TERMS & CONDITIONS of colorFabb B.V.
Version March 2013
This page contains the terms and conditions (the “Terms and Conditions”) on which colorFabb B.V.supply any of her products (each a “Product”) that are listed on her website http://colorfabb.com (the “Site”) or are sold otherwise to you. Please read these Terms and Conditions carefully before ordering any Products. You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions.
- 1. Applicability
- 2. Offers and agreements
- 3. Prices
- 4. Payment
- 5. Delivery and delivery time
- 6. Revoke rights
- 7. Returning products
- 8. Ownership
- 9. Guarantees and liabilities
- 10. Force majeure
- 11. Intellectual property
- 12. Personal data
- 13. Applicable law and rights
- 14. Use of Site
- 15. Participation Disclaimer
- 16. Indemnification
- 17. Miscellaneous
- 18. Privacy
- 19. Entry into force
1.1. These terms and conditions apply to all offers and all agreements regarding the orders of colorFabb B.V..
1.2. In addition to these General Terms and Conditions, explicitly defined Additional Terms and Conditions may apply to certain services and/or products. Should there be deviations between the General Terms and Conditions and the Additional Terms and Conditions, the Additional Terms and Conditions will prevail over the General Terms and Conditions, unless explicitly stated otherwise.
1.3. If any provision of these terms and conditions are invalid or invalidated, the other provisions of these General Terms and Conditions will remain in full force and colorFabb B.V. and its contracting party will enter into consultation for the purpose of agreeing on new provisions to replace the invalid or invalidated provisions, where the objective and meaning of the invalid or invalidated provision are considered as much as possible.
1.4. Deviation of these General Terms & Conditions is only possible after explicit confirmation by colorFabb B.V. in writing, in which case the other provisions of these general terms and conditions will remain in full force.
1.5. The applicability of the general terms and conditions invoked by the contracting party is explicitly rejected, unless explicitly confirmed in writing by colorFabb B.V..
1.6. “Contracting party” is defined as every natural person or legal person with a contractual relationship with colorFabb B.V..
1.7. colorFabb B.V. has the right to adjust these General Terms and Conditions from time to time.
1.8. By placing an order, the contracting party accepts these General Terms and Conditions as well as all other rights and duties stated on the website of colorFabb B.V..
1.9. colorFabb B.V. is allowed to outsource activities to third parties when carrying out an agreement with the contracting party.
2.1. Offers or quotations should be regarded as an invitation to the potential buyer to make an offer. colorFabb B.V. is in no way bound to such matters, unless explicitly confirmed in writing. Acceptation of the invitation by the potential buyer to make an offer counts as a valid offer and leads only to an agreement in case of fulfilment of the following aspects of this article.
2.2. Specific offers are valid as long as the stock permits.
2.3. A personalised quotation is valid for two (2) weeks, unless another term is mentioned in the quotation.
2.4. An offer from the potential buyer as mentioned in article 2.1 is made when:
• the potential buyer has entered his personal data on the website and the data has been sent electronically to colorFabb B.V. and received by colorFabb B.V., or;
• the potential buyer explicitly indicated the desire, by word, telefax, or through writing to receive a certain product and/or service, or;
• a quotation is signed by the buyer and received by colorFabb B.V. in case colorFabb B.V. issued a personalised quotation.
2.5. An agreement, including any change or supplementation hereto, takes first binding effect for colorFabb B.V. when an order confirmation has been issued to the buyer, by e-mail or other means. This agreement can be revoked by colorFabb B.V. in case the buyer does not meet the requirements or has failed to do so in the past. In that case, colorFabb B.V. will report such findings to the buyer within ten (10) days after receiving the order.
2.6. Buyer and colorFabb B.V. explicitly agree that, when using electronically means of communication, a valid agreement comes into effect after meeting the requirements specified in article 2.4 and 2.5. In particular the lack of a written signature does not reduce the binding force of the offer and the acceptance thereof. In that case the electronic files of colorFabb B.V. count, as far as the law allows, as a presumption of proof.
2.7. Buyer can't add or remove any item to an order that has already been placed. Orders won't be combined, before or after they're placed, unless agreed upon in writing by colorFabb. All items that need to be combined have to be in one order.
2.8. colorFabb B.V. reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to the buyer. colorFabb B.V. also may require verification of information prior to the acceptance and/or shipment of any order.
