TERMS & CONDITIONS
USE OF THE WEBSITE
You agree to use the www.addform.eu website in accordance with all applicable laws, rules, regulations and these Terms and Conditions. You agree not to download or transmit through the website any computer viruses, Trojans, worms, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of your computer.
The information and content provided on the www.addform.eu website and your access to the website in itself does not create business relationship between you and Addform.
You are responsible for maintaining the confidentiality of your account password, if such is created to you on www.addform.eu, and you are responsible for all activities that occur under your account. In the event of unauthorized use of your account, immediately inform Addform so we can take measures to protect your account and content.
All information and content on the www.addform.eu website or obtained through the website is provided “as is” and without warranty of any kind including, but not limited to merchantability, fitness for a particular purpose, or warranty against interference or breaking products of our services.
Addform does not warrant that the use of the website will be uninterrupted or error-free, or that any errors or defects will be corrected or corrected.
Addform shall not be liable to any client, user or any third party for any direct damages, lost profits, revenues, business opportunities or for loss of profits, business, contracts, use, data or other economic advantage, indirect, punitive or consequential damages, damages or expenses, direct or indirect connections relating to the use or misuse of the website or the information or content.
Intellectual property rights in the content of the www.addform.eu website belong to Addform or its licensors. All rights are reserved to Addform or its partners.
Addform.eu website contains links to other websites that are not controlled by Addform. For example, to submit order request the clients are referred to Digifabster application. Read and consider also the Terms of Service for Digifabster before you continue. Addform is not responsible for the content of such other websites and Addform does not necessarily endorse the content of such other websites.
In these Terms and Conditions we use the following terms:
“Addform” – ADDform OÜ, Registered with Estonian Commercial Register under registry code 16144474, with its office at Värvi tn 5, Building B (2nd Floor) D209 2-4 10621 Tallinn, Estonia; us.
“Confidential Information” – any information that: (i) is defined in writing as confidential and received from the client by Addform or from Addform by the client; (ii) directly or indirectly disclosed to the client by Addform before or after the signing of the agreement for the provision of the services, including the discussion of future Addform products or services.
“Costs” – includes the costs of creating, packaging, transporting, shipping the product.
“Client” – a legal entity or individual, a client; you.
“Design” – a document or electronic file used by Addform to perform the services at the request of the client, which is: original design and / or modified design.
“Force majeure circumstances” – as defined in the law and occasions generally perceived as force majeure.
“Intellectual Property Rights” – all intellectual and / or industrial property of any kind (including but not limited to: patents, subsidiary protection certificates, know-how rights, registered trademarks, registered designs, database rights, topography rights, any rights to any invention) in any country in the world.
“Materials” – the documents or other materials provided by the client to Addform in physical or electronic form for the purpose of providing Addform services.
“Model” – a design, drawing, model or prototype of the product.
“Modified Design” – the original design modified by Addform as a result of the services.
“Order” – an order of the client for the provision of services by Addform to the client, made in writing using the online ordering tool available through the Addform website or other means of communication acceptable to Addform.
“Original Design” – any design, product, materials, element or object created by or licensed to the client and provided by Addform for use as part of the provision of Addform services.
“Product” – a three-dimensional object created on the basis of the design by Addform for the client.
“Services” – the services provided or to be provided to the client by Addform, including 3D printing related consultations, design and of course, printing.
“Client content” – any content you upload to the website, including but not limited to all uploaded 3D models, images of 3D models, comments on the Website.
“Website” – the Addform website at https://addform.eu/.
APPLICATION OF TERMS AND CONDITIONS
These Terms and Conditions shall apply to all services provided by Addform to its clients either via www.addform.eu or otherwise, to the extent applicable.
INQUIRIES, ORDERS AND FORMATION OF CONTRACT
Clients are welcome to make inquiries regarding the purchase of the services. Addform has special form for inquiries available at www.addrform.eu. Clients are welcome to use other means of contact as well. In case an inquiry is beyond Addform’s best business competence or Addform is unable to deliver for any other reason, we will let you know.
Please note that while we process all inquiries it does not automatically constitute acceptance of inquiry or purchase order. All inquiries and purchase orders are subject to our explicit consent. It is in the best interest of everyone we take on orders we are sure we can deliver with highest quality and terms acceptable to you. In legal terms, an order will constitute an offer by the client to purchase services from Addform in accordance with the terms of these Terms and Conditions.
In the interest of swift processing of all inquiries and making due deliveries, we expect the following from our clients:
a) Client has taken the time and read through Addform service and delivery terms available on www.addform.eu, understands them and accepts them, including these Terms and Conditions,
b) The client guarantees that any order is accurate and complete,
c) All information provided to Addform at the time of placing the order or disclosing additional information is final, accurate and complete.
An order from Client to Addform should include at least the following information:
– a description of the requested services,
– the requested number of products,
– requested pickup / delivery date,
– receipt / delivery address,
– contact details (username, phone number, email address / company name, company registration number),
– billing address,
– Client’s account number and signature by an authorized person who has the authority to sign.
The client acknowledges that the performance of Addform’s services is dependent on the information provided. Absent or conflicting information may lead to longer processing of your order. Client will notify Addform immediately if there is any change to the information provided by the client.
