Version: 12 June 2018
Terms and Conditions Beamler B.V.
1. KEY TERMS
1.1. Beamler: Beamler B.V., located and established at Prinsengracht 432, 1017 KE, Amsterdam, The Netherlands ( also referred to as “we”, “us” or “our”).
1.2. 3D Files: 3D printable files supplied by a user.
1.3. 3D Print: 3D content turned into a physical object by a 3D printer, operated by a 3D Print Service.
1.4. 3D Print Service(s): A company who operates a 3D printer.
1.5. Content: 3D Files, images, videos, text, or any other content submitted by a User on the Website.
1.6. Customer(s): A User who places an Order through the Website.
1.7. Order: An order placed by a User through the Website for a print job with the selected 3D Print Service to turn the Users’ 3D Files into a 3D Print upon payment of the Printing Fee and Service Fee.
1.8. Printing Fee: the total fee due to the 3D Print Service for the printing services, including the start-up costs per printing job and the costs of the material used to produce the 3D Print, offered by the 3D Print Service..
1.9. Service Fee: the fee, consisting of twenty per cent (20 %) of the amount of the Printing Fee due to Beamler in consideration of the Services provided by Beamler and any applicable taxes (VAT);
1.10. Services: The services offered by Beamler through the Website as set forth in Clause 3 of these Terms and Conditions.
1.11. Terms and Conditions: these terms and conditions.
1.12. User: a natural person or legal entity making use of the Services that are offered through the Website.
1.13. Website: the website offered by Beamler at http://www.Beamler.com.
2.1. The Terms and Conditions govern the User’s use of this Website and the Services offered by Beamler. By using the Website and/or the Services, the User acknowledges by ticking the applicable box, to have read, understood and agrees to be bound by these Terms and Conditions and to comply with all applicable laws and regulations.
2.2. Beamler reserves the right to make changes to the Website, the Services and the Terms and Conditions at any time. Such amended Terms and Conditions shall be effective upon posting on the Website or through some other reasonable method. Beamler will take reasonable efforts to post notices regarding any changes to these Terms and Conditions. The User will agree to amended Terms and Conditions by ticking the applicable box.
3. BEAMLER SERVICES
3.1. The Services offered by Beamler through its Website solely exist of providing an online platform which facilitates 3D Print Services to offer 3D printing services to other Users and or Customers, including the payment transaction between Customers and 3D Print Services. The Services enable a Customer to upload 3D Files to our Website place an Order with the 3D Print Service in order to turn the uploaded 3D Files into a 3D Print. 3D Print Service The 3D Print will be shipped by the 3D Print Service to the Customer.
3.2. Beamler is not a party to any agreements entered into between a 3D Print Services and Customers, nor is Beamler a manufacturer or provider of any printing services or financial services.
3.3. Beamler has no control over the conduct of 3D Print Services and Customers, the Content uploaded to the Website by Customers and the 3D Prints and services provided by a 3D Print and Beamler disclaims all liability in this regard.
3.4. The information available on Beamler’s database regarding 3D printing materials and machines is based on information provided by manufacturers. Beamler is not responsible for the accuracy of the information provided.
4.1. The Services offered by Beamler are available only to individuals who are 18 years or older who can form legally binding contracts under applicable law and who have registered as a Customer on the Website by creating a Beamler account
4.2. The Customer or any visitor of the Website represents and warrants that all information he submits to the Website is accurate, truthful, lawful and does not infringe any rights of third parties. The Customer or any visitor of the Website warrants that it will not use the Service to:
· send any unsolicited mass mailings (“spam”); launch or use any automated means or process, including but not limited to “spiders”, “robots”, “load testers” etc., for sending more communication than a natural person could reasonably produce or to create Customers accounts;
· collect or store personal information from other Customers other than the information collected during the normal course of using the Service;
· threaten or harass any person or entity;
· gain or attempt to gain unauthorized access to any computer system, server, network or hardware of Beamler, other Customer or any other third party;
· in any way that could overload, damage, disable, disrupt or harm the Service or interfere with any other Customers’ use of the Service;
· adapt, modify or reverse engineer any of the systems or protocols of Beamler;
· reformat, resell, or redistribute the Service in any way without the explicit consent of Beamler in writing.
