Terms & Conditions

Agreement

The following are terms and conditions of a legal agreement between you and Fami3D and its affiliates (collectively, “Fami3D”, “we”, “us” or “our”). These terms and conditions (collectively with Fami3D’s Privacy Policy, the “Terms and Conditions”) govern your use of fami3d.com, (the “Fami3D Website” or “Website”), and the services, features, and content we offer (together with the Website, “Fami3D Services” or “Services”).

By using the Services, you acknowledge you have read, understood and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. You also certify that any 3D file (“3D Model”) uploaded to the Fami3D Website does not violate any Hong Kong law or regulation. If you do not agree with these Terms and Conditions, you should not use the Website or Services.

Fami3D may modify these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the modified version on the Website. Your continued use of the Website shall be deemed your conclusive acceptance of the modified Terms and Conditions. However, contracts concluded on the basis of previous Terms and Conditions remain unaffected but you have to prove the terms which are applicable.

Orders placed by you are accepted and all contracts are made subject to these Terms and Conditions which shall prevail and be effective notwithstanding any variations or additions contained in any order or other document submitted by you. No modification of these terms shall be binding upon Fami3D unless made in writing by an authorised representative of Fami3D.

The Website is available only in English and Traditional Chinese, thus an order can be placed only in English and Traditional Chinese.

 

Usage of the Services

Fami3D offers the Services of manufacturing 3D Model. You can use the Services provided that you are of legal age to make a binding contract. In case you choose to work with our Services using an account, it will be protected by a password.

You are responsible for maintaining the confidentiality of your account password, and you are responsible for all actions that are done under your account. You will immediately inform Fami3D in case of unauthorised use of your account. Fami3D cannot and will not be liable for any loss or damage, arising from your failure to protect your account and/or your password.

You are solely responsible for 1) providing true, accurate, current and complete information about you as prompted in the Website account details section and 2) maintaining and promptly updating account information to maintain its accuracy, currency and completeness.

 

Ordering Process

If you want to manufacture your 3D Model, the ordering process happens as follows: you upload the 3D Model you would like to be produced by Fami3D; you choose the material, size and quantity of the 3D Model; you choose how the product(s) must be paid and delivered; you submit a request for quotation through the Website; Fami3D will send you a quotation e-mail (otherwise you have the possibility to follow up with us as the information you submit maybe inaccurate, incomplete or invalid); you place the order by 1) settling the payment and 2) replying with a prove of payment to the quotation e-mail.

If you want to manufacture our 3D Model, the ordering process happens as follows: you choose the material, size and quantity of the 3D Model you would like to be produced by Fami3D; you add the 3D Model into the shopping cart; you choose how the product(s) must be paid and delivered; you place an order through the Website; Fami3D will send you an order placement e-mail; you confirm the order by 1) settling the payment and 2) replying with a prove of payment to the order placement e-mail.

You must ensure that the information you submit in your order is accurate and complete before paying it. This is because the production starts immediately upon receipt of your payment and it is impossible to bring any modification. Should it not be the case, modifications will be allowed in so far it has been agreed by Fami3D in writing.

Fami3D will send you a confirmation e-mail after the order is paid in full amount. This confirmation means that a binding agreement will exist between you and Fami3D, except if there are technical or other reasons why we may not accept or may cancel your order during the entire ordering process, even after our acceptance of your order. Such reasons can be, but are not limited to, the unfeasibility of the 3D Model, an infringing feature of the 3D Model, or the destination of the delivery you indicate in your order. In case we cancel your partial or entire order, we will contact you via e-mail and, except in cases of fraud or other violations of our policies, issue you a full refund for the cancelled item(s).

The prices, charged upon placement of the orders, are calculated based on building types with a certain attainable level of detail. Due to technical reasons, it may be impossible for certain models to be produced in the requested material-size-quantity combination. In such cases, Fami3D undertakes best effort to contact you. In any case, Fami3D then reserves the right to either build the part with a different thickness and/or switch to another production technique, and apply any modification to the order resulting from such decision.

