1. Application of Terms
These terms and conditions govern the legal agreement between you and 3D Print For Me and supersede any previous representations and communications.
Your purchase of goods or services from 3D Print For Me or through 3dprintforme.com.au (Website) is subject to these Terms and Conditions of Sale (Terms). If you do not accept these Terms, you must refrain from using this website or purchasing goods or services from 3D Print For Me.
2. Order and Payment
Representations of goods or sale made by the Website do not constitute an offer to sell but an invitation to treat.
By placing an order for any of the goods through our Website, you are offering to purchase the goods.
Where 3D Print For Me accepts your offer, 3D Print For Me will sell the goods to you in accordance to these Terms.
All orders through the Website are subject to availability and confirmation of the order price. Whilst we make all efforts to ensure that our pricing is accurate, errors can occur.
If your order is not accepted by 3D Print For Me, 3D Print For Me will notify you by telephone or email and arrange for a full refund of any payment made by you. 3D Print For Me may, in its sole and absolute discretion, accept or reject any offer made by your for any reason (or no reason), including an error in the advertised price.
3D Print For Me will be deemed to have accepted your order when your order is delivered to your specified delivery address.
3. Title and Risk
Title and risk in the goods, such as loss and damage, passes to you on delivery of the goods to the delivery address provided by you at the time of your order.
4. Delivery
3D Print For Me will use reasonable endeavours to meet delivery dates quoted. Any delivery dates quoted are only best estimates.
Under no circumstances will 3D Print For Me be liable for any loss or damage arising from late or non-delivery.
Delayed delivery of goods does not constitute grounds for cancellation of your order or termination of this contract.
5. Cancellations
You may cancel your order where 3D Print For Me has breached a material term of these Terms.
In all other circumstances, 3D Print For Me may accept cancellations for your order at its absolute and sole discretion provided you contact us by email as soon as possible and your order has not yet been processed.
3D Print For Me reserves the right to refuse or cancel an order if stock is unavailable.
If goods are damaged upon delivery, please contact 3D Print For Me immediately. Do not return the goods to us before 3D Print For Me instructs you to do so. Please ensure all goods are returned unused and in full packaging so 3D Print For Me can assess the damage appropriately. 3D Print For Me will only accept returns of goods in the state upon which they were received.
6. Warranties
Except as expressly set out in these Terms, and subject to any terms, warranties or conditions that by law may not be excluded (including those under the Australian Consumer Law), all conditions, warranties, terms, and obligations expressed or implied by law or otherwise relating to the performance of 3D Print For Me’s obligations under these Terms, or any goods or services supplied, or to be supplied, by 3D Print For Me under these Terms, are excluded and the rights set out in this clause 6 are your sole and exclusive remedies with respect to the goods and services.
Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights under the Australian Consumer Law and other Australian Laws which cannot be modified or excluded.
3D Print For Me warrants that all goods supplied by 3D Print For Me to you will be free of defects in materials and manufacture until the date falling 12 months from the date of delivery of the goods or services (Warranty Period).
3D Print For Me’s warranty does not cover:
- Maintenance, repair or replacement of any goods due to fair wear and tear;
- Maintenance, repair or replacement of any goods due to misuse; and
- Maintenance, repair or replacement of externally exposed parts where scratches have resulted from ordinary use of the goods.
3D Print For Me does not warrant or guarantee that any artefact created through use of the goods will be fit or available for any particular purpose.
This warranty is not transferable or assignable.
7. Liability
The liability of 3D Print For Me and its employees or agents for a breach of any warranty or liability which cannot be excluded, restricted or modified by law is limited, at 3D Print For Me’s option to:
- the replacement of the goods or supply of equivalent goods;
- the repair of the goods;
- refunding the amount paid for the goods or services;
- re-performing the services; or
- subject to the prior agreement of 3D Print For Me and you, the payment of the costs of replacing the goods or the payment of having the goods repaired.
- Notwithstanding anything to the contrary in these Terms, the liability of the 3D Print For Me howsoever arising shall in no circumstances exceed the amount paid by you to 3D Print For Me in the preceding 6 months.
- In no event, whether for breach of warranty, breach of contract, negligence or otherwise shall 3D Print For Me be liable for any indirect, special, incidental or consequential damages including without limitation loss of profit or revenues and downtime costs sustained by your or your customers to the full extent such may be disclaimed by law.
- 3D Print For Me is not liable for any loss or damage where goods are not used in accordance with all instructions, directions and Safety Guidelines provided by 3D Print For Me or the manufacturer.
- We make no representations concerning the functionality and worth of the artefacts created through the use of the goods and we are not responsible for any copyright compliance, or legality of material or content created by you.
8. Indemnity
To the maximum extend permitted by law, you indemnify 3D Print For Me against all loss (including claims by third parties) arising out of or in connection with the performance of the services, supply of the goods or your breach of the Agreement. This indemnity includes legal costs on an indemnity basis and any GST payable by 3D Print For Me in relation to this indemnity.
9. Restrictions
All goods supplied by 3D Print For Me shall only be used for purposes that are compliant with Australian law.
10. Termination
Either party may, without affecting any other rights they may have, terminate or suspend any contract with immediate effect by giving notice to the other party if the other party:
- breaches any provisions of the Terms and fails to remedy the breach within 7 days after notice requiring them to do so;
- breaches a material provision of this Agreement where the breach is not capable of remedy;
- ceases to be able to pay their debts as they become due; or
- becomes subject to any form of insolvency or bankruptcy action that is not dismissed within 60 days.
11. Applicable Law
These Terms shall be governed by the laws of Queensland and the parties agree to submit to the non-exclusive jurisdiction of the Courts of Queensland.
12. Enforce-ability
Each provision of the agreement between you and 3D Print For Me is divisible. The invalidity or unenforceable of any provision within the agreement shall not affect the validity or enforce-ability of the agreement as a whole.