ALGEMENE LEVERINGS- EN BETALINGSVOORWAARDEN VAN:
3631 AD Nieuwerlsuis
Telefoonnummer: +31(0) 646055328
BTW nr.: NL 853865231B01
The following are terms and conditions of a legal agreement between you and 3DFabriek its affiliates and partner (collectively, “3DFabriek”, “we”, “us” or “our”). These terms and conditions govern your use of the services we offer (“3DFabriek Services” or “Services”) and the use of 3dfabriek.nl (the “3DFabriek Website” or “Website”).
By using the 3DFabriek Website, you acknowledge to have read, understood and agree to be bound by these “Terms and Conditions” and to comply with all applicable laws and regulations. If you do not agree with these Terms and Conditions, you should not use the 3DFabriek Services and Website. 3DFabriek uses Printeo software for its automatic uploading system that will check and price models.
The 3DFabriek Services are made up of different services provided through the Website. One of our Services enables you to upload a 3D file to our Website, view it in 3D, have it tested for manufacturability and finally have it 3D printed (also ‘manufactured’) by us in house.
If you want to turn your 3D model into a real object, you can place an order with us to have it manufactured. We manufacture all parts in house from our selected material, PA2200, for which data can be found on our materials page on the website.
Unless stated differently during the checkout process, all costs will be billed and collected by 3DFabriek. If your model is not manufacturable or has features that may lead to unsatisfactory results of the manufacture process, we will contact you and advise the changes that need to be made. If changes are not possible, a refund can be given providing that manufacturing has not commenced. Our e-commerce website solution Printeo, checks your model for manufacturability and possibly repairs it automatically. Models that do not qualify for 3D print need to be inspected by an expert 3D designer, who might – but not necessarily will – be able to turn your model into one that can be manufactured. Most files require fixing, and in many cases they will be done FREE OF CHARGE by 3DFabriek, though some models require complete modification that may require additional services. Expert services are available through 3DFabriek, you will be able to purchase them, also in combination with the 3D prints of your model. By purchasing expert services you will reduce, but not completely remove, the risks related to the potential non- or limited-manufacturability of your model and the limits of the 3D printing technology, which might lead to unsatisfactory results of the 3D-print process.
It must be noticed that Printeo checks the manufacturability of your models and – if it is possible – automatically repairs them on a best-effort basis. A model that successfully passes Printeo’s check for manufacturability, either before or after having been automatically repaired, might still be non-manufacturable. We run routine checks on all models and will advise you, but we shall not be held responsible for any loss, damage or costs incurred if the model has features that are outside the guidelines stated on the Basic Rules For STL files page or on the Maximums and Minimums page on the 3DFabriek website.
You must be at least eighteen (18) years of age to use this Service. If you are under 18, you may use 3DFabriek only with involvement of a parent or guardian. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur there under. We will not be liable for any loss or damage from your failure to maintain the security of your account and password. We reserve the right to refuse service to or terminate service of anyone at any time without notice for any reason.
1) Placing an order To order a print of a model you designed or that you found on the Web, you start with uploading the model to our Printeo web app or through our manual upload. Then you can select the quantity of the model you order and the turnaround time you want the model to be made in as well as additional services. As the next step, we ask you to provide us with information we need for the delivery of the model. Please be informed that the language to be used during the whole ordering process is Dutch.
2) Unacceptable orders, cancellation of orders by us There may be technical or other reasons why we not accept or cancel your order during the entire ordering process, even after our acceptance of your order. (Such reasons can be for example but not limited to the unfeasibility of the model, the features of your model, the destination of the delivery you indicated in your order etc.) In case we cancel your order 3DFabriek will contact you via email.
Any functioning weapon or parts from weapons will not be printed. Any parts for weapons concealed or disguised as other parts in an attempt to bypass this rule will remain the responsibility of the person(s) who upload the files and they will be held liable for any legal actions as a result of the printing.
3) Prices The prices displayed are based on pricing scheme of the Turnaround time you choose and are valid only for the moment that they are displayed. 3DFabriek reserves the right to change its prices without prior notice. Such changes however will have no effect on orders completed before the posting of a new price. We do our best to prevent errors in the pricing. However, should an error occur, we are not bound by our offer and may cancel the order. We have a minimum order value of € 200,- excl VAT and shipment.
4) Payment and price Payment must be made in full prior to printing. Lead times for the printing process start on completion of payment and not from the time of the upload.
Payment should be made through the website portal, or through an invoice emailed out and should be paid by ideal, credit card or PayPal or back transfer.
5) Acceptance After sending your order, we will send you an order confirmation to the email address with which you signed-in or supplied with the upload. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If we cannot accept your order, we will contact you by email. You should verify the details in the confirmation email. If there are errors you should contact us as soon as possible by sending an email to our customer service.
6) Lead Times Lead times are only estimates and NOT IN ANY WAY guaranteed. Infrequent and unpredictable factors like machine failure, power cuts and acts of God may cause orders to be delayed by a number of days.
If Express orders take significantly longer than expected, a partial refund can will be given to equal the cost of an Economy order, but no full refunds are given.
There are no Lead time related refunds for Economy orders. If you are on a deadline, it is strongly advised that you choose the Express tariff.
7) Shipping Your order will be delivered to your shipping address. We are not liable for incorrect shipping addresses, and no refunds are given if incorrect shipping addresses are given.
All packages are sent out in a protected box and by recorded delivery. In the event that packages are returned to us we will resend them out, though this may incur additional charges.
You might incur in additional shipping charges. In case of doubt, get in touch with the manufacturing partner. In every case the delivery details are unclear, we invite you to contact us. We are not liable for any damage or cost caused by delay in shipping or delivery.
Change of shipping address is permitted, however your model will be placed at the back of the queue for printing and lead times will recommence from the date of the address change unless otherwise stated.
