editorial content,
  • the creation and management of a user account,
  • placing orders (governed by the GTC),
  • the publication of user-generated content (reviews, comments, photographs),
  • exchanges with customer service.

They apply to all users, whether visitors, customers or account holders.

ARTICLE 2 — PUBLISHER IDENTITY

The Site is published by PEN'UP 3D, a simplified joint-stock company (SAS) with share capital of €10,000, registered with the Montauban Trade and Companies Register under number 978 651 891, with its registered office at 20 Place Prax Paris, 82000 Montauban, France.

All information relating to the publisher, the host, the editor-in-chief, and the personal data officer is set out in the Legal Notices accessible from the Site's footer.

ARTICLE 3 — TARGET AUDIENCE AND MINORS

The Site is intended for adult consumers or minors aged at least 15 years old with parental consent, under the conditions set out in Article 8 of the GDPR and Article 7-1 of the French Data Protection Act.

Although PEN'UP 3D products are designed for use by children from the age of 6, placing orders and creating an account on the Site are reserved for adults or authorized minors. Child users of the products do not hold any customer account and do not provide any personal data to the Site.

ARTICLE 4 — USER ACCOUNT

4.1 Account Creation

Creating a user account may be required to access certain services (order tracking, review management, saving favorites, etc.). It is free and optional for simply browsing the Site.

When creating their account, the user undertakes to provide accurate, complete and up-to-date information. They are responsible for the accuracy of the information they provide and undertake to update it in the event of any change.

4.2 Confidentiality of Credentials

The user is solely responsible for keeping their credentials (email address and password) confidential. Any action carried out from their account is presumed to have been performed by them.

In the event of loss, theft, or unauthorized use of their credentials, the user must notify PEN'UP 3D as soon as possible at contact@penup3d.com.

4.3 Account Deletion

The user may delete their account at any time from their personal space or by submitting a request to contact@penup3d.com. Deletion results in the cessation of all associated data processing, under the conditions set out in the Privacy Policy.

ARTICLE 5 — PRODUCTS, PRICES, AVAILABILITY

The essential characteristics of the products are described on their dedicated product page. Illustrations and photographs are provided for illustrative purposes only; slight variations in color, texture or finish may exist without constituting a lack of conformity.

Prices are listed in euros including VAT, excluding shipping costs. The specific terms (ordering, payment, delivery, returns, warranties) are governed by the General Terms and Conditions of Sale, which take precedence over these Terms of Use for any matter relating to sales.

If a product becomes unavailable after an order has been placed, the user will be notified as soon as possible and may obtain a refund or replacement with an equivalent product.

ARTICLE 6 — DELIVERY

The delivery terms (timescales, geographic areas, costs, partner carriers, transfer of risk) are defined in Article 7 of the GTC. For information purposes:

  • Standard dispatch time: 72 business hours from order confirmation, excluding weekends and public holidays;
  • Free delivery in mainland France for any order of €50 including VAT or more;
  • International deliveries available to many countries (EU and non-EU), with any applicable customs duties and local taxes remaining the responsibility of the customer.

The GTC shall prevail in the event of any conflict with these informational provisions.

ARTICLE 7 — USER-GENERATED CONTENT (UGC)

7.1 Definition

User-generated content (hereinafter "UGC" for User-Generated Content) refers to any content published by a user on the Site or its associated channels, including in particular:

  • reviews and comments on products,
  • photographs and videos of products, of creations made with the products, or of any other content voluntarily submitted to PEN'UP 3D,
  • any other textual, visual, or multimedia contribution.

7.2 User Responsibility

The user is solely responsible for the UGC they publish. They warrant that such content:

  • comply with applicable laws and regulations;
  • do not infringe the rights of third parties (copyright, neighboring rights, image rights, right to privacy, trademark rights, etc.);
  • do not contain any offensive, defamatory, discriminatory, racist, sexist, hateful, harassing, threatening, obscene or morally objectionable statements;
  • do not contain any personal data of third parties without authorization;
  • do not contain any virus, malware or code designed to interfere with the operation of the Site;
  • do not constitute advertising, spam or unsolicited commercial solicitation.

7.3 Persons Appearing in Photographs

When a user publishes a photograph or video featuring one or more identifiable persons, they warrant that they have obtained the prior and express consent of those persons (or, in the case of minors, of their legal representatives) to the publication and use of their image under the conditions defined in this Article 7.