2.10. Information, images, oral announcements, records, etc. regarding all offers and the most relevant characteristics of the products that are provided by telephone or e-mail are always as accurate as possible. colorFabb B.V. does not guarantee that all offers and products completely correspond to the provided information. Deviations can never lead to reimbursement or dissolvement of the agreement.
3.1. All prices are expressed in Euros, in accordance with the legal regulations.
3.2. Special offers are only valid as long as the stock permits.
3.3. The buyer owes the price as defined by colorFabb B.V. in the order confirmation in accordance with article 2.5 of these General Terms and Conditions. Any (manipulation) errors in the quotation, such as evident flaws, can be corrected by colorFabb B.V., even after reaching the agreement.
3.4. Transportation costs will be separately mentioned. Special rates apply for deliveries outside the Netherlands. Transportation costs may not be mentioned on the offer, quotation or order confirmation, but will be on the invoice nonetheless.
3.5. When the prices of the offered products and/or services have increased during the period between ordering and execution of the order, the buyer is entitled to cancel the order or dissolving the agreement within ten (10) days after announcement of the price increase by colorFabb B.V..
3.6. In the event that a colorFabb B.V. product is mistakenly listed at an incorrect price, colorFabb B.V. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. colorFabb B.V. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and/or credit card charged. If buyers credit card has already been charged for the purchase and the order is cancelled, colorFabb B.V. shall issue a credit to the credit card account in the amount of the incorrect price.
4.1. Orders should be paid by 100% down payment. colorFabb B.V. can include other payment options in the future. Other payment options will be announced on the website.
4.2. In case colorFabb B.V. agreed on an alternative payment period, the expiration of this term automatically leads to the omission of the buyer. Alternative payment periods can only be agreed on in writing under special conditions.
4.3. Non-payment or untimely payment by the buyer leads to a due interest of 1,5% per month, from the day that the payment should have taken place, at which a part of a month counts for a full month.
4.4. The costs, both in and out of court, caused by non-fulfillment, late fulfillment or improper fulfillment of the obligations of the buyer, are payable by the buyer.
4.5. colorFabb B.V. is permitted, in case of untimely payment by the buyer, to directly dissolve the agreement or delay the delivery to the moment that the buyer has completed his payment duties, including the payment of due interest and other costs.
5.1. Orders will be delivered as quickly as possible. colorFabb B.V. aims to send the products within ten (10) working days after receiving the order and down payment. The final delivery date is thirty (30) days after receiving the order, not including down payments, at which the final delivery date is thirty (30) days after receiving the payment. An agreed delivery time is always indicative and neither a deadline, nor can any rights be derived from exceeding the delivery time. colorFabb B.V. can announce information regarding delivery times on the website or by other written means. Such information is always indicative.
5.2. In the exceptional case that items cannot be shipped in the desired period, colorFabb B.V. will contact the buyer pro-actively to try to come to a solution on how to proceeed, including the option to cancel the order.
5.3. Orders are shipped to the delivery address noted in the buyer order. For international orders, buyer is also responsible for any tariffs, taxes, fees, VAT, duties due upon receipt.
5.4. Immediately after the goods have been delivered, the buyer bears the risk for all direct and indirect damage that maybe caused to or by these goods or components. The buyer also bears the risks of transportation from the moment of delivery. Buyer is responsible for filing any claims against carriers for damaged and/or lost shipments.
5.5. colorFabb B.V. is not responsible for delays, loss or damage from shipments sent to incorrect, invalid addresses or correct addresses. Orders may end up being returned for various reasons including: non-payment of tariffs, incorrect address, unclaimed at post office, etc. If a package is returned or rejected, the buyer will be contacted and will have to pay for re-shipment postage.
6.1. The buyer may exercise his revoke right within seven (7) working days after delivery of the product, without penalty and without stating reasons. The buyer can claim guarantee provisions only when the product and the packaging are returned within this period in original, complete, undamaged and unused conditions. All sent documentation, proof of guarantee and packaging materials should be included in the return delivery.
6.2. colorFabb B.V. is never liable for any damage, theft or loss of the product or packaging during the return delivery.
6.3. The costs of the return delivery of the product are for the buyer.
6.4. In case the buyer exercised his revoke right as mentioned in the previous articles, colorFabb B.V. will have to reimburse the cash value of the delivered goods within thirty (30) days after the products have returned to colorFabb B.V..