8) Cancellation of your order, return of models Due to the nature of our Services, you cannot cancel your order after it goes into production. Orders that contain non-refundable items are still cancellable, however note that refund or cancellation will not apply to items in the order that are non-refundable.
We are not responsible for your design should it not work or not fit the designed purpose unless what we provide is substantially dimensionally different to what has been supplied to us in STL / STEP format.
As 3DFabriek is independent from the design of the part, 3DFabriek offers NO warranty on any parts and does not insure against design in any way.
Though 3D printing is an excellent and cost effective way to manufacture low volume and one off items, however the quality and price are unlikely to match those of mass produced items. Misunderstanding of strength, surface finish and cost are not grounds for a fund in any case.
3DFabriek MAKES NO WARRANTY OTHER THAN THOSE MADE EXPRESSLY IN THIS TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY LAW, 3DFabriek HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Use of the 3DFabriek Website
Copyright and all other proprietary rights in the content of the Website (including but not limited to software, audio, video, text and photographs and excluding all User Generated Content) rests with 3DFabriek or its licensors. All rights in the content not expressly granted herein are reserved. Except as otherwise provided, the content published on this Website may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of 3DFabriek is strictly prohibited. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Our rights include rights to (i) the Service developed and provided by us; and (ii) all software associated with the Service. All copyright and other proprietary notices shall be retained on all reproductions.
This Website may provide links to other websites that are not under the control of 3DFabriek. 3DFabriek shall not be responsible in any way for the content of such other websites. 3DFabriek provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by 3DFabriek of the content of such websites.
Since the 3DFabriek Service is a web based service, it might be subject to temporary downtime. From time to time we also update our Website, which will result in the Website not being available for a certain period of time. We will endeavour to ensure that the Website operates reliably and consistently, but we do not warrant that the Website will operate uninterrupted without any faults. We are not responsible for any losses suffered by you as a result of any interruption of the Website, suspension of your access to the Website.
User Generated Content
The term “User Generated Content” when used in this Terms and Conditions shall mean any content uploaded to the Website by you, including but not limited to all uploaded 3D designs, pictures of your 3D objects, pictures of any model, comments on the Website, specifications provided in your order as well as the printed model we create for you based on your User Generated Content. All User Generated Content should not be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information or be likely to infringe or infringing on any intellectual property rights. Intellectual property rights means copyright, patent, registered design, design right, trademark, trade secret or any other proprietary or industrial right.
3DFabriek has no obligation to review the User Generated Content and can in no way be held responsible for the content of the User Generated Content.
ALL data created/supplied by you remains your own intellectual property, unless you grant us your permission to distribute and share images and information of your parts, this does not include distributing the 3D file(s) that you have supplied us with. By paying for your order you agree that if necessary we are able to outsource your 3D data to one of our carefully selected partners, who they themselves are covered under ours and their own non-disclosure agreements that they won’t be able to use any of your data without first seeking you permission.
Intellectual Property Rights of 3D Designs/Models/Prints
You, as a designer, retain ALL your intellectual property rights in your 3D design, including without limitation any and derivative works like 3D renders. Except for the rights and licenses specified below, 3DFabriek shall NOT use, modify, display or distribute your 3D design or derivatives thereof. By uploading your 3D design, you warrant that it is either your original creation and not copied from any third party and/or entity or that you own the intellectual property rights of the design. You warrant that your User Generated Content will not infringe the intellectual property rights of third parties. Should your User Generated Content nevertheless be found to be infringing and/or in violation of any law, you will defend 3DFabriek against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by 3DFabriek with respect to such claims.
We retain the right to review and refuse any order when it, in our own discretion, appears to infringe third party intellectual property rights.
We are happy to sign non-disclosure/confidentiality agreements where necessary.
Consent to Use of Personal Data
By using our Services you agree that 3DFabriek may collect and use personal data about you. Such information collected through this Website shall only be used for our own records and will never be sent, sold or distributed to any third parties without consent.
Limitation of Liability
These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the 3DFabriek Services. Save as set out below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Services except as expressly stated in these Terms and Conditions. Any warranty, condition or other term arising out of or in connection with the Services or the delivered models which might otherwise be implied into or incorporated into these Terms and Conditions by statute, common law, laws applicable in the country where you ordered the Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.
3DFabriek WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY OR OTHERWISE.OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE RECEIVED FROM YOU BY 3DFabriek FOR THE RELEVANT ORDER..
You agree to indemnify and hold 3DFabriek, its partners, affiliates, distributors, dealers, agents and its and their employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorney’s fees) arising from or relating to any claims that result from your breach of these Terms and Conditions.
Change of the Website, the Services and these Terms and Conditions
3DFabriek reserves the right to make changes to the Website, the Services and these Terms and Conditions at any time. Such amended Terms and Conditions shall be effective upon posting on this Website and will have no effect on sales that were completed before such posting. We will make reasonable efforts to post notices regarding any changes to these Terms and Conditions. Please check the Terms and Conditions published on this Website regularly to ensure that you are aware of all terms governing the Website and the Service.
These Terms and Conditions, together with the Privacy Statement and any other policies, guidelines, or FAQs posted by 3DFabriek represents the complete and exclusive agreement relating to the subject matter hereof which supersedes any proposal or prior agreement, oral or written and any other communications between you and 3DFabriek. No amendment of these Terms and Conditions shall be binding upon 3DFabriek unless in writing and signed by 3DFabriek. If any provision is held to be void or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any other provision of these Terms and Conditions.
Als je vragen hebt over deze Algemene Voorwaarden of de Diensten, dan kunt u contact met ons opnemen door het sturen van een email naar firstname.lastname@example.org of bel T: +31 (0) 294.764.646