Fami3D recommends that you keep a printed copy of these Terms and Conditions as well as a copy of the order confirmation and invoice.

 

Price – Payment

The price calculated by Fami3D contains the cost for the services rendered by Fami3D, the manufacturing of the product and the shipment of the product, as well as taxes when applicable. There is no insurance. Other duties and taxes applicable for the delivery of the product, even if not mentioned in the invoice sent by Fami3D, will be paid by you.

The price is calculated in HKD. Offsetting against any kind of non-approved counter-claims as well as execution of right of retention of goods shall be excluded unless established in court, undisputed or recognised by Fami3D. Fami3D remains the sole owner of the products until their entire payment, transport and taxes included.

Separate parts of a quote can be invoiced separately. Fami3D reserves the right to refrain from execution of further components of a quote, or of a following quote, or to terminate a delivery, as long as the outstanding issued invoices remain unpaid. Fami3D retains full legal title to products until we have received in full all amounts due on those products and payment on any other products that you have ordered.

 

Term of Delivery – Risk of Transport

The actual delivery time is determined by a number of circumstances, for example (but not included to) working conditions applicable at the time the agreement is concluded, on the punctual delivery of the materials ordered by Fami3D for the execution of the order.

Should your payment details be incorrect, the delivery will be postponed until the correct information is received from you.

Fami3D uses its discretion in selecting a reputable carrier and appropriate means of delivery. All risks during transport are borne by you.

 

Inspection – Returns – Replacements – Refunds

Custom products are made immediately on the basis of your specifications, thus there is no right to return or possibility for cancelling your order within a certain period of time.

Standard products cannot be returned or exchanged unless the item(s) was/were received damaged or defective.

Upon delivery of the product, Fami3D expects that you submit the product to a thorough inspection. If, upon inspection, you feel that the product is not in conformity with the order, you should contact us as soon as possible and at the latest 1 day after your receipt of the product. In the case that you omit to exercise this control or decide to use a non-conform product, you dismiss Fami3D from any liability for the possible consequences of the usage of this product.

You should not return products without having received an explicit request from Fami3D to do so. If authorised by Fami3D, the return must include all original components (including, but not limited to, the original packaging, manuals, cables, etc.), and must use a shipping service that provides tracking. Fami3D will issue store credits to you once we receive your return.

Fami3D reserves the right to revoke and/or modify (part of) a quotation and/or order confirmation for technical reasons. The liability of Fami3D vis-à-vis you for real and proven damage will, regardless the gravity of the failure, be limited to the price of the product directly related to the reason of the claim. All other liability of Fami3D, such as that for consequential loss, other indirect loss and loss as a result of third-party liability, is excluded.

Internet communications are capable of data corruption and therefore Fami3D does not accept any responsibility for changes made to such communications after their dispatch. It may therefore be inappropriate to rely on information/advice contained in an e-mail without obtaining written confirmation of it. Fami3D does not accept responsibility for any errors or problems that may arise through the use of Internet communication and all risks connected with sending commercially sensitive information relating to your business are borne by you. If you do not agree to accept this risk, you should notify Fami3D in writing that e-mail is not an acceptable means of communication.

 

Intellectual Property

Fami3D grants you a limited, non-exclusive license to generate quotes and place orders with Fami3D. Fami3D retains all ownership and intellectual property rights to the Website. You may not cause or permit reverse engineering, disassembly or decompile the Website.

The copyright in the content of the Website is owned by Fami3D or other third parties. No part of the Website may be copied or reproduced for commercial purposes without the express written permission of Fami3D or the identified owner of the information and content.