7.1. Upon delivery of the goods the buyer inspects the conditions of the goods. In case damage has been inflicted to the goods of materials, the buyer will take all possible provisions to obtain compensation from the transporter.
7.2. All goods are checked before they are sent out. In the unlikely event that goods are faulty, they must be returned to colorFabb B.V. at the address listed on the order invoice. Returning products is only possible in combination with an original invoice and original, complete and undamaged products.
7.3. colorFabb B.V. does not take back any assembled machine or opened colorFabb B.V. kits. Products that have a total value below € 40,00 can not be returned to colorFabb B.V..
7.4. Missing parts should be mentioned in writing or by e-mail to colorFabb B.V. within fourteen (14) days after the delivering date.
7.5. Defective products manufactured by colorFabb B.V. will be replaced with the same, if they are send back within one (1) month after delivering and if colorFabb B.V. concludes that the product is indeed defective. colorFabb B.V. will not accept goods that have clearly been used more than the amount needed to evaluate their functionality. If the goods are found to be in working condition, and the lack of functionality is a result of lack of knowledge or assembly error on the buyers part, no refund will be made, but the goods will be returned to the buyer at their expense. If there is evidence that the product has been modified or that a fix has been done on it, colorFabb B.V. will not be made responsible and therefore will not provide an exchange.
7.6. Order cancelations or refunds apply with the following conditions: 1. - When colorFabb B.V. can no longer provide one or more items of the actual order (i.e. discontinued parts). 2. - When one or more items of the actual order are not expected to be shipped within 30 days or more. 3. - When one or more items of the actual order is marked as In Stock but was actually Out of Stock.
7.7. Return shipment is the responsibility of the buyer. All returns are credited as store credit upon receipt. A return merchandise authorization (RMA) is required for returns.
7.8 Return shipment is only possible if colorFabb B.V. has been informed beforehand with a clear definition of the reason(s) of returning the shipment, be it partially or complete. The buyer cannot claim any rights if the goods arrived unannounced.
8.1. The ownership of the goods, whether handled or unhandled, is transferred to the contracting party at the moment that the buyer pays colorFabb B.V. the full amounts payable pursuant to the agreement, including interest, costs and damages from products and/or services from this order, previous orders and future orders.
8.2. The buyer is not permitted to resell the products, even after the ownership of the goods have been transferred to the buyer, unless colorFabb B.V. has giving a written consent.
9.1. colorFabb B.V. sees it as a duty to deliver valuable products. However, all of the products and services colorFabb B.V. offers are experimental and intended for the “maker” community. These products are not tested by independent laboratories and should only be used by people who understand the risks. The products offered can be used to make machines of which nor the performance nor proper or safe operation can be guaranteed, as they are the sole responsibility of the experimenter that applies these products in their projects. Assembly instructions are only partly provided by colorFabb B.V. and may include contributions made by third parties. colorFabb B.V. cannot take responsibility for the safe nor proper execution of these assembly steps, nor does colorFabb B.V. accept responsibility of the functioning of the resulting assembly.
9.2. colorFabb B.V. is never bound to financially compensate the buyer or other parties, unless the damage was caused by intention or guilt. colorFabb B.V. is not liable for any indirect loss or damage incurred or damage regarding loss of income or profit.
9.3. In case colorFabb B.V. is obliged to financially compensate the buyer, the amount will always be limited to the invoice amount related to the product and/or service that caused the damage.
9.4. The guarantee of colorFabb B.V. does not apply if:
- the defects are (partly) the result of normal wear, injudicious or incorrect handling or use, injudicious or incorrect maintenance;
- the product is employed for purposes other than normal purposes or used incorrectly;
- the buyer or the end user does not strictly observe the operating instructions provided by colorFabb B.V.;
- the original invoice is missing, modified, or made unreadable.
9.5. When guarantee provisions are exercised, colorFabb B.V. can do the following:
- adjust the amount on the invoice;
- replace the delivered item by an article with equal specifications, or repair the delivered item, in which case the delivered item should be sent back to colorFabb B.V.
- take back the delivered item and revoke the agreement, while reimbursing the paid amount by the buyer, without being obliged to financially compensate the buyer for any damage. The buyer is obliged to give colorFabb B.V. three (3) possibilities to repair any deficiencies.