4.3. If a Customer does not respect the Terms and Conditions or any reasonable instructions from Beamler, Beamler can, at its sole discretion and without any compensation, deny the Customer any further access to the Website and/or any of its Services. Any attempt by a Customer to damage the Website or to undermine the legitimate operations of the Services may be a violation of criminal and civil laws and should any such attempt be made, Beamler reserves the right to seek damages from any such Customer to the fullest extent permitted by law.
5. 3D PRINT SERVICE
5.1. When a User creates a 3D Print Service it must provide at least the following information:
(a) Information about the 3D Print Service : (i) a description of the 3D Print Service ; (ii) his phone number; (iii) the relevant community in which the 3D Print Service will be active; (iii) his delivery preference; (iv) his exact location; (v) his bank details
(b) Printer details: (i) which printer the 3D Print Service uses; (ii) the quality of the 3D Prints; (iii) the start-up costs per printing job; (iv) the delivery time to complete the 3D Print;
(c) Material details: (i) the kind of material used for the 3D Print; (ii) the costs of the material per cm3; (iii) the available colours of the material.
5.2. A 3D Print Service may accept an Order submitted to them by a Customer. Upon acceptance of an Order and payment of the Printing Fee indicated in the Order, the 3D Print Service warrants to supply the 3D Print in the material selected by the Customer, within the standard technical boundaries of the 3D Print Service ’s 3D printer and within the delivery time indicated by the 3D Print Service 3 on the Website and confirmed in the Order.
5.3. To ensure the quality and user experience of the Website and its Services Beamler can, at its sole discretion and without any compensation, deny the 3D Print Service any further access to the Website and/or any of the Services if a 3D Print Service does not meet the requirements stipulated in Clause 5.2 or does not respect the Terms and Conditions.
5.4. 3D Print Services understand and agree that they are solely responsible for determining their applicable tax reporting requirements and any applicable taxes for the 3D printing services they provide to Customers through the Website.
5.5. 3D Print Services , accept as third-party beneficiaries and are thereby entitled to enforce directly against Customers, the following provisions:
(a) The representations and warranties provided to 3D Print Services by Customers as set forth in Clause 6.7.
(b) The agreement provided by Customers to indemnify and hold harmless the 3D Print Services as set forth in Clause 12.4.
6.1. Customers are solely responsible and liable for the Content they upload and will refrain from uploading restricted Content to the Website. If a 3D Print Service receives restricted Content from a Customer they shall refuse the Order and not supply a 3D Print of such Content and immediately inform Beamler about such Content.
6.2. Content is restricted if it:
(a) violates or infringes a third party’s rights, including but not limited to privacy, publicity or any intellectual property rights (including any copyright, patent, design right, trademark, trade secret or any other proprietary rights);
(b) contains pornographic or obscene content;
(c) contains information about or relating to firearms or any other weapons;
(d) contains information which is false, inaccurate, misleading, harassing, racially or ethically offensive, harmful to minors, libellous or defamatory;
(e) contains trojan horses, viruses, worms or other harmful or destructive software code;
(f) is contrary to or in violation of any applicable law or regulations, including any applicable export control laws and regulations.
6.3. By submitting Content (except for the User’s 3D Files) through the Services or Website, the Customer grants Beamler a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Content in connection with the Website and/or the Services, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels.
6.4. By submitting 3D Files through the Services or Website, the Customer grants Beamler and the 3D Print Service accepting the Order a non-exclusive, royalty free worldwide non-transferable license (i) to review the 3D Files on the basis of technical specifications (including but not limited to checking for any technical errors); and (ii) to use the 3D Files for the manufacturing of the 3D Print in order for the 3D Print Service to fulfil the Order placed by the Customer.
6.5. In the case that the Customer has indicated his consent by indicating that the 3D Files are public 3D Files, the Customer grants Beamler a non-exclusive, royalty free worldwide non-transferable license to display the 3D Files on the Website. .
