THE SHAPEWAYS SERVICE IS CURRENTLY IN A TRIAL PHASE, AND THEREFORE WE HOPE YOU UNDERSTAND THAT THE SERVICE MIGHT NOT BE COMPLETELY 'BUG' FREE. SHOULD YOU EXPERIENCE ANY PROBLEMS, PLEASE CONTACT US AND WE WILL DO OUR BEST TO FIX IT AS SOON AS POSSIBLE. SINCE WE ALWAYS WANT TO FURTHER IMPROVE OUR SERVICES, WE WELCOME ALL FEEDBACK. SHAPEWAYS MAY CONTACT YOU TO ASK YOU ABOUT YOUR EXPERIENCES.
The following are terms and conditions of a legal agreement between you and "Shapeways", a venture in the Lifestyle Incubator of Philips Electronics Nederland B.V. and govern your use of the "Shapeways Services" and the "Shapeways Website".
By using the Shapeways 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 you should not use the Shapeways Services and Website.
Shapeways Services
The Shapeways Services is made up of different services provided through the Website. One of our Services enables you to upload a 3D file to our Website and view it in 3D.
If you want to turn your 3D model into reality, you can place an order with us to have it manufactured. At a charge of a service price and price for the substance used for the model, we manufacture the model for you (i.e print it with 3D printing technology) in our materials and ship it to you.
You can also order models designed by other Shapeways members: Shapeways allows you to browse the Website for models in our Gallery, to rate these models and to place an order for the manufacturing of an available model.
Further, Shapeways offers other services and community features through the Website including a forum, a blog, tutorials etc. Where you can get in touch with other users or share your experiences.
Ordering
1) Placing an order
To order the model you designed or another model you found on our Website, you select the model and click the order button. Then you can select the quantity of the model you order and the material you want the model to be made of.
As the next step, we ask you to provide us with a few information we need for the delivery of the model. Finally you will be redirected to our payment provider’s website to initiate your payment.
2) Unacceptable orders, cancellation of orders
If a model is available through our Website (in the "Gallery" or "My Designs" section), the basic assumption is that it can be produced. There are however technical or other reasons why Shapeways may not accept or cancel your order. (Such reasons can be for example but not limited to the unfeasibility of the model, the destination of the delivery you indicated in your order etc.) We reserve the right during the entire ordering process to cancel any order placed with us. In case we cancel your order you will receive a full refund of your payment for any monies paid. After payment you cannot cancel your order. However we may consider accepting your cancellation, if you contact us.
3) Payment and price
The amount we charge you includes the fee for the Service (such as printing and shipping the model) and the price for the materials used to produce the model. The price quoted on the Website is including sales tax (if applicable). The shipping cost is also included in the indicated price. All prices are indicated in USD. If you do not pay in USD, the currency conversion will be handled by our payment service provider.You can initiate your payment for your order via our payment provider: PayPal.com. During the ordering process we will direct you to the PayPal.com website.
4) Prices in the Gallery
The prices displayed in the Gallery part of the Website are only indications and are valid only for the moment that they are displayed. Shapeways reserves the right to change its prices without prior notice. 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. Any monies paid related to that order will be refunded to you.
5) Order Tracking
Through the Website or – if you choose so – via e-mail notifications, you can track the status of your order e.g. accepted order, produced, dispatched, delivered etc. However we continuously change and improve this system.
6) Shipping
Your order will be delivered to your shipping address. We deliver to multiple countries. You can only select those countries as your shipping address during the ordering process.
We will do our best efforts to deliver the model to the shipping address within 10 working days, nevertheless depending on you shipping address it may take longer time. We are not responsible for any delay in shipping.
7) Inspection and return of models
Within 10 days after receipt of the model, you should inspect the model. If no notification that the model has been rejected is received by us within the 10 day period you are deemed to have accepted the model.
If you are not satisfied with the model ordered and received by you, you may contact us at service ( at ) shapeways.com, within 10 days after receipt of the model, and you will be given instructions how to return the model at your expense within 10 days of receipt and receive full refund of the model (exlusive taxes and your shipping charges).
Please be informed that the language to be used during the whole ordering process is in English.
Use of the Shapeways 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-Uploaded Content) rests with Koninklijke Philips Electronics N.V., and its affiliated companies 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 Shapeways is strictly prohibited. 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 Shapeways. Shapeways shall not be responsible in any way for the content of such other websites. Shapeways provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by Shapeways of the content of such websites.