9.6. The buyer does not hold colorFabb B.V. liable for any claims resulting from third parties, unless the law strictly prohibits such damages and costs to be accounted to the buyer.
9.7. It is possible that colorFabb B.V. places links on its website to other websites that could be of interest for a visitor. Such links are solely informative. colorFabb B.V. is not liable for the content of the linked websites or the usage thereof.
9.8 colorFabb B.V. offers a limited range of 3D printers on its website. These printers are manufactured by third parties and not by colorFabb B.V., which only re-sells these products. Assembly and use fall within the responsibility of the end-user. colorFabb B.V. cannot be held responsible for incorrect use of these machines, defined by the manual, website or otherwise defined instructions of the manufacturer.
10.1. In case of force majeure, colorFabb B.V. is not obliged to fulfil its obligations to the buyer. The respective obligations will be postponed for the entire duration of the force majeure.
10.2. In these terms and conditions, force majeure is understood to mean any circumstance that is independent of the will of colorFabb B.V., even if this could have been foreseen when the agreement was entered into, which temporarily or permanently hinders the fulfilment of the agreement, including but not limited to war, a threat of war, civil war, riots, industrial actions, work member exclusion, transport difficulties, fire, days not worked because of unsuitable weather and other disruptions to the business of colorFabb B.V. or its suppliers.
11.1. The buyer explicitly acknowledges that all intellectual or industrial property rights relating to the products to be delivered pursuant to the agreement and or associated designs, documentation, reports, offers and associated preparatory material lie exclusively with colorFabb B.V., suppliers or other entitled parties.
11.2. Intellectual property rights include patents, copyrights, trademarks and other (intellectual property) rights, including technical and commercial know-how, methods and concepts.
11.3. The buyer is not allowed to modify any intellectual property rights as described in this article, for instance multiplication without explicit written approval from colorFabb B.V., its suppliers or other entitled parties.
11.4. The entire content of the colorFabb B.V. websites, including but not limited to text, graphics or code is copyrighted as a collective work under Dutch law and other copyright laws, and is the property of colorFabb B.V.. The collective work includes work that is licensed to colorFabb B.V.. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with colorFabb B.V. or purchasing colorFabb B.V. products. The buyer may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for buyers own non-commercial use, or to place an order with colorFabb B.V. or to purchase colorFabb B.V. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by colorFabb B.V..
11.5 colorFabb is a registered trademark and may only be used by third parties after explicit and written approval by colorFabb B.V.
12.1. colorFabb B.V. will process the personal data of the buyer in accordance with her privacy statement, which is stated on the website.
12.2. colorFabb B.V. fully respects the applicable laws and regulations regarding the processing of personal data.
13.1. Dutch law applies to the offers/agreement and further agreements.
13.2. The applicability of the Vienna Sales Convention (CISG) and the 1980 U.N. Convention on contracts for international sale of goods are explicitly excluded.
13.3. All disputes, of whatever nature – including those that are only considered by one of the parties as such – which occur with reference to the offer/agreement and further agreements between the parties, are settled by a competent court in the district where colorFabb B.V. is situated, unless the law explicitly appoints another court.
13.4 Any cause of action or claim the buyer has with respect to the websites or otherwise with respect to colorFabb B.V. (including but not limited to the purchase of colorFabb B.V. products) must be commenced within one (1) year after the claim or cause of action arises. colorFabb B.V.’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. colorFabb B.V. may assign its rights and duties under this Agreement to any party at any time without notice to the buyer.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a colorFabb B.V. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. The buyer may not upload to, distribute, or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. The buyer may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
colorFabb B.V. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. The buyer acknowledges that by providing the ability to view and distribute user-generated content on the site, colorFabb B.V. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, colorFabb B.V. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to colorFabb B.V. in its sole discretion.
The Buyer agrees to indemnify, defend, and hold harmless colorFabb B.V., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to buyers account (including negligent or wrongful conduct) by the buyer or any other person accessing the site using buyers Internet account.
17.1. colorFabb B.V. resides at (5951DK) Belfeld, Bremweg 7 and is registered at Chamber of commerce Venlo under company number 53498607. Please send all correspondence regarding these General Terms and Conditions to colorFabb B.V. at the address mentioned above or the address in the place as mentioned in this Terms and Conditions.
19.1. These terms and conditions will enter into force as of 01-12-2015. They have been lodged on 01-12-2015 with the Chamber of Commerce in Roermond number 53498607.