Terms & Conditions
The following are terms and conditions of a legal agreement between you and “3D Creation Lab” and govern your use of the “3D Creation Lab Services” and the “3D Creation Lab Website”.
By using the 3D Creation Lab 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 3D Creation Lab Services and 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 3D Creation Lab. 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 3D Creation Lab is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
3D Creation Lab has taken care to ensure that the information contained in this website is accurate and up to date. However, no warranty is given to the accuracy of the content.
This Website may provide links to other websites that are not under the control of 3D Creation Lab. 3D Creation Lab shall not be responsible in any way for the content of such websites. 3D Creation Lab provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by 3D Creation Lab of the content of such websites.
Since the 3D Creation Lab Service is a web based service, it might be subject to temporary interruptions. 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 and/or suspension of your access to the website. 3D Creation Lab reserves the right to modify or discontinue the service at any time.
Intellectual Property Rights
You as a designer retain all your intellectual property rights in your 3D Model(s). Your 3D Model(s) shall be your original creation and not be copied from any other third party and/or entity. You warrant that your 3D model(s) will not infringe the intellectual property rights of third parties. Should your 3D model(s) nevertheless be found to be infringing and/or in violation of any law, you will defend 3D Creation Lab against third party infringement claims, and be held liable for all (direct and indirect) damages and costs incurred by 3D Creation Lab with respect to such infringement and/or violation.
3D Creation Lab Ltd is committed to ensuring your privacy. By completing an enquiry form, or clicking an email link on this website, you are authorising us to contact you about our services. 3D Creation Lab collects and uses your personal data such as your name, e-mail address and your place of work/living in order to provide you with the 3D Creation Lab services. We need this information for instance to be able to fulfil your orders.
We may collate statistics about traffic to this website. This data helps us improve our service to you. However these statistics do not include any information that could personally identify you.
By contacting us, you agree that you do not object to us contacting you by e-mail, letter or telephone. You confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
We do not sell, rent or license your personal data to third parties. However, please be informed that we may share your personal data with other businesses (our service providers) for example to enable them to provide their services to us or to you (for instance handling your orders). We require these service providers to protect your personal data adequately. They are not allowed to use your personal data for any purpose not specifically authorised by 3D Creation Lab or by you.
You can update your personal information on our portal yourself. If you wish to have it deleted send your request to the following e-mail address: firstname.lastname@example.org
Our website may provide links to other websites for your convenience and information. Linked sites may have their own privacy notices or policies, which we suggest you review if you visit any linked sites.
We reserve the right to change this privacy statement from time to time and will post any revisions on our website. Therefore we encourage you to check the website often to read the latest version.
The confidential nature of your 3D printing project is never underestimated within 3D Creation Lab. We are committed to providing the most secure environment possible, throughout the entire manufacturing process.
We understand that trust is not always enough when it comes to ensuring confidentiality. We reasonably expect therefore to adhere to any stipulations set out in non-disclosure agreements (NDA) you may wish to provide.
1. Placing an order
To order the model you have designed, you select the quotation reference and click the order button. Then you can select the quantity of the model that you require and the material you want the model to be made of.
As the next step, we ask you to provide us with 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
There are technical or other reasons why 3D Creation Lab may not be able to accept or will need to cancel your order. (Such reasons can be for example but are not limited to, the unfeasibility of the model, the destination of the delivery, 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 for any monies paid. After payment you cannot cancel your order, however we may consider accepting your cancellation, if you contact us at email@example.com. Each case will be considered on an individual basis.
3D Creation Lab 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.
Your order will be delivered to your shipping address. We deliver to multiple countries and you can 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 7 working days, nevertheless depending on the shipping address it may take longer time. We are not responsible for any delay in shipping.
5. Delivery Tracking
Once your order has been processed and shipped you will receive an email with a tracking reference and a link to our third party courier’s website, where you will be able to track your delivery.
6. Inspection and return of models
If you are not satisfied with your model that you have ordered and received, you may contact us at firstname.lastname@example.org, within 10 days after receipt of the model, and you may return the model at your expense within 10 days of receipt and receive a full refund of the model (exclusive of taxes and shipping charges)
3D Creation Lab 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. 3D Creation Lab does not give any warranty about the models and neither guarantee that the model will be fit for any particular purposes.