You are solely responsible for the content that you upload on the Website. By submitting an order to Fami3D, you confirm that you are the owner and/or you have obtained from a third party the rights necessary for submitting this order to Fami3D for production and commercial use without any violation of any intellectual property rights. If the 3D Model you submit to Fami3D risks infringing the intellectual property rights of third parties, Fami3D reserves the right to either not produce the 3D Model or produce the 3D Model without the part that risks infringing the rights of third parties. Should your user generated content nevertheless be found to be infringing and/or in violation of any law, you will defend Fami3D against third-party claims, and be held liable for all (direct and indirect) damages and costs incurred by Fami3D with respect to such claims.

You acknowledge that electronic communications, databases and websites are subject to errors, malfunctions, tampering and break-ins, or that use thereof may result in damages to your systems or operations. While Fami3D will implement reasonable precautions to attempt to prevent such occurrences, you further acknowledge that Fami3D does not guarantee such events will not take place and that Fami3D will not be liable for any such occurrences. You shall be solely responsible for ensuring that any information or content downloaded from the Website or any other website accessed from the Website does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage its systems, software or data, and you shall indemnify, defend and hold Fami3D harmless from any liability, claim, cost or damage arising out of any third-party claim or suit caused by such virus or code or subroutine.

 

Limitation of Liability

The information and content provided on the Website and your access of the Website does not create any relationship between you and Fami3D.

ALL INFORMATION AND CONTENT ON OR OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. YOU HEREBY WAIVE ALL OTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. FAMI3D DOES NOT WARRANT THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY ERROR OR DEFECTS WILL BE OR CAN BE CORRECTED. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.

FAMI3D SHALL NOT IN ANY EVENT BE LIABLE TO ANY USER OR TO ANY THIRD PARTY FOR ANY DIRECT DAMAGES, LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR FOR LOSS OF INCOME, BARGAIN, REVENUE, CONTRACTS, GOODWILL, USE, ENJOYMENT, TIME, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE WHATSOEVER (BUT NOT TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIABILITY EXCLUSIONS OR LIMITATIONS FOR INTENTIONAL TORTS, GROSS NEGLIGENCE, DAMAGES ARISING OUT OF PRODUCT LIABILITY OR OTHER FAULT BASES), NOR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR INCIDENTAL LOSSES, DAMAGES OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THE WEBSITE, OR THE INFORMATION OR CONTENT, IRRESPECTIVE OF THE BASIS FOR SUCH CLAIM.

UNDER NO CIRCUMSTANCE CAN FAMI3D BE HELD LIABLE FOR ANY PRODUCT DEFECTS OR SPECIFICATIONS WHICH HAVE BEEN REQUESTED/ANALYSED IN THE QUOTATION PHASE. THE LIABILITY OF FAMI3D VIS-À-VIS YOU FOR REAL AND PROVEN DAMAGE WILL, REGARDLESS THE GRAVITY OF THE FAILURE, BE LIMITED TO THE PRICE OF THE PRODUCT DIRECTLY RELATED TO THE REASON OF THE CLAIM.

 

Data Protection and Privacy

By submitting orders:

  • you consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details and other personal details (“Personal Data”), in accordance with the Terms and Conditions of Fami3D; subject to the situation that these Personal Data are required to process your order and to fulfill our legal obligations;
  • you acknowledge that the processing of your Personal Data is necessary for the performance of the contract and you consent to such processing.

In certain circumstances Fami3D may seek additional personal information such as photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to Fami3D it shall also be regarded as “Personal Data”.

The Personal data are collected by Fami3D in order to:

  • fulfill its obligations under any sale and purchase contract and any other contract with you;
  • ask your opinions on its products and services;
  • provide you with the latest products and services information;
  • improve the products and services for you.

Fami3D may share, make available or transmit Personal Data to other departments and divisions in Fami3D, and other Fami3D companies within Hong Kong.

Fami3D will not disclose Personal Data to entities and persons, other than Fami3D, (“third parties”) without your consent, except in the cases below.

Personal Data may be disclosed to third parties to enable compliance with legal obligations to which Fami3D or its affiliates are subject.

