General Terms and Conditions of Innofil3D BV
In these General Conditions, the following terms shall be understood to mean:
Innofil3D BV is registered in the Netherlands under registration number 62066420 of the Dutch Chamber of Commerce (Kamer van Koophandel). Our registered office is Eerste Bokslootweg 17, 7821 AT, Emmen, the Netherlands. Innofil3D BV develops, manufactures and sells monofilament for FDM 3D printing. The website www.innofil3d.com is operated by Innofil3D;
Contracting party :
the party who has engaged Innofil3D to deliver goods;
all products that have been ordered, as a consequence of or directly relating to the order, all within the widest sense of the word and in any event comprising the goods mentioned in the order confirmation;
any (purchase)agreement between the contracting party and Innofil3D, in compliance with the conditions of the order confirmation;
1. These Terms & Conditions apply to all offers, orders and other agreements with Innofil3D.
2. By placing an order, the contracting party accepts these Terms and Conditions as well as all other rights and duties stated on the website of Innofil3D.
3. Deviation of these Terms & Conditions is only possible after explicit confirmation by Innofil3D in writing, in which case the other provisions of these general terms and conditions will remain in full force.
4. By using the website, the user accepts these Terms & Conditions and agrees to comply with them.
5. Innofil3D has the right to adjust these Terms and Conditions.
3) Offer , Order and Agreement
1. The offers of Innofil3D represent a non-binding invitation for the contracting party to order goods from the website.
2. By ordering the required goods via this website, or in writing, the contracting party is entering a binding agreement to conclude a purchase.
3. Specific offers are valid as long as stock is available.
4. Each time when the contracting party engages Innofil3D and Innofil3D accepts this order, a separate agreement shall be arising.
5. Innofil3D has the right to refuse an order at all time.
6. Order cancelations by the contracting party or refunds apply with the following conditions:
1. The prices listed with the goods are listed in Euros, including VAT, and excluding costs of shipping and handling charges (if any) unless explicitly mentioned otherwise. The costs that should be paid by the contracting party will therefore always be higher than only the price for the goods.
2. The costs of shipping are mentioned on the website and refer to designated geographical zones.
3. The contracting party is responsible for any local sales taxes, other taxes and government levies, if any, associated with the order.
4. Prices at the time of placing an order are effective throughout the buying process. However, if software or human errors result in incorrect pricing, Innofil3D reserves the right to cancel the order or to adjust the price, whether or not the order has been confirmed and/or credit card charged. Erroneous prices are not legally binding.
5. Innofil3D shall at all time be entitled to alter prices in event of government measures that cause substantial prices rises.
6. If an order is cancelled by Innofil3D or the price is adjusted, notification will be given to the contracting party. If the price is adjusted, the contracting party has the right to withdraw from the order, in the manner and within the number of days as prescribed in the notification. If no prescription is given, the contracting party should notify Innofil3D in written within 2 working days, after receiving the notification.
7. If contracting party’s credit card has already been charged for the purchase and the order is cancelled, Innofil3D shall issue a credit to the credit card account in the amount of the incorrect price.
8. Innofil3D is subject to European Union VAT laws and will apply those law on agreements made with the contracting party.
1. Unless otherwise indicated in writing by Innofil3D, payment must take place within 14 days following invoice date by transfer of the outstanding amount to the bank account specified in the invoice. The date of payment shall be the date on which the amount is deposited into the bank account.
2. Innofil3D offers several possibilities for payments, which are announced on the website.
3. Timely payment is essential. Following expiry of the payment term, the contracting party shall ipso jure/automatically be in default, and from that date shall owe interest of equal to the legal interest as used in The Netherlands on the outstanding invoice amount. In addition, the contracting party is obliged to pay collection costs.
4. Innofil3D is at all times entitled, before undertaking (further) performance, to demand sufficient security or full or partial prepayment, or to send products cash on delivery.
5. If the contracting party falls short in complying with one or more of its obligations, all reasonable costs for obtaining extrajudicial fulfillment shall be for the account of the contracting party. The provisions in this paragraph are without prejudice to all other rights accruing to Innofil3D on the basis of law or these Terms and Conditions.
6. Innofil3D is permitted, in case of untimely payment by the contracting party, to delay the delivery to the moment that the contracting party has completed his payment duties, including the payment of due interest and other costs.
1. Unless otherwise indicated in writing by Innofil3D, delivery of the goods will take place ex works/ex warehouse. Innofil3D shall not be liable for damage to or destruction of the goods during transport, regardless of whether the transport has been organised by or on behalf of the contracting party, Innofil3D or third parties.
2. The goods shall be for the account and risk of the contracting party from the moment of delivery, even if ownership of the goods has not yet been transferred to the contracting party. Delivery is effected against a shipment fee. The exact costs of shipment are shown separately in the order.
3. For international orders, contracting party is responsible for any tariffs, taxes, fees, VAT, duties due upon receipt.
