Terms and Conditions
CADPRINTWAX BUSINESS TERMS AND CONDITIONS
1) Applicability of the Terms and Conditions
Deliveries, services and quotations from Cad Print Wax, shall exclusively be based on the present Terms and Conditions. By placing an order, the customer declares its agreement with the present Terms and Conditions. The Terms and Conditions of sale shall also apply for all future transactions with the customer.
2) Conclusion of contract
The customer gives CadPrintWaxthe order to print 3DM and/or STL files and, if applicable, other services connected therewith. The contract shall come into force when the orderis complete. The customer has the option to register and create an account or complete the order as a guest, as long as the customer provides all the necessary contact information along with the files to be printed. Customers who choose to register are given a user name and a password. The prerequisite for an effective contractual relationship between CadPrintWaxand the customershall be successful with the upload of 3DM and/or STL files to CadPrintWaxandordering of services from CadPrintWaxon the Internet on the CadPrintWaxweb-site. With this, the customeracknowledges the present General Terms and Conditions of Business. The information provided by the customer must be correct and true. The customershall notify CadPrintWaxwithout delay about the amendments of customer’sdata relevant to the order.
3) Non-performance of the offer
In the event of typing or calculation errors as well as errors on the web-site, CadPrintWaxshall not be obliged to accept the offer or to carry out the order.
Delivery of the order shall be done according to the customer’s selection based on the provisions stipulated on the CadPrintWaxweb-site insofar as no deviating agreements have been reached between the customerand Cad Print Wax. CadPrintWaxshall be entitled to make part deliveries. The delivery periods stated by CadPrintWaxshall apply with the provision that they can be fallen short of or exceeded by about 24 hours. In the event of arrears in delivery by Cad Print Wax, the customershall not be entitled to claim damages insofar as nothing to the contrary has been determined with regard to warranty. To the extent legally admissible, rejection of acceptance due to delays in deliveries shall be ruled out.
Delivery shall be done at the prices stated on CadPrintWaxweb-site and valid on the date of the conclusion of the contract. CadPrintWaxreserves the right to charge the correct price in the event of the web-site containing obvious errors such as typing or calculation errors. The agreed price shall be understood in US Dollars. It shall be due for payment without deduction following the acceptance of the estimate provided on the CadPrintWaxweb site after successful upload of 3DM and/or STL files. Â In the event of damage caused by loss, confusion or damage of the 3DM and STL files sent in or transmitted, CadPrintWaxshall only assume liability to the value of the material value, insofar as the damage has not been caused with malice aforethought or by gross negligence. CadPrintWaxshall assume no liability for the loss of 3DM and STL files in dispatch to CadPrintWaxor of data on the transmission path to the web-site or for the loss of material of any kind as a result of force majeure.
The customershall only have a right to offsetting if its counterclaims are legally effective or have expressly been acknowledged in writing by Cad Print Wax.
7) Right of revocation
A right to revocation of the order is ruled out, as the 3D products are printedaccording to the customer’srequirements and are tailor-made to match its personal requirements.
CadPrintWaxshall assume liability according to the statutory provisions in the event of defects to the object insofar as nothing to the contrary has been determined below. Delivered goods shall only be defective if they do not correspond to the technical standard of digital 3D printing services.A particular quality of the goods to be supplied is not agreed. CadPrintWaxshall assume no guarantee. The customershall notify obvious defects which are striking without particular attention in writing without delay upon delivery, albeit no later than 2 days after receipt, stating the defect. Later claiming of obvious faults shall be ruled out. To the extent that the goods supplied are defective, CadPrintWaxshall have the choice between reworking or replacement delivery. If the reworking or replacement delivery fails, the customercan, at its discretion, demand reduction of the purchase price or withdrawal from the contract. CadPrintWaxshall have twoattempts at reworking or replacement delivery. However, claims to damages shall be ruled out to the extent that nothing to the contrary has been agreed in the aforementioned regulations.