6.6. The Customer represents and warrants that it has all rights to grant the licenses of Clause 6.3, 6.4 and 6.5 without infringing or violating any third party rights, including without limitation, any privacy rights, publicity rights, intellectual property rights (including any copyright, patent, design right, trademark, trade secret or any other proprietary rights) or any other proprietary rights.
6.7. A Customer placing an Order with a 3D Print Service represents and warrants to that 3D Print Service that he has all rights to grant the licenses of Clause 6.4.ii without infringing or violating any third party rights, including without limitation, any privacy rights, publicity rights, intellectual property rights (including any copyright, patent, design right, trademark, trade secret or any other proprietary rights) or any other proprietary rights.
6.8. Beamler does not claim any ownership rights of the Content and has no obligation to review the Content and can in no way be held responsible for the Content uploaded to its Website or Services. Notwithstanding the foregoing Beamler can remove and/or block any Content uploaded to its Website or Services for any reason and without notice.
7.1. To order a 3D Print Service 3D Print Service to print 3D Files, the Customer has to follow the online ordering process on the Website. This ordering process consists of the following steps:
(a) Upload or Select 3D Files. The Customer has to (i) upload his 3D Files in the file format indicated on the Website or select any of the 3D Files made available for such purpose by Beamler or other Users on the Website;(ii) select the preferred 3D Print Service ; (iii) select the material and color of the 3D Print; (iv) provide his billing information in order to process the payment; (iv) review the details of his Order; (v) confirm his Order.
(b) Technical review 3D Files. The Order will be reviewed by Beamler. During this process the 3D Files submitted to the Website will be reviewed on the basis of technical specifications (including but not limited to checking for any technical errors) and Beamler will check the availability of the selected 3D Print Service by forwarding the Order to the 3D Print Service ;
(c) Acceptance of Order by 3D Print Service . The 3D Print Service can review and accept the Order within 24 hours after receiving the Order. Upon acceptance of the Order by the 3D Print Service , Beamler will automatically send the Customer an Order confirmation on behalf of the 3D Print Service to the e-mail address associated with the Customer’s Beamler account. If there are any errors in the Order confirmation the Customer should contact Beamler and / or the 3D Print Service as soon as possible. The3D Print Service shall inform Beamler within 24 hours after receiving an Order if they are not able to accept the Order. If there is no response from the 3D Print Service within the given timeframe Beamler may cancel the Order.
(d) Payment. The Customer has to pay the total amount indicated on the Order confirmation within 48 hours after the Order has been accepted by the 3D Print Service by completing the payment process indicated on the Website. The Customer pays the full amount (Printing Fee and Service Fee) to Beamler whereby Beamler temporarily holds the Printing Fee on behalf of the 3D Print Service . The 3D Print Service may cancel the Order if the Customer has not paid the full amount of the Order within 48 hours after the Order has been accepted by the 3D Print Service . Payment is currently only possible by Credit Card, Paypal and some local payment services.
As soon as Beamler receives the full amount indicated in the Order confirmation, it will automatically inform the 3D Print Service by e-mail of this event. The 3D Print Service shall immediately start performing the 3D printing services upon receipt of this payment confirmation from Beamler.
The 3D Print Service shall complete the 3D printing services within the delivery time that the 3D Print Service has indicated on his profile
Within 4 days after the Customer or 3D Print Service 3D Print Service has indicated on the Beamler website that the order has been delivered Beamler will transfer the Printing Fee to the bank or Paypal account provided by the 3D Print Service
7.2. Beamler informs both the Customer and 3D Print Service about the status of the Order during the order process by sending emails to the email addresses provided by the Customer and3D Print Service in their Beamler account.
8. UNACCEPTABLE & CANCELLED ORDERS
8.1. Cancellation by Beamler or 3D Print Service. During the entire ordering process, including after acceptance of the Order by the 3D Print Service, Beamler and the 3D Print Service may, at their sole discretion, not accept or cancel an Order for technical or any other reasons, including but not limited to the technical unfeasibility to print the 3D Files, the 3D Files being in violation of the Terms and Conditions or any applicable law or regulations, or due to the non-payment of the total amount of the Order by the Customer.