Addform refrains from all liability for any loss or damage arising from client ‘s failure to provide complete and accurate information regarding the foregoing.
Addform reserves the right to accept or reject any order at its sole discretion.
Contract for rendering you services is concluded only once both parties have fully accepted the terms for delivering the services (quantity, quality, delivery term, packaging, delivery terms, etc).
We will notify the client when its order is ready and deliver it as agreed. Picking up the order from Addform site is possible. Shipping the order will take place at the cost of the client and should be agreed beforehand. Client is responsible for disclosing all special requirements for shipment of the products.
The delivery time is usually 10 working days, unless stated otherwise in the acceptance notice. Express delivery is possible, please ask for specific terms.
SERVICE PRICE AND PAYMENT
Price for each service is given individually and shall include all costs and taxes, if not stated otherwise. Payment terms will be provided with price offer.
For small one-time orders we apply prepayment, final acceptance of such orders are dependent on receipt of the prepayment.
Addform is not obliged to proceed with the services until agreed prepayment is paid and received by Addform.
All payments are made in euros.
ACCEPTANCE AND NON-CONFORMITIES
Upon Delivery of the product, Addform the client will inspect the product immediately. Any complaints or shortcomings should be notified to Addform withing 5 calendar days as of delivery of the products. A nonconforming product may be returned to Addform within the specified time frame in the condition it existed upon delivery. If there is a discrepancy in the state of the product that have occurred only after the delivery of the products (for example, traces of use), it cannot be returned by Addform.
The parties hereby mutually agree that non-conformity of a product exists only in case:
– The product is not in line with the desing (whereas Addform is not to be hold liable for design faults beyond its scope of service),
– The product is damaged before delivery,
– The quantity is not in accordance with the order,
– Products are not delivered on-time.
If Addform is in breach of existing contract for services, the client will give Addform notice and 14-day period to rectify the situation.
TERMINATION OF ACTIVE ORDERES
Client may withdraw from active contract or order at any time at its own cost. Prepayments are not refunded. If prepayment has been used to purchase materials for client’s order, the materials will stay with Addform. If Addform has already started performing on the order, the client will reimburse Addform the cost of production until then and receive ownership to the products already produced.
In case the client terminates order less than 5 days before production of its order commences, the client will pay Addform one-time contractual penalty equal to 20% of the order value.
MATERIALS SUPPLIED BY THE CLIENT
Client represents and warrants that it owns or has the right to provide a design, drawing, model or prototype (“Model”) for use through the website in order to obtain the services from Addform. Client agrees to grant Addform a non-exclusive, transferable license to copy, modify and use each model that it submits through the website or otherwise solely for the purpose of providing the services requested by the client.
The selection of the services (as well as their suitability for the client) and their suitability for any client’s needs remains the sole responsibility of the client.
Addform will provide the services with reasonable care and skill.
The client acknowledges and agrees that the result of the services is completely dependent on the materials and original design and on the Client’s specification in relation to the product (including all the details in the design).
EXCLUDING THE TERMS AND WARRANTIES EXPRESSLY STATED IN THESE TERMS AND CONDITIONS, ADDFORM EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OTHER CONDITIONS AND WARRANTIES (EXPRESS OR IMPLIED, LAWS).
INTELLECTUAL PROPERTY RIGHTS AND EXPLOITATION
The client is solely responsible for the content that he uploads to the website or submits to Addform via other means.
By submitting an order to Addform, the client confirms that he owns and / or has obtained from a third party the rights necessary to send this Order to Addform for production and commercial use without infringing any Intellectual Property Rights. Addform will not claim any rights to your design. In case that Client’s Content is found to be in violation of any law, the client will protect Addform from third party claims and will be liable for all (direct and indirect) damages and costs incurred by Addform in relation to such claims.
All rights to the documentation, data, software and / or information created by or on behalf of Addform remain the property of Addform or its licensors, unless any intellectual property created or generated in relation to the original design, modified design and / or the product will belong to the Client.
The client grants Addform a non-exclusive worldwide royalty-free (sublicense) license to use, copy, translate and modify intellectual property rights related to:
(i) Original design, Modified design and each item; and
(ii) improvements and / or amendments to the Original design or any Modified design.
Addform will not be held liable in the event of a delay in execution and / or cancellation of compliance with these Terms and Conditions due to Force Majeure.
Except in cases of succession, without the prior written consent of the other party, none of the parties, including its employees, agents, has the right to use, publish or disclose to anyone any information that is Confidential, received from other parties, except to fulfill their obligations under these Terms and Conditions. An exception is Confidential Information, which:
(i) has become publicly available and is in the public domain, unless such information has been unauthorizedly disclosed by the receiving party; or
(ii) disclosed or may be disclosed without breaching confidentiality; or
(iii) is currently known to the party who has the right to disclose this information; or
(iv) is required to be disclosed by law.
In case that any part of these Terms and Conditions is held invalid, this will not affect the validity of the remaining parts.
These Terms and Conditions shall be governed by and construed in accordance with Estonian law.
These Terms and Conditions may be changed or supplemented by Addform at any time. These Terms and Conditions were last revised on 08.04.2021.
If you have any questions regarding these Terms and Conditions, please contact Addform via email to email@example.com.