4. Innofil3D will determine a delivery time for each order. When no period is mentioned by Innofil3D, Innofil3D aims to send the goods within five (5) working days after receiving the order and down payment (if any). An agreed delivery time is always indicative and neither a deadline, nor can any rights be derived from exceeding the delivery time. Innofil3D can give information regarding delivery times on the website or by other written means. Such information is always indicative.
5. Immediately after the goods have been delivered, the contracting party bears the risk for all direct and indirect damage that maybe caused to or by these goods. Contracting party is responsible for filing any claims against carriers for damaged and/or lost shipments.
6. Innofil3D is not responsible for delays, loss or damage from shipments sent to incorrect, invalid addresses or correct addresses. Orders may be returned for various reasons including: non-payment of tariffs, incorrect address, unclaimed at post office, etc. If a package is returned or rejected, the contracting party will be contacted and will have to pay costs of re-shipment postage.
7) Reservation of ownership
1. Innofil3D reserves the ownership of the goods delivered and to be delivered to the contracting party until full payment has been received for all delivered goods and any claims from Innofil3D due to attributable shortcomings by the contracting party in complying with any agreement with Innofil3D.
2. As long as the ownership of the delivered goods has not been transferred to the contracting party, the contracting party may not pledge the goods or award any right to those goods to a third party. The contracting party is required to ensure the delivered goods against fire and water damage and theft, and to store those goods under optimum climate conditions.
3. If the contracting party falls short in complying with any obligation in respect of Innofil3D, or Innofil3D has goods reason to fear that the contracting party will fall short in complying with its obligations, Innofil3D is authorized to take back the goods delivered subject to reservation of ownership for the account of the contracting party, without prejudice to the right of Innofil3D to further compensation and other rights awarded to Innofil3D in law.
8) Revoke rights
1. The contracting party may exercise his revoke right within fourteen (14) calendar days after delivery of the goods, without penalty and without stating reasons. Therefor the goods need to be returned in original, complete, undamaged and unused conditions within fourteen (14) calendar days after the contracting party announced that he uses his revoke right. All sent documentation, proof of guarantee and packaging materials should be included in the return delivery.
2. Innofil3D is never liable for any damage, theft or loss of the goods or packaging during the return delivery.
3. The costs of the return delivery of the goods are for the contracting party.
4. In case the contracting party exercised his revoke right as mentioned in the applicable articles, Innofil3D will have to reimburse the cash value of the delivered goods within thirty (30) days after the goods have returned to Innofil3D.
5. Only standard items of standard sizes can be returned.
6. Goods that have been processed or used in any way can never be returned, unless it concerns defective goods as mentioned in the article below.
9) Warranty and complaints
1. Innofil3D offers a limited warranty that the goods will be free from defects under normal use for a period equal to the legally defined duration.
2. During the warranty period, the goods will be repaired or replaced by Innofil3D without charge of either parts of labour, if Innofil3D concludes that the goods are indeed defective. This warranty applies only on presentation of the original invoice.
3. This warranty does not cover damage caused by normal wear and tear and does not cover damage caused by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, non-compliance with the instructions, neglect or misapplication. Innoffil3D is not liable for (damages as a result of) those defects.
4. All goods are checked before they are sent out. Upon delivery of the goods the contracting party inspects the conditions of the goods. In the unlikely event that the goods are faulty, they must be returned to Innofil3D as soon as possible, along with an explanation of the defect, to the address provided by Innofil3D.
5. The contracting party should submit his complaints about the goods within a reasonable time after discovery. This means that the contracting party submits his complaints within 30 days after the moment he has discovered or he should have discovered the defect..
6. The warranty is without prejudice to all other rights accruing to the contracting party on the basis of mandatory law.
10) Goods, Content and Specifications
1. All features, content, specifications, goods and prices of goods described or portrayed on the website, are subject to change at any time without notice. Weights, measures, colors and similar descriptions are approximate and are only provided for convenience and estimation purposes.
2. Innofil3D cannot guarantee that a computer or mobile device will accurately display colors of the goods.
3. The inclusion of any goods or services on this website at a particular point in time does not imply or warrant that these goods or services will be available at any time.
4. Innofil3D cannot take responsibility for the safe nor proper execution of 3D printing steps, nor does Innofil3D accept responsibility of the functioning of the resulting 3D printed assembly.
11) Limitation of Liability
1. Goods offered on this website are to be used for 3D printing purposes only. Innofil3D takes no responsibility for any damage occurred by misusing materials for purposes other than 3D printing activities. Innofil3D also takes no responsibility for any damage or danger caused by printed objects. This is solely the responsibility of the user.
2. To the maximum extent permitted by applicable law, Innofil3D shall not be liable to the contracting party or to any third party for any damages either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to, damages for the inability to use or access the goods, loss of data, loss of business, loss of profits, business interruption or the like) arising out of the use of or inability to use the goods.
3. Innofil3D is never bound to financially compensate the contracting party or other parties, unless the damage was caused by intention or guilt.