PEN'UP 3D reserves the right to remove or hide, at any time and without notice, any UGC that does not comply with this requirement.

7.4 License Granted to PEN'UP 3D

By publishing UGC on the Site (or by submitting it to PEN'UP 3D by any other means, in particular by email, contact form, or on PEN'UP 3D's official social media accounts), the user grants PEN'UP 3D a usage license with the following characteristics:

  • Nature: non-exclusive, royalty-free, transferable and sub-licensable;
  • Territorial scope: worldwide;
  • Duration: the statutory duration of protection of copyright and neighboring rights;
  • Rights granted: right to reproduce, represent, adapt, translate, distribute and publish the content, in whole or in part;
  • Media: all media, whether currently known or unknown, including in particular:
  • the Site and its subdomains;
  • email communications (newsletters, transactional and promotional emails);
  • PEN'UP 3D's accounts and publications on social media (Instagram, Facebook, TikTok, YouTube, Pinterest, etc.);
  • printed and digital marketing and advertising materials (catalogues, leaflets, brochures, sales presentations, point-of-sale materials, advertising inserts);
  • presentations to commercial partners and distributors (resellers, purchasing groups, retailers);
  • any institutional or editorial material associated with the PEN'UP 3D brand.

This license is granted free of charge; the user acknowledges that no remuneration shall be due for the exploitation of UGC under the aforementioned conditions.

7.5 Ownership of UGC

Notwithstanding the license granted under Article 7.4, the user retains intellectual property rights over the UGC they publish. They remain free to use and exploit them in any other manner.

7.6 Author Credit

PEN'UP 3D endeavors, to the extent reasonably possible, to mention the first name or username of the author when exploiting UGC. However, the user may request that their content be used anonymously or, conversely, require that their full name or social media handle be mentioned.

7.7 Right of Withdrawal

The user may, at any time and without having to give reasons, request the removal of UGC of which they are the author by writing to: contact@penup3d.com (subject: "UGC Removal").

PEN'UP 3D will proceed with the removal of the content:

  • within a maximum of 30 days on the Site and the channels it directly controls (emails, official social media accounts);
  • to the extent reasonably possible on already printed or distributed materials (catalogues, brochures, partner presentations) that cannot be physically modified.

The removal of UGC does not give rise to any financial compensation.

7.8 Pre-moderation

PEN'UP 3D reserves the right, without being obliged to do so, to pre-moderate UGC before publication, in accordance with the terms set out in our Privacy Policy (section relating to customer review management). The rejection or modification of UGC shall not incur the liability of PEN'UP 3D.

ARTICLE 8 — CUSTOMER REVIEW MANAGEMENT POLICY

The collection, verification, moderation, publication and retention of customer reviews are detailed in the "Customer Review Management" section of our Privacy Policy, accessible from the Site's footer and compliant with Articles L.111-7-2 and D.111-10 of the French Consumer Code as well as Directive (EU) 2019/2161 known as the "Omnibus" Directive.

ARTICLE 9 — PROHIBITED CONDUCT

The user is strictly prohibited from:

  • using the Site for illegal or fraudulent purposes;
  • infringing the rights of third parties (intellectual property, privacy, image rights, trade secrets, etc.);
  • introducing or attempting to introduce viruses, Trojan horses, worms, malware or any other code designed to disrupt the operation of the Site;
  • carrying out automated mass data extraction (scraping, crawling) without prior authorization from PEN'UP 3D;
  • attempting to bypass security measures or access areas of the Site not intended for the public;
  • taking any action aimed at disrupting the availability of the Site (denial-of-service attacks, etc.);
  • collecting or processing personal data of other users without an appropriate legal basis;
  • impersonating a third party or PEN'UP 3D;
  • using the Site for purposes other than its intended purpose.

In the event of a serious and manifest breach, PEN'UP 3D reserves the right, without prejudice to any claim for damages, to:

  • removing the disputed content;
  • temporarily suspend or terminate the user's account;
  • initiating legal proceedings.

These measures are applied in compliance with the mandatory rights granted to consumers under the French Consumer Code.

ARTICLE 10 — SITE AVAILABILITY AND MAINTENANCE

PEN'UP 3D implements reasonable means to keep the Site accessible 24 hours a day, 7 days a week. However, the Site may be subject to interruptions for the following reasons:

  • scheduled or unscheduled maintenance;
  • updates, technical developments or bug fixes;
  • unforeseeable technical failure;
  • force majeure events (within the meaning of Article 1218 of the French Civil Code).

