1. Eligibility and Access
The Site is available only to users who can form legally binding contracts under applicable law. By using the Site, You represent and warrant that You are at least 16 years of age. If You are under 16, You may use the Site only with involvement of a parent or guardian.
To use certain features of the Site (e.g., to purchase any of our Products), You will need to create an account with Your name, email address and password. You represent and warrant that all information You submit when You create Your account and all information You voluntarily choose to include in Your profile is accurate, current and complete, and that You will keep such information accurate, current, complete and confidential to others. You are solely responsible for the activity that occurs on Your account, whether authorized by You or not. You must notify FT3D immediately of any breach of security or unauthorized use of Your account. We will not be liable for any losses due to any unauthorized use of Your account.
By logging into the Site, You represent and warrant that: (i) You are the customer who registered for the Site; (ii) that You are using the Site only for permitted purposes; and (iii) You are not a competitor of FT3D/Staramba, or agent thereof.
2. Modification of Terms
3. Our Content and Grant of Limited License
The Site, including all text, graphics, photographs, images, and illustrations (“Content”), is protected by copyright, trade secret and other intellectual property laws and FT3D/Staramba and our licensors own all title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Service and all copies of the Service. This Agreement does not grant You any rights to FT3D trademarks or service marks. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. FT3D reserves all rights not expressly granted to You in this Agreement.
Subject to the terms and conditions of this Agreement, We hereby grant You a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on Your internet browser only for the purpose of shopping for Products sold on the Site and reviewing Site content and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to You.
4. Permitted Uses
Except as permitted in the paragraph above, You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. Further, You may not (a) make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; (f) harass or interfere with another user's use and enjoyment of the Site; or (g) use the Site to engage in any illegal activities.
We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if We believe that customer conduct violates applicable law or is harmful to our interests.
5. User Content
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or company; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.K. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties or any software intended to damage or alter a computer system or data.
With respect to any Content You submit or make available through the Site, You grant FT3D a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any Content You provide does not include anything (including, but not limited to, text, images, music or video) to which You do not have the full right to grant such a license to FT3D.
6. Copyright Infringement
FT3D has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). You are hereby informed that FT3D has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of FT3D users who are repeat copyright infringers. FT3D may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts and/or memberships of users who may be infringing the intellectual property of a third party. If You believe that Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide FT3D’s Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that You claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that You claim is infringing is located on the Site;
Your address, telephone number, and, if available, email address;
a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
FT3D’s agent for notice of claims of copyright or other intellectual property infringement can be reached via mail at the following address: firstname.lastname@example.org
FT3D, 5-6 Centrus Business Park, Mead Lane, Hertford, SG13 7GX – Attn. Legal Dept.
7. OUR AGREEMENT FOR THE SALE OF GOODS AND THE ORDERING PROCESS
7.1 The Website displays Goods which are advertised for sale and gives information about them. By advertising Goods on the Website, We are inviting You to place an Order with Us. If You place an Order, We are not obliged to accept that Order and the Contract between Us will only be formed if and when We accept Your Order. Neither submitting an electronic order form, nor completing the checkout process constitutes Our acceptance of Your Order. Our acceptance of Your Order and the completion of the Contract between You and Us will take place upon despatch to You of the Goods. You may include any number of items within a single Order, subject to any restrictions set out in these Terms or on the Website and each Order which You place will be a separate Contract between Us. We reserve the right to refuse to supply Goods to any person.
7.2 Any variation of the Contract must be expressly agreed between You and Us.
7.3 The following paragraphs explain the process which You will need to go through to place an Order and how the Contract for the sale of Goods between us will be formed. This section also explains important information about payment and delivery.
Step 1 - Choosing Your Goods
You can select a product for purchase by clicking on the item which You are interested in and then clicking on "Add to Basket".
Step 2 –Reviewing Your Basket
You can review the products which You have added to Your basket. You can change the contents of Your basket by amending the quantity of Goods You want to order (which may be subject to a maximum number of items, per size from time to time), removing any unwanted items by clicking 'Remove' and viewing the basket total value. You can also enter any promotional code which You may have. Entering a valid promotional code and clicking 'Redeem' will update the basket total. You can then continue shopping and adding to Your basket if You wish or if You don't want to buy anything else, go straight to the next step.
Step 3 – Going to Checkout
Once You have finished shopping, You can proceed to Checkout by clicking on "Continue" or by hovering over the basket icon in the top right hand corner of the page and then clicking "Checkout".
Step 4 – Customer registration
Step 5 – Completing Your Address and Delivery Details
You will be asked to enter Your delivery address or a town or postcode to find Your nearest collection point. If You are an existing Customer, You will be shown a list of any delivery addresses You have previously entered. You will have the option of selecting the same address for Your billing address. Alternatively, on the next screen, You can enter a different billing address. You must provide us with the correct address details. We will not be liable for any delay to or failure of delivery as a result of Your failure to provide accurate address details.