CadPrintWaxshall not be liable for damages caused by technically erroneous designs submitted. This shall not apply to liability for damages caused on the basis of malice aforethought or gross negligence. CadPrintWaxengages to take all reasonable efforts in order to ship the goods on time. CadPrintWaxshall assume no liability for faults or economic damage incurred by the customerfrom a temporary lack of availability of the web-site or parts of the same or resulting from similar technical problems. Liability of CadPrintWaxshall in particular be ruled out for system-induced failures, interruption and/or disturbance of the data transmission and for failure to comply with the instructions for use decisive for the CadPrintWaxoffer. Liability of CadPrintWaxfor system-induced failures, interruption and/or disturbance of the data transmission, the Internet or other necessary communication systems for the disturbance of which CadPrintWaxshall not be answerable shall be ruled out; CadPrintWaxshall only be liable for the event of malice aforethought or gross negligence and for the event of CadPrintWaxbeing involved in the origination of the damage. CadPrintWaxshall also assume no liability for loss of the data stored with Cad Print Wax, except for malice aforethought or gross negligence. CadPrintWaxshall assume no liability for losses or damage incurred by the customerfrom making use of the services or goods of a third party which are advertised on the CadPrintWaxweb-site or to which a hyperlink on the CadPrintWaxweb-site refers. Claims to damages against CadPrintWaxor its partner companies shall be ruled out to this extent with the exception of malice aforethought or gross negligence..
10) Obligations of the customer
The customermay only use the CadPrintWaxweb-site according to the present Terms and Conditions of business and use. The customermust disclose its identity to CadPrintWaxwhen sending the 3DM and/orSTL files. Statement of an e-mail address alone is not sufficient for this. The customermay not send any 3DM orSTL files that have copy right from the third partyto Cad Print Wax. The customershall be responsible for the contents of the 3DM and STL files sent to CadPrintWaxby it. The customershall be liable for all damage culpably incurred by Cad Print Wax, its employees or third parties by its use of the service of the CadPrintWaxweb-site and shall hold CadPrintWaxharmless against such claims by third parties. The registered customershall be responsible for secrecy and use of its password. The registered customershall be obliged to keep its user name and password with particular care, in order to prevent other people from obtaining knowledge of the user name and password or becoming lost or being misused. The registered customershall be liable for unauthorized use of its user name and/or password by third parties. The customershall notify CadPrintWaxwithout delay if it assumes that its user name and/or password is/are being used without authorization. CadPrintWaxshall reserve the right to reject the CadPrintWaxoffer for any customerinfringing the Terms and Conditions of business and use.
11) Data protection, data back-up
A registered customerknows and approves of the fact that its personal data necessary for order handling as well as archiving are stored on our hosting server. The customerexpressly approves of recording, processing and use of its person-related data. All data shall be treated confidentially. The customershall have the right to revoke this approval with an effect for the future at any time. In this event, CadPrintWaxengages to delete the personal data immediately unless an order process has not been completely dealt with. At the placement of an order, CadPrintWaxpresupposes that the customerbacks up its data sets over and above the time of delivery to Cad Print Wax. Backing up of the data transmitted by the customershall not be done by Cad Print Wax. This shall in particular apply for the 3DM and STL files stored in the storage service. The customergives its approval that its data, as described above, are stored by Cad Print Wax.
The customerassures that it possesses all copyrights, rights of utilization by copyright and performance protection rights to the 3DM and STL files which it sends to Cad Print Wax. The customerassures that it is also the unrestricted owner of the processing, amendment and redesign rights of all 3DM and STL files which it transmits to CadPrintWaxand ensures that the processed, amended and/or reworked 3DM and STL files do not infringe copyright provisions and/or personality rights of any kind. All and any consequences resulting from any infringement of the aforementioned rights shall be borne by the customeralone. Upon placement of the order, customerassures that the contents of the transmitted 3DM and STL files also do not infringe penal laws in any other way. In the event of CadPrintWaxbeing sued by third parties on account of an infringement of the aforementioned rights, the customershall hold CadPrintWaxcompletely harmless against all and any claims of third parties.
CadPrintWaxcan amend the terms and conditions for the use of the offer forming the object of the contract at any time. CadPrintWaxshall notify the customerof the alterations by a reference on its Internet site. Insofar as the customermakes use of the offer by CadPrintWaxfollowing reference to an alteration, it shall accept this alteration. CadPrintWaxcan end or revoke one or all aspect(s) of its offer in its own free discretion and without prior notification.
Upon appearance of an updated version of the General Terms and Conditions of Business, older versions shall lose their validity. Place of performance for the contractual obligations and performance shall be the registered office of CadPrintWaxto the extent legally admissible.
The contract shall be governed by the US law. Should a provision of the present General Terms and Conditions of business be or become ineffective and/or null for any reason, the validity of the remaining provisions shall remain unaffected. Ineffective and/or null provisions must be replaced in such a way that the envisaged economic purpose is achieved.
15) Venue and applicable law
The venue at the registered office of CadPrintWaxshall be deemed agreed for all claims resulting from the business relationship to the extent legally admissible. The US law shall apply exclusively.
27 January 2015