PEN'UP 3D shall not be held liable for such interruptions or for any consequences they may have for the user, without prejudice to consumers' mandatory rights.

ARTICLE 11 — PUBLISHER LIABILITY

11.1 Legal Obligations

PEN'UP 3D remains bound by all legal obligations applicable to consumer relationships, as defined in particular by the French Consumer Code (conformity, safety, withdrawal, statutory warranties) and by the General Terms and Conditions of Sale.

11.2 Limitations

Without prejudice to consumers' mandatory rights and except in cases of gross or intentional misconduct, PEN'UP 3D shall not be held liable for:

  • the user's non-compliant use of the Site;
  • content, services or products offered by third parties to which the Site links;
  • indirect, intangible or unforeseeable damages not reasonably attributable to a fault of PEN'UP 3D;
  • the consequences of a force majeure event as defined in Article 1218 of the French Civil Code.

11.3 Preservation of Consumer Rights

No provision of these Terms of Use may have the effect of excluding or limiting the mandatory rights granted to consumers under French law, and in particular:

  • the statutory warranty of conformity (Articles L.217-3 et seq. of the French Consumer Code);
  • the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code);
  • the right of withdrawal (Articles L.221-18 et seq. of the French Consumer Code).

ARTICLE 12 — PAYMENT SECURITY

Payments made on the Site are processed via certified payment service providers (Shopify Payments, Stripe, PayPal, Alma). Bank card data is encrypted and not stored by PEN'UP 3D.

The specific terms are described in Article 6 of the GTC and in the Privacy Policy.

ARTICLE 13 — INTELLECTUAL PROPERTY

All elements of the Site (text, images, videos, logos, trademarks, structure, code) are protected by intellectual property law and remain the exclusive property of PEN'UP 3D or its licensing partners.

Any reproduction, representation, modification, adaptation or exploitation, in whole or in part, without the prior written authorization of PEN'UP 3D, is strictly prohibited and constitutes an act of infringement punishable under Articles L.335-2 et seq. of the French Intellectual Property Code.

Details are set out in the Legal Notices.

User-generated content (UGC) remains the property of its authors, subject to the license granted under Article 7.4 hereof.

ARTICLE 14 — REPORTING OF ILLEGAL CONTENT

In accordance with Article 6-I.7 of the LCEN and Regulation (EU) 2022/2065 of 19 October 2022, known as the "Digital Services Act" (DSA), any user may report to PEN'UP 3D content that is manifestly illegal hosted on the Site (in particular in the customer reviews section).

To submit a report, write to contact@penup3d.com (subject: "Report of illegal content") specifying:

  • the exact URL of the content concerned,
  • the detailed reason for the report (including, where applicable, the legal basis),
  • your contact details (last name, first name, email address).

PEN'UP 3D undertakes to review any report within a reasonable timeframe and to take, where appropriate, the relevant measures (removal, de-listing, referral to the competent authorities).

ARTICLE 15 — AMENDMENT OF THE TERMS OF USE

PEN'UP 3D reserves the right to amend these Terms of Use at any time, in particular to take into account:

  • changes to applicable regulations;
  • changes to the Site's services and features;
  • changes to PEN'UP 3D's product and service offering.

The date of the last update appears at the top of the document. The amended Terms of Use are applicable from the moment they are posted on the Site and apply to all use subsequent to that date.

ARTICLE 16 — APPLICABLE LAW AND DISPUTE RESOLUTION

16.1 Applicable Law

These Terms of Use are governed by French law.

16.2 Mediation

In the event of a dispute arising from the use of the Site, the user shall first submit a written complaint to PEN'UP 3D at contact@penup3d.com. If no amicable resolution is reached within one (1) month, the consumer may refer the matter free of charge to the competent mediator:

Société Médiation Professionnelle (SMP)

Alteritae, 5 rue Salvaing, 12000 Rodez

🌐 www.mediateur-consommation-smp.fr

The consumer may also use the European Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/

16.3 Competent Courts

In the absence of an amicable resolution, French courts shall have sole jurisdiction. In accordance with Article R.631-3 of the French Consumer Code, the consumer may bring proceedings, at their choice, before any court with territorial jurisdiction under the Code of Civil Procedure or before the court of the place where they resided at the time the contract was concluded or the harmful event occurred.

Last updated: June 16, 2026

Document drafted in French. In the event of translation into another language, only the French version shall prevail.