Step 6 – Your Order Summary and Payment Information
You will then need to choose Your payment method and enter Your payment details. Please check this information very carefully. For security reasons Card details are NOT saved to Your account. Your Order summary page will then appear on CheckoutStep4. This includes details of the Goods in Your Order. You should check the details at this stage very carefully as this is the final stage in the Order process at which You can correct any mistakes or change the Goods which You want to Order. You can do this by returning to the Shopping Basket and completing the process set out above again. If You are happy with Your Order, click "Place Order & Pay".
Step 7 – Placing Your Order
By clicking on "Place Order & Pay", You are confirming that You have read, understood and accepted these Terms. At this point Your Order will be submitted to Us.
Step 8 – Order Acknowledgement
Once We have received confirmation that Your payment has been authorised, a screen will appear, thanking You for Your Order. You will be given an Order reference and an e-mail will be sent to You to acknowledge Your Order. It will confirm the Goods, price and any delivery charge. Print a copy of the Order acknowledgment and e-mail and keep them for Your records. Please note, Our acceptance of Your Order (regardless of the content of any emails We send You) will only take place on despatch of Your Order.
7.4 If there are any errors You should contact us as soon as possible by sending us an email at email@example.com or calling our customer service department +44 (0)1992 517089.
7.5 We may refuse Your Order or cancel Your Order if We decide it is reasonable to do so which may include circumstances where:
7.5.1 We are unable to obtain authorised payment or the payment process is incomplete; or
7.5.2 We identify a product or pricing error on the Website; or
7.5.3 You fail to meet any criteria for eligibility of purchase which We may impose from time to time; or
7.5.4 We suspect that Your Order is related to fraudulent activity; or
7.5.5 You fail to submit all necessary and relevant details to allow Us to fulfil the Order; or
7.5.6 Goods are unavailable or out of stock.
7.6 We may contact You by telephone or email to verify details before We are able to process and despatch Your Order or We may be unable to accept it. For example, We may do this if Your Order is of particularly high value.
7.7 The Goods shown for sale on this Website are intended for private, consumer use and You must not resell Goods or offer them as a commercial enterprise. We reserve the right to limit the total value of Goods which can be included in an Order. If the total value of Goods in Your bag exceeds the limit which We may choose from time to time, then We will contact You.
7.8 If We cancel all or portion Your order or if We provide You less than the quantity You ordered, (a) We will issue a credit to Your credit card account in the amount charged for the cancelled portion or the quantity not provided (if Your credit card has already been charged for the order) or (b) We will not charge Your credit card for the cancelled portion of the order or the quantity not provided.
8. OTHER PAYMENT OPTIONS – TELEPHONE & IN-PERSON ORDERS
8.1.a1 You may also place an Order over the telephone by calling Us on 01992 501 500
8.1.a2 Our usual opening hours are 9.00am to 5.30pm Monday to Friday.
8.1.a3 Calls are charged at no more than the standard rate.
8.1.b1 You may also place an Order at one of the events We are invited to provide the service
8.2 If You place an Order, We are not obliged to accept that Order and the Contract between Us will only be formed if and when We accept Your Order. Placing Your Order over the telephone and/or in person does not constitute Our acceptance of Your Order. Our acceptance of Your Order and the completion of the Contract between You and Us will take place upon despatch of the Goods. You may include any number of items within a single Order, subject to any restrictions set out in these Terms or specified over the telephone and each Order which You place will be a separate Contract between Us. We reserve the right to refuse to supply Goods to any person.
8.3 You will be asked to provide Your delivery address You wish the Goods to be sent to. You will also need to provide Your billing address. You must provide us with the correct address details. We will not be liable for any delay to or failure of delivery as a result of Your failure to provide accurate address details.
8.3 You will then need to choose Your payment method and provide Your payment details. Please be very careful to provide us with accurate information as We will not be liable for any loss or failure of delivery as a result of Your failure to provide the correct payment details.
8.4 We will ask You to confirm that You wish to place Your Order. You agree that by confirming You wish to proceed, You accept these Terms and acknowledge that You will be under an obligation to pay.
8.5 Once We have received confirmation that Your payment has been authorised, You will be given an Order reference and an e-mail (where You have provided an e-mail address) or letter will be sent to You to acknowledge Your Order. It will confirm the Goods, price and any delivery charge. You should keep this e-mail or letter for Your records. This correspondence does not constitute Our acceptance of the Order.
8.6 The provisions in paragraphs 7.1 and 7.2 also apply to telephone and in-person Orders.
9. Payment Terms
When You place an order on the Site, You agree to pay the following as of the time You submit the order:
The purchase price (as currently listed) for each Product;
Any sales taxes or duties; and
Shipping and handling fees for the delivery service You select.
Except as provided herein, all payments are non-refundable and all Products are non-returnable.
a. Sales Tax
Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the purchase price of a Product.
Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges. All such amounts will be calculated and displayed at checkout.
b. Shipping and Handling
Fees for shipping and handling are not included in the purchase price of any Product. All such amounts will be calculated and displayed at checkout.
