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SHAPEWAYS TERMS AND CONDITIONS

Last updated: December 2009

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 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

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.

Please inspect the product at receipt immediately. If the model is faulty when you received it and you believe you are entitled to a replacement in accordance with the warranty above, please contact us within 10 days after receipt of the model. Such warranty claim can be made only within 10 days after receipt of the model by you. Do not return the product unless we require you to do so. We will confirm whether you are entitled to a replacement or refund. Transportation costs in respect of a faulty product will be born by us.

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, TO BE GIVEN TO CHILDREN. THE MODELS SHOULD NOT COME IN CONTACT WITH ELECTRICITY OR FOOD&DRINKS AND SHOULD BE KEPT AWAY FROM HEAT.

ordering

You must be at least eighteen (18) years of age to use this Service.

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. Please be informed that the language to be used during the whole ordering process is English.

2) Unacceptable orders, cancellation of orders by us
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 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 infringing feature of your model (see our Notice Take Down Procedure the destination of the delivery you indicated in your order etc. In case we cancel your order we will contact you via email and you will receive a full refund of your payment for any monies paid.

3) 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 in the Gallery without prior notice. Such change however will have no effect on orders completed before the posting of a new price on the Gallery. 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.

4) Payment and price
The amount indicated on the ordering page includes the fee for the Service (such as printing and packing the model) and the price for the materials used to produce the model. The price quoted on the Website is including shipping costs, sales tax (if applicable) but excluding any import duty or taxes (if applicable). 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 PayPal.com or banktransfer. If you chose to pay using Paypal you will be directed to the PayPal.com website. In case you chose to pay by banktransfer you will receive the payment instructions via email from Shapeways after confirmation of your orders. Shapeways shall not be responsible in any way for the payment process done via the PayPal.com website. Please get yourself familiarized with the terms of use of those services of PayPal. We will not perform the Services until we received confirmation either via PayPal that the transfer of the amount indicated in the order confirmation form has been completed or the funds arrive on our bankaccount.

5) Acceptance
After accepting your order we will send you an order confirmation by e-mail address associated with your Shapeways account. 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 customer service.

6) 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.


7) 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 the delivery time indicated in our confirmation email nevertheless depending on your shipping address it may take longer time. Such and any delivery date given by us are only best estimates and we are not liable for any damage or cost caused by delay in shipping.


8) Cancellation of your order, return of models
Due to the personalized feature of our Services (i.e. the model is supplied by us based on your specifications), after payment you cannot cancel your order. However we may consider accepting your cancellation, if you contact us via email within 10 days after your receipt of the model or when your order has not put into production yet

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.

Please inspect the product at receipt immediately. If the model is faulty when you received it and you believe you are entitled to a replacement in accordance with the warranty above, please contact us. within 10 days after receipt of the model. Such warranty claim can be made only within 10 days after receipt of the model by you. Do not return the product unless we require you to do so. We will confirm whether you are entitled to a replacement or refund. Transportation costs in respect of a faulty product will be born by us.

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, TO BE GIVEN TO CHILDREN. THE MODELS SHOULD NOT COME IN CONTACT WITH ELECTRICITY OR FOOD&DRINKS AND SHOULD BE KEPT AWAY FROM HEAT.

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 Generated Content) rests with Shapeways B.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 downtime. Time to time we also update our website when the site may not be 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 you 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 for a CoCreator model, 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 on any intellectual property rights.

Intellectual property rights means copyright, patent, registered design, design right, trade mark, trade secret.  
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.

In order to keep Shapeways  and the Website appropriate for a general audience and to cooperate with intellectual property right owners, we implemented our “Content, Notice-Take-Down Policy”.

intellectual property rights in the 3D design

You as a designer retain all your intellectual property rights in your 3D design. By uploading your  3D design, you warrant that it is your original creation and not copied from any 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 claims, and be held liable for all (direct and indirect) damages and costs incurred by Shapeways with respect to such claims

By uploading your 3D design to the Website, you grant Shapeways a non-exclusive, royalty free worldwide transferable license on your design only to:
(i) display it on the Shapeways Website;
(ii) use if for the manufacturing of your model in order to fulfill your order; and
(iii) 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 3D design to be displayed on the Shapeways Website, and\or ordered by other users, as stated in point (i) and (iii), you can indicate this during the upload procedure or change it via the model detail page of the 3D design.

With regard to such non-published 3D design, in order to protect third party intellectual property right owners who, in such case, may not be able to benefit from our Notice-Take-Down Procedure, we retain the right to review and refuse any order when it, in our own discretion, appears to infringe third party intellectual property rights, or in our discretion the model does not comply with our Content Policy.
By removing your 3D design from the Website you terminate all licenses granted to Shapeways under this agreement. Shapeways is however entitled to use your 3D design to fulfill orders of your 3D design that were placed before the removal ; and to use your 3D design  for promotional purposes, which license shall terminate 6 months after the removal of your 3D design. 3D designs are only used for promotional purposes with your explicit consent.

Note, specific terms in the CoCreator section: As a customer of a CoCreator model, by providing specifications for a CoCreator model, you grant Shapeways a non-exclusive, royalty free worldwide transferable license on your specifications, with the right to sublicense, to use your specifications for any purpose.
Please note that any intellectual property right of a CoCreator model created by the Shapeways shop owner with the use of your specifications will vest in the shop owner who created the CoCreator 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.

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 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.

SHAPEWAYS WILL NOT BE LIABLE 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, WARRANTY OR OTHERWISE.
OUR MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE RECEIVED FROM YOUBY SHAPEWAYS  FOR THE  SERVICES.

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.

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 disputed relating to the validity thereof, and any disputes related to the use of the Shapeways Services or Website or relating to the models ordered and delivered, shall be brought to the courts of Amsterdam. However this will not affect you rights if you are a consumer and applicable consumer law requires application of another law (such as the law of you country of residence. )

For consumers in Italy the Applicable Law is DLgs, 6.09.2005 n. 206, Titolo III, seizone II.

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 your 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 and will have no effect on sales that were completed before such posting. 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 this e-mail address.

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.