4. The liability of Innofil3D shall be limited to an amount corresponding with the invoiced amount for the order from which the liability has arisen.
5. Innofil3D shall never be liable for compensation of the contracting party’s consequential and/or indirect damage, or damage regarding loss of income or profit, which is the result of or is related in any other way to an error in the performance of Innofil3D.
6. Innofil3D shall be entitled at all times, if and insofar as possible, to rectify the contracting party’s damage or to limit this through repair or improvement of the defective product.
7. The contracting party shall indemnify Innofil3D against all claims of third parties, which are directly or indirectly related to the performance of the agreement.
8. The contracting party shall indemnify Innofil3D against all possible claims of third parties in the event that Innofil3D is returning the order.
9. Innofil3D will not be liable for any loss or damage due to access to, use, inability to use, browsing or the information or services contained on the site of Innofil3D.
10. The above mentioned limitations of liability do not apply to the extent prohibited by law.
11. User instructions are only partly provided by Innofil3D and may include contributions made by third parties.
12) Force majeure
1. In case of force majeure, Innofil3D is not obliged to fulfill its obligations to the contracting party.
2. The respective obligations will be postponed for the entire duration of the force majeure.
3. In these Terms and Conditions, force majeure is understood to mean any circumstance that is independent of the will of Innofil3D, when the agreement was entered into, which temporarily or permanently hinders the fulfillment 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 conditions and other disruptions to the business of Innofil3D or its suppliers.
13) Intellectual property
1. The contracting party explicitly acknowledges that all intellectual and/or industrial property rights relating to the goods to be delivered pursuant to the agreement and or associated designs, documentation, reports, offers and associated preparatory material belong exclusively to Innofil3D, suppliers or other entitled parties.
2. Intellectual property rights include patents, copyrights, trademarks and other (intellectual property) rights, including technical and commercial know-how, methods and concepts.
3. The contracting party is not allowed to modify any intellectual property rights as described in this article, for instance multiplication without explicit written approval from Innofil3D, its suppliers or other entitled parties.
4. The entire content of the Innofil3D 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 Innofil3D. The collective work includes work that is licensed to Innofil3D. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Innofil3D or purchasing Innofil3D goods. The user 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 contracting partys own non-commercial use, or to place an order with Innofil3D or to purchase Innofil3D goods. 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 Innofil3D.
5. All content included on this site, such as text, photos, graphics, logos, button icons, images, audio/video clips, digital downloads, data compilations, and software is the property of Innofil3D or its content suppliers and protected by international copyright laws.
6. No part of this website may be copied, reproduced, duplicated, sold, resold, visited, filed, distributed or otherwise exploited without the expressed written consent of Innofil3D.
14) Third Party Links
1. Where www.innofil3d.com contains links to other websites and resources provided by third parties, these links are provided to the user solely as a convenience. These websites are not owned, operated or controlled by Innofil3D and Innofil3D therefore has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your usage of them.
2. Use of any other website linked to or from this website, is completely at user’s own risk.
2. Innofil3D may collect statistics regarding the use of it’s webshop, such as traffic patterns and related site information, but this information will not include any personal identifying information.
16) Access and use website and account
1. Innofil3D may suspend access to the website, or close it for a period of time.
2. It is not allowed to misuse and/or attack the website of Innofil3D in any way, for example by deliberately introducing viruses, Trojans, worms, or logic. One must not attempt to gain unauthorized access to Innofil3D’s site, server or any server, computer or database connected to our site.
3. If the contracting party has an account, Innofil3D may inhibit or terminate the account at any time, for any reason. The contracting party is personally liable for any orders placed or charges incurred through the account prior to termination. Innofil3D reserve the right to change, suspend, or discontinue all or any aspect of the (use of the) account at any time without notice.
17) Participation Disclaimer
1. Innofil3D 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 user acknowledges that by providing the ability to view and distribute user-generated content on the site, Innofil3D 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.
2. Innofil3D reserves the right to block or remove communications or materials that it determines to be abusive, defamatory, or obscene, fraudulent, deceptive, or misleading, in violation of a copyright, trademark or other intellectual property right of another or offensive or otherwise unacceptable to Innofil3D in its sole discretion.
If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. The contracting party and Innofil3D are deemed to have agreed to new terms and conditions in substitution for such invalid provisions. These new terms and conditions shall be interpreted, as regards their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived from them.
19) Applicable law and rights and jurisdiction
1. When these Terms and Conditions have been translated into other languages and differences have arisen, the text of these Terms and Conditions (English version) prevails over other versions.
2. These Terms and Conditions – and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) – will be only governed by and construed in accordance with the laws of the Netherlands, without giving effect to any principles of conflicts of laws. The effect of the Vienna Sales Convention (United Nations Convention on Contracts of International Sale of Goods) is expressly excluded.
3. All conflicts between parties will exclusively be brought before the competent court in the Netherlands. Notwithstanding, Innofil3D has the right to apply to the court in the district where the contracting party has his place of residence, if the place of residence is not situated in the Netherlands.