FT3D, in conjunction with our service providers, will attempt to deliver the Products You have ordered within the request range of days provided at the time the order was placed. You acknowledge that delivery date estimates are non-binding estimates only and that You have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in instalments. The risk of loss and title for each Product purchased by You passes to You upon our delivery of the Products to the carrier (FOB Shipping Point, Hertford).
9. Errors, Inaccuracies and Omissions
We have made every effort to display as accurately as possible the colours of our Products that appear on the Site. We cannot guarantee that Your computer monitor’s display of any colour will be accurate.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after You have submitted Your order). If Your credit card has already been charged, an immediate credit will be issued to Your credit card.
10. Links to Third Party Sites
11. Limited Warranties
FT3D warrants only that the Products manufactured by FT3D will substantially meet the features of the indicated 3D model within the limitations of the 3D printing technology. FT3D does not give any warranty about the Products and does not guarantee that the Products will be fit for any particular purposes. Please inspect the Products upon receipt immediately. If a Product 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 faulty Product. 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 borne by us.
THE SITE, SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT FOR THE WARRANTY SET FORTH IN ABOVE, FT3D MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SITE, SERVICES OR PRODUCTS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. WE DO NOT PROMISE USE OF THE SITE OR SERVICES WILL BE ERROR-FREE, TIMELY, SECURE, VIRUS FREE, OR UNINTERRUPTED, OR THAT THE USE OF OUR SITE WILL PROVIDE ANY SPECIFIC RESULTS.
YOU EXPRESSLY ACKNOWLEDGE THAT (a) THE MATERIALS USED FOR MANUFACTURING THE PRODUCTS MAKE THE PRODUCTS SUITABLE ONLY FOR DECORATIVE PURPOSES OR AS COLLECTOR’S ITEMS, AND THEY ARE NOT SUITED FOR ANY OTHER PURPOSE; (b) THE PRODUCTS ARE NOT SUITED TO BE USED AS TOYS OR TO BE GIVEN TO CHILDREN; (c) IN ORDER TO AVOID DISCOLORATION OR DAMAGE, THE PRODUCTS SHOULD NOT COME IN CONTACT WITH ELECTRICITY OR FOOD OR LIQUIDS AND SHOULD BE KEPT AWAY FROM HEAT; (d) THE PRODUCTS ARE OF A FRAGILE NATURE AND SHOULD HANDLED WITH CARE TO AVOID BREAKAGE OR DAMAGE; AND (e) THE COLOUR OF THE PRODUCTS MAY NOT BE EXACTLY AS THEY APPEAR ON THE SITE.
12. Limitation on Liability
YOU AGREE THAT FT3D AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED IN ANY WAY TO THE SITE, SERVICES, PRODUCTS OR YOUR ACCESS TO, AND USE OF THE SITE, SERVICES OR PRODUCTS (EVEN IF STARAMBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
IN NO EVENT SHALL FT3D’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID TO STARAMBA FOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY.
The limitation of liability set forth above shall not apply to (i) liability resulting from FT3D’s gross negligence or wilful misconduct and (ii) death or bodily injury resulting from FT3D’s acts or omissions.
You will indemnify, defend, and hold us harmless (and our respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of Your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our policies; (b) Your wrongful or improper use of the Site; (c) Your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) Your violation of any law, rule or regulation of the United Kingdom or any other country; (e) any other party’s access and/or use of the Site with Your account information.
14. Platform for online dispute resolution (so-called OS-platform) of the European Commission
The link to the European Commission online platform for extrajudicial online dispute resolution (so-called. OS-platform) is reachable at: http://ec.europa.eu/consumers/odr/
Our e-mail address is: firstname.lastname@example.org 15. General
Miscellaneous. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. These Terms of Service constitute the entire agreement and understanding between You and FT3D with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
Governing Law/Dispute Resolution. This Agreement shall be governed by the laws of the United Kingdom, without giving effect to any principles that may provide for the application of the laws of another jurisdiction.
Non-Assignment. You may not assign or transfer its rights or obligations under this Agreement, whether by operation of law or otherwise, without our prior written consent.
Modifications to this Agreement. You acknowledge and agree that FT3D may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. It is Your responsibility to check periodically for any changes We make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means You accept the changes.
Notices. For contractual purposes, user consents to receive communications from FT3D in electronic format and agrees that all communications electronically received from FT3D will satisfy the legal requirement that such communications be in writing, if any. The foregoing does not affect user’s statutory rights.
Force Majeure. FT3D shall be excused from performance under these Terms of Service, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) Weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labour strikes, or (5) other causes beyond the reasonable control of FT3D. In the event that FT3D is temporarily unable to ship to You a purchased item because of such an event, FT3D will give You the option of deferring shipment or receiving a refund of Your charges.
Contact Information. If You have any questions about this Agreement, please contact us via email at email@example.com or regular mail at the following address:
5-6 Centrus Business Park, Mead Lane, Hertford, SG13 7GX, United Kingdom
Copyright © 2017. All Rights Reserved.