3D Creation Lab provides its Website and Services “as is“and “as available”. 3D Creation Lab does not warrant that the use of the Website and the Services will be uninterrupted or error free.
3D Creation Lab makes no warranty other than those made expressly in these terms and conditions to the fullest extent permitted by law, 3D Creation Lab 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.
The models are not suited to be used as toys or to be given to children. The models should not come in contact with electricity or food and drinks and should be kept away from any sources of heat.
Limitation of liability
These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the 3D Creation Lab 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
- for death or personal injury caused by our negligence or
- for fraud or
- any breach of the obligations implied by applicable compulsory national laws as to title or
- any liability which cannot be excluded by law.
3D Creation Lab 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 however arising and whether caused by tort (including negligence), breach of contract or otherwise. 3D Creation Lab’s maximum aggregate liability under this agreement whether in tort (including negligence) or otherwise shall in no circumstances exceed the fee payable by you to 3D Creation Lab for the services.
You agree to indemnify and hold 3D Creation Lab and its affiliates, distributors, dealers, agents and its and their employees harmless from and against all liabilities, costs, damages and expenses (including reasonable solicitors’ fees) arising from or relating to any claims that result from breach of these Terms and Conditions.
These Terms and Conditions shall be governed by the laws of England. 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 3D Creation Lab Service or Website or relating to the models ordered and delivered, shall be brought to the courts of England.
Terms & Conditions for Business Account customers only
Conditions of Sale
1.1 In these conditions the following words have the following meanings:
12 the Buyer: the person(s), firm or company who purchases the Goods from the Company;
1.3 the Company: 3D Creation Lab a trading name of Needwood 3D Technologies Limited a company registered in England and Wales with registered number 06576448 whose registered office is at Victoria House, 44-45 Queens Road, Coventry, West Midlands, CV1 3EH
1.4 Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these Conditions;
1 .5 Delivery Point: the place where delivery of the Goods is to take place under condition 3;
1.6 Goods: any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
1.7 In these conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.8 In these conditions headings will not affect the construction of these conditions.
2 APPLICATION OF TERMS
2.1 Subject to any variation under condition 2.3 the Contract will be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2 No terms or conditions endorsed upon, delivered with or contained in the Buyer's purchase order, confirmation of order, specification or other document will form part of the Contract simply as a result of such document being referred to in the Contract.
2.3 These conditions apply to all the Company's sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by the Managing Director of the Company. Nothing in this condition will exclude or limit the Company's liability for fraudulent misrepresentation.
2.4 Each order for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these conditions.
2.5 No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer.
2.6 The Buyer must ensure that the terms of its order and any applicable specification are complete and accurate.
2.7 Any quotation is given on the basis that no contract will come into existence until the Company despatches an acknowledgement of order to the Buyer. Any quotation is valid for a period of 7 working days only from its date, provided that the Company has not previously withdrawn it.
3.1 Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place at the Company's place of business.
3.2 The Buyer will take delivery of the Goods within two working days of the Company giving it notice that the Goods are ready for delivery.
3.3 Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery will be within a reasonable time.
3.4 Subject to the other provisions of these conditions the Company will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence), nor will any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 90 days.
3.5 If for any reason the Buyer will not accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations:
3.5.1 Risk in the Goods will pass to the Buyer (including for loss or damage caused by the Company's negligence);
3.5.2 The Goods will be deemed to have been delivered; and
3.5.3 The Company may store the Goods until delivery whereupon the Buyer will be liable for all related costs and expenses (including, without limitation, storage and insurance).
4.1 The quantity of any consignment of Goods as recorded by the Company upon despatch from the Company's place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
4.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company's negligence) unless written notice is given to the Company within Seven days of the date when the Goods would in the ordinary course of events have been received.
4.3 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
5.1 The Goods are at the risk of the Buyer from the time of delivery.
5.2 Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 The Goods; and
5.2.2 All other sums which are or which become due to the Company from the Buyer on any account.
5.3 Until ownership of the Goods has passed to the Buyer, the Buyer must:
5.3.1 Store the Goods (at no cost to the Company) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as the Company's property;
5.3.2 Not destroys, deface or obscure any identifying mark or packaging on or relating to the Goods;
5.3.3 Maintain the Goods in satisfactory condition and keep them insured on the Company's behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Buyer shall produce the policy of insurance to the Company; and
5.3.4 Hold the proceeds of the insurance referred to in condition 5.3.3 on trust for the Company and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
5.4 The Buyer may resell the Goods before ownership has passed to it solely on the following conditions:
5.4.1 Any sale shall be effected in the ordinary course of the Buyer's business at full market value; and
5.4.2 Any such sale shall be a sale of the Company's property on the Buyer's own behalf and the Buyer shall deal as principal when making such a sale.