Personal Data may be disclosed to third parties to enable them to provide services for or on behalf of, or at the direction of, Fami3D or other Fami3D companies. In such cases, Fami3D takes measures to ensure that the third parties comply with Fami3D’s privacy policy and that such recipients:

  • do not use Personal Data other than for the purposes permitted;
  • obtain and process Personal Data only on condition that they secure that Personal Data from unauthorised use and adopt and comply with similarly stringent policies and terms on Personal Data protection and use;
  • comply strictly with applicable laws.

For further information, please consult the Privacy Policy.

 

Governing Law, Jurisdiction

The sale of products and these terms shall be governed by and construed under the laws of Hong Kong. All disputes will be submitted to the exclusive jurisdiction of the Courts of Hong Kong.

 

Warranty

Fami3D warrants that the machined 3D Model shall substantially meet the features of the ordered 3D Model within the limitations of the current CNC machining technology. Fami3D will decide solely about the machining settings of the 3D Model. A machined 3D Model cannot be refused because of the chosen machining settings. Due to production reasons (different machining settings, composition of raw materials,…), there may be minor visual differences between multiple copies of one 3D Model.

FAMI3D MAKES NO WARRANTY OTHER THAN THOSE MADE EXPRESSLY IN THIS TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY LAW. FAMI3D HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

 

Other – General

No waiver

No omission or delay on the part of any party to insist on strict performance of any Terms and Conditions, or in exercising any right, power or remedy under these Terms and Conditions, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercise thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these Terms and Conditions shall be a waiver of any subsequent breach of that or any other term.

Circumstances beyond our reasonable control

Fami3D will make every effort to perform its obligations under these Terms and Conditions. However, Fami3D is not liable in case of force majeure. Force majeure implies any circumstance beyond the control of Fami3D – even if this circumstance was foreseeable at the time the agreement was concluded – which permanently or temporarily prevents fulfillment of the agreement, including in particular transport failure, strikes, terrorist acts, war, supplier/transport issues, governmental or regulatory action and natural disasters. In the event of a delay, Fami3D will perform our obligations as soon as reasonably possible.

Severability

If all or any part of one or more of these Terms and Conditions is or becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation or found to be illegal or unenforceable in whole or in part under any applicable law, or regulation of any jurisdiction or country, or with respect to a certain category of persons, such provision or part shall to that extent, be deemed not to form part of the contract. The legality, validity or enforceability of the remainder of these Terms and Conditions or the remaining parts of the relevant Terms and Conditions shall not in any way be affected or impaired thereby (in relation to such jurisdiction or country, or category of persons). The legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction or country or category of persons, shall not in any way be affected or impaired.

If any part of this disclaimer is held to be invalid, the remaining models will continue to be valid and enforceable.

 

Terms of Use of the Website

This Website is the property of Fami3D. By accessing and using the Website you express your explicit agreement with the following general terms and conditions. Fami3D reserves the right to alter or delete material from the Website at any time, and Fami3D may, at any time, revise the terms and conditions, the legal disclaimer or other policies set forth in this Website by updating it. Such modifications shall be deemed effective immediately upon posting on Fami3D Website. Any continued use of the Website shall be deemed conclusive of your acceptance of the modified terms and conditions, the legal disclaimer of Fami3D and other policies.

Use of “cookies”

When you visit the Website, “cookies” may be installed on the hard disk of your computer with the sole purpose of streamlining the Website more to the needs of recurrent visitors. These mini files or cookies are not used to check the surf behaviour of the visitor on other websites. Internet browsers allow you to block the use of cookies. You receive a warning when a cookie is installed or that cookies can be removed from your hard disk afterwards. Please consult the help function of your Internet browser for this.

Intellectual property rights

This Website and its contents are protected by copyright and other intellectual property rights. You may print the texts for private use; they may only be distributed with Fami3D’s consent. You may quote them (without any modification) provided that you always refer to the authentic source. You may reproduce a part of them provided that you always refer to the authentic source, except for commercial purposes, in which case reproduction, even with specification of the source, is not allowed without Fami3D’s express consent.