8.2. Cancellation by Customer. Due to the personalized feature of the print services performed by the 3D Print Service, the Customer cannot cancel his Order after payment of the Order and the 3D Print Service has started his 3D printing services.
8.3. Beamler only facilitates the transaction between Customers and 3D Print Service. As a result Beamler has no control over the 3D Prints. Beamler does not provide any implied or explicit warranties relating to the 3D Prints and does not guarantee that the 3D Prints will be fit for any particular purposes. Please inspect 3D Prints upon receipt immediately.
8.4. Any reclamations or claims related to 3D Prints should be directly addressed to the relevant 3D Print Service and not to Beamler. Beamler disclaims all liability in this regard.
9.1. The indicated total amount of the Order includes the Printing Fee, Service Fee and any applicable taxes concerning the Service Fee, but excludes any import/export duties or shipping costs.
9.2. The Printing Fee, Service Fee or any other prices displayed on the Website are only indications and are valid only for the moment that they are displayed. The 3D Print Service and Beamler reserve the right to change any indicated prices on the Website without prior notice. Such a change will have no effect on Orders which have been confirmed by the 3D Print Service and paid by the User.
9.3. Beamler does its best to prevent errors in the pricing indicated on the Website. However, should an error occur, neither the Customer, the 3D Print Service or Beamler are bound by the Order and may cancel the Order. Any amounts paid related to that Order will be refunded to the Customer. All prices are indicated in the Customer’s local currency insofar this is reasonably possible.
10. INTELLECTUAL PROPERTY
10.1. All intellectual property rights, including but not limited to any copyright, trademark and database right, in the Services or Website and the selection and arrangement thereof belong to Beamler, its licensors or other third parties. All rights in the Services and Website not expressly granted herein are reserved.
11.1. In order to use the Services, Customers will be required to supply certain information about themselves when setting up a Beamler account, designating themselves as a 3D Print Service and placing an Order. Beamler has specified which information is required to use the Services. This information will be used by Beamler for the sole purpose of providing the Services.
12. LIABILITY & INDEMNIFICATION
12.1. In no event shall Beamler be liable for any damage whatsoever, whether in an action of contract or any tortious action, arising out of or in connection with the User´s access or use of the Services and Website or the printing services offered by the 3D Print Service, except to the extent such damages arise directly from the willful misconduct or gross negligence of Beamler and its senior management.
12.2. In the event the User´s country of residence does not allow any of the exclusions or limitations of liability or any of the disclaimers of warranties mentioned in the Terms of Conditions, such exclusions, limitations or disclaimers shall be limited to the maximum extent permitted by applicable law.
12.3. The Customer and/or User agrees to indemnify and hold Beamler harmless from and against all liabilities, claims, damages and expenses (including reasonable attorney fees) arising from or relating to any claims that result from your breach of these Terms and Conditions.
12.4. The Customer placing an Order with a 3D Print Service agrees to indemnify and hold that 3D Print Service harmless from and against all liabilities, claims, damages and expenses (including reasonable attorney fees) arising from or relating to any claims that result from the Customers’ breach of these Terms and Conditions the warranties and representations given mentioned in Clause 6.7.
13. APPLICABLE LAW AND JURISDICTION
13.1. The Terms and Conditions and any disputes in connection thereto shall be governed by and construed in accordance with the laws of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any dispute, claim or cause of action arising out of, or in connection with the Terms and Conditions or the User´s use of the Website or Services shall be submitted to the jurisdiction of the competent courts in Amsterdam.
13.2. Beamler does not guarantee that the Services offered through its Website can be used in locations outside the Netherlands. You are solely responsible that your use of the Services and Website complies with your local applicable laws.
14.1. If any provision of the Terms and Conditions is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
15. CONTACTING US
If you have any queries about the manner in which the Website is operated, the Services are provided, or how your personal information is used by Beamler, please contact us at contact@Beamler.com