Since the Shapeways Service is a web based service, it might be subject to temporary downtimes. From time to time we also update our website, which causes unavailability of the site for a certain period of time. We will endeavor 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 you access to the website.
User Generated Content
All "User Generated Content" (for instance, uploaded 3D designs, pictures of your 3D objects, comments on the Website) should not be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information or be likely to infringe on any applicable (intellectual property) law.
Shapeways 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. Opinions expressed in the User Generated Content are not necessarily the opinion of Shapeways.
Shapeways expressly preserves the right to monitor all the User Generated Content and to remove, in its own discretion, any User Generated Content from the website. If you encounter any inappropriate and/or infringing content on the website, please inform us immediately [by clicking on the ‘inappropriate’ button]. Shapeways will investigate the reported User Generated Content and will see whether, according to Shapeways, it needs to be removed.
Any use of User Generated Content as well as other content placed on the Website will be completely at your own risk. Shapeways expressly preserves the right to block entry to the Website of any user for any reason or no reason. Please report any disputable content to service ( at ) shapeways (dot ) com
Intellectual property rights
You as a designer retain all your intellectual property rights in your User Generated Content. Your User Generated Content shall be your original creation and not be copied from any other third party and/or entity. 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 Shapeways against third party infringement claims, and be held liable for all (direct and indirect) damages and costs incurred by Shapeways with respect to such infringement and/or violation.
By uploading your design to the Website, you grant Shapeways a non-exclusive royalty free, worldwide transferable license on your design
(i) to display it on the Shapeways Website;
(ii) to use if for the manufacturing of your model in order to fulfill your order; and
(iii) to use and modify it for the manufacturing of your model in order to fulfill the order of any other Website user.
Notwithstanding the above, if you do not want your design to be made public, and\or ordered by other users, you might decide not to grant us license on your design as stated in point (i) and (iii), but only grant a license as stated under point (ii) i.e. to use if for the manufacturing of your model in order to fulfill your order. You should indicate your preferences during the upload procedure.
By removing your model from the Website you terminate all the licenses granted to Shapeways on your design under this agreement except for the license to use your design for the manufacturing of your model to fulfill orders of your model.
Consent to use of personal data
By using our Services you agree that Shapeways may collect and use personal data about you. Such information collected through this Website shall only be used in accordance with the Shapeways Privacy Policy. For more information please read the Shapeways Privacy Policy.
Warranty
Shapeways warrants only that the model manufactured by us will substantially meet the features of the indicated 3D model within the limitations of the 3D printing technology. Shapeways does not give any warranty about the models and neither guarantees that the model will be fit for any particular purposes.
Shapeways provides the Website and the Services "as is " and "as available". Shapeways does not warrant that the use of the Website and the Services will be uninterrupted or error free.
SHAPEWAYS MAKES NO WARRANTY OTHER THAN THOSE MADE EXPRESSELY IN THIS TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY LAW, SHAPEWAYS 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.
Please note that the materials we use for manufacturing the models make the models suitable only for decorative purposes and they are not suited for any other purpose. The models are not suited to be used as toys or to be given to children. The models should not come into contact with electricity of food & drinks and should be kept away from heat.
Limitation of liability
These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the Shapeways 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 this agreement. Any warranty, condition or other term arising out of or in connection with the supply of the Services or the delivered models which might otherwise be implied into or incorporated into this agreement 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.
Nothing in this agreement shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
SHAPEWAYS WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. OUR MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE PAYABLE BY YOU TO SHAPEWAYS FOR THE OF THE SERVICES.
Applicable Law
These Terms and Conditions shall be governed by the laws of the Netherlands. Any and all disputes arising from these Terms and Conditions, including disputes relating to the validity thereof, and any disputes related to the use of the Shapways Services or Website or relating to the models ordered and delivered, shall be brought to the courts of Amsterdam.
Indemnification
You agree to indemnify and hold Shapeways and its affiliates, distributors, dealers, agents and its and their employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorneys’ fees) arising from or relating to any claims that result from breach of these Terms and Conditions.
Change of the Website, the Services and these Terms and Conditions
Shapeways 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. 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.
Miscellaneous
These Terms and Conditions 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 Shapeways. No amendment of this agreement shall be binding upon Shapeways unless in writing and signed by Shapeways. 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 this agreement.
Contact Information
If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending an email to the following e-mail address:
service ( at ) shapeways ( dot ) com