All the trademarks used on the Website are the property of their respective holders.

You are prohibited from altering, damaging or defacing the Website or adding any unauthorised material or to attempt to alter, damage or deface the Website or add any unauthorised material.

Intellectual property policy

Fami3D encourages intellectual property rights owners to contact Fami3D if they believe that a user of the Fami3D Services has infringed their rights. For this reason, if you let us know that your rights are being infringed by one of the Fami3D users, Fami3D will verify your claim and will (in its discretion) terminate the user’s access to our Services.

User contributed content/comments

You are solely responsible for the content that you upload, publish or display (hereinafter, “post”) on or through the Website, or transmit to or share with or allow to be shared with other users (collectively the “User Content”). You may not post, transmit, share or allow to be shared User Content on the Website that you did not create or that you do not have permission to post. You understand and agree that Fami3D may, but is not obligated to, review the Website and that Fami3D may delete or remove (without notice) any Website content or User Content.

Fami3D will remove any posts which are offensive, which contain unlawful or impermissible content or which promotes an illegal copy of another person’s copyrighted work.

You acknowledge that by sending to the Website and Fami3D any information or material, in whatever form, you grant to Fami3D an non-exclusive, worldwide and royalty-free license to use, execute, reproduce, display, perform, modify, create or have created derivative works of, transmit and distribute, internally and/or externally, and sublicense, in any medium or distribution technology, without accounting to you, including the right to grant any or all of the foregoing rights and licenses to others.

You acknowledge that electronic communications, databases and websites are subject to errors, malfunctions, tampering and break-ins, or that use thereof may result in damages to your systems or operations. While Fami3D will implement reasonable precautions to attempt to prevent such occurrences, you further acknowledge that Fami3D does not guarantee such events will not take place and that Fami3D will not be liable for any such occurrences. You shall be solely responsible for ensuring that any information or content downloaded from the Website or any other website accessed from the Website does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage its systems, software or data, and you shall indemnify, defend and hold Fami3D harmless from any liability, claim, cost or damage arising out of any third-party claim or suit caused by such virus or code or subroutine.

Legal disclaimer

The information specified on this Website is only intended for general information purposes.

Due to the changing nature of laws and regulations and the intrinsic risks of electronic communication, there may be delays, defects or other inconsistencies in the information provided on this Website.

The information provided on this Website may not be considered as legal or other professional advice. Accordingly no actions should be taken based on this information without prior expert advice.

Although Fami3D aspires to the greatest precision possible in the compilation and maintenance of the information provided on this Website, Fami3D cannot guarantee that this information is exact, complete and correct. Fami3D further assumes no liability or responsibility for any errors or omissions in the content of the Website.

The use of the Website is at your own risk. Neither Fami3D nor any other party involved in creating, producing or delivering the Website is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing in the Website. This includes damages to, or arising out of viruses that may infect, your computer equipment or other property. Fami3D makes no representations or warranties regarding the condition or functionality of this Website, its suitability for use, or that this web service will be uninterrupted or error-free.

Without limiting the foregoing, everything on the Website is provided to you “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.

Hyperlinks

From our Website, you can visit other websites by following hyperlinks to these websites. While Fami3D strives to provide only links to useful and ethical websites, we have no control over the content and nature of these websites and the links to other websites does not imply a recommendation for all the content found on these websites. Please be also aware that when you leave our Website, other websites may have different privacy policies and terms which are beyond our control. Fami3D therefore advises users to check these themselves and consult the privacy clause that is compulsory on every website.

Fami3D reserves the right to alter or delete material from the Website at any time, and Fami3D may, at any time, revise the terms and conditions, the legal disclaimer or other policies set forth in this Website by updating it. Such modifications shall be deemed effective immediately upon posting on Fami3D Website. Any continued use of the Website shall be deemed conclusive of your acceptance of the modified terms and conditions, the legal disclaimer of Fami3D and other policies.

 

[Last updated: 17 August 2016]