5.5 The Buyer's right to possession of the Goods shall terminate immediately if:
5.5.1 The Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed over its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for the winding up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; or
5.5.2 The Buyer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe/perform any of his/its obligations under the Contract or any other contract between the Company and the Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade; or
5.5.3 The Buyer encumbers or in any way charges any of the Goods.
5.6 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.
5.7 The Buyer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer's right to possession has terminated, to recover them.
6.1 Unless revised by the Company in writing pursuant to clause 6.3 below the price for the Goods shall be the price set out in the Company's quotation.
6.2 The price for the Goods shall be exclusive of any value added tax and (unless stated as included in the quotation price) all costs or charges in relation to loading, unloading, carriage and insurance all of which amounts the Buyer will pay in addition when it is due to pay for the Goods.
6.3 If the Buyer alters its order, specification, requirements, or, if the price of materials increase after the date the quotation is given, the Company reserves the right to adjust the price in the quotation to cover such additional costs to the Company, any such price adjustment to be communicated to the Buyer in writing.
7.1 Payment of the price for the Goods is due on the last working day of the month following the month in which the Goods are delivered or deemed to be delivered.
7.2 Time for payment shall be of the essence.
7.3 No payment shall be deemed to have been received until the Company has received cleared funds.
7.4 All payments payable to the Company under the Contract shall become due immediately upon termination of this Contract despite any other provision.
7.5 The Buyer shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.
7.6 If the Buyer fails to pay the Company any sum due pursuant to the Contract the Buyer will be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 5% above the base lending rate from time to time of Bank of England, accruing on a daily basis until payment is made, whether before or after any judgment
8.1 Where the Company is not the manufacturer of the Goods, the Company will endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Company.
8.2 The Company gives no warranty as to the quality of the goods or their fitness for purpose except to the extent such warranties have been imposed or implied by law and not otherwise limited under condition 9.2 below.
8.3 The Company shall not be liable for a breach of any of the warranty imposed under condition 8.2 if:
8.3.1 The defect arises because the Buyer failed to follow the Company's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or
8.3.2 The Buyer alters or repairs such Goods without the written consent of the Company.
8.4 Subject to conditions 8.2 and 8.3 if any of the Goods do not conform with any warranty imposed or implied by law the Company shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Buyer shall return the Goods or the part of such Goods which is defective to the Company.
8.5 If the Company complies with condition 8.4 it shall have no further liability for a breach of any of the warranty under condition 8.2 in respect of such Goods.
9 LIMITATION OF LIABILITY
9.1 Subject to condition 8, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
9.1.1 Any breach of these conditions; and
9.1.2 Any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
9.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract
9.3 Nothing in these conditions excludes or limits the liability of the Company for death or personal injury caused by the Company's negligence or fraudulent misrepresentation.
9.4 Subject to conditions 9.2 and 9.3:
9.4.1 The Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the contract price; and
9.4.2 The Company shall not be liable to the
9.4.3 Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract
10.1 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
10.2 The Company may assign the Contract or any part of it to any person, firm or company.
11 FORCE MAJEURE
11.1 The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials Provided that, if the event in question continues for a continuous period in excess of 180 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.
12.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
12.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be Wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
12.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
12.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
12.5 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
12.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
13.1 All communications between the parties about this Contract must be in writing and delivered by hand or sent by pre-paid first class post or sent by facsimile or email transmission:
13.1.1 (in case of communications to the Company) to its registered office or such changed address as shall be notified to the Buyer by the Company; or
13.1.2 (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any
other case) to any address of the Buyer set out in any document which forms part of this Contract or such other address as shall be notified to the Company by the Buyer.
13.2 Communications shall be deemed to have been received:
13.2.1 If sent by pre-paid first class post, 2 days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting);
13.2.2 If delivered by hand, on the day of delivery;
13.2.3 If sent by facsimile transmission on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.