Terms and Conditions of Sale
Effective Date: May 1st, 2016
PLEASE READ THE FOLLOWING TERMS CAREFULLY, AS PURCHASING, LICENSING AND/OR USING THE RELATED PRODUCTS, SOFTWARE, OR SERVICES INDICATES AGREEMENT WITH, AND ACCEPTANCE, OF THESE TERMS. THESE ARE THE CURRENT TERMS AND CONDITIONS OF SALE ("TERMS") OF MADE IN 3D CANADA INC. DBA "AON3D" (REFERRED TO AS "AON3D"), WHICH APPLY TO ANY SALE OF AON3D PRODUCTS, LICENSING OF ACCOMPANYING SOFTWARE, AND/OR THE PROVISION OF SERVICES (THE TERMS "PRODUCTS", SOFTWARE" AND "SERVICES", AS DEFINED BELOW). YOU, ON BEHALF OF YOURSELF AS AN INDIVIDUAL, YOUR EMPLOYER, OR ANOTHER ENTITY WHICH HAS NOT PREVIOUSLY ACCEPTED THESE TERMS (YOU AND SUCH ENTITIES, COLLECTIVELY, "CUSTOMER"), REPRESENT AND WARRANT THAT CUSTOMER HAS AUTHORITY TO ACCEPT, AND HAS READ, UNDERSTOOD AND AGREED TO, THESE TERMS. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ANY DOWNLOAD, ACCEPTANCE OR USE BY CUSTOMER OF ANY AON3D PRODUCTS, SOFTWARE, AND/OR SERVICES SHALL CONSTITUTE AN IRREVOCABLE ACCEPTANCE OF THESE TERMS. IF CUSTOMER DOES NOT AGREE TO BE BOUND BY THESE TERMS, THEN CUSTOMER SHALL PROMPTLY RETURN PRODUCTS, DELETE OR RETURN LICENSED SOFTWARE AND NOT USE ANY RELATED SERVICES.
Any new products, features or tools which are added to the current store shall also be subject to these Terms and Conditions of Sale. You can review the most current version of the Terms and Conditions of Sale at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve [a] transmissions over various networks; and [b] changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions of Sale. Accuracy, Completeness and Timeliness of Information.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) or any product without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services (if applicable)
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools which we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
AON3D accepts returns for refunds, repairs or exchanges, subject to the following:
You can return purchased items to AON3D within 30 days of the date they were shipped to you. After 30 days, we do not accept returns. See our Warranty Policy for warranty service and procedures.
RETURN TO MANUFACTURER AUTHORIZATION
Before returning an item, contact us at firstname.lastname@example.org, to explain the reason for the return, the details of your original order, and whether you want a refund or an exchange. As appropriate, we will issue you an RMA number, which you need to include in the package for the returned item, along with a copy of the original order information. We do not accept returned items for which an RMA has not been issued.
The item must be unused, undamaged, complete with all parts and accessories, in the same condition you received it, and in its original packaging. Consumables and spare parts will not be accepted if packaging is opened or damaged in any way.
Pack the item according to our instructions to prevent damage in transit. Insure the package for its value, as you will be responsible for damage in transit. Use a shipping service that allows you to track the package. You are responsible for paying all shipping and insurance costs for the return shipment. If you are seeking an exchange, you will also be responsible for all costs of shipping the new item to you.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item and whether your request for refund or exchange has been approved. We may charge a fee for missing or used accessories.
For non-defective items, AON3D charges a restocking fee equal to 10% of the original purchase price of each item returned. This fee will be deducted from your refund, or if you have requested an exchange, the fee will need to be received in full and cleared by AON3D before the new item is shipped.
If a refund is approved, a credit will automatically be applied to your credit card or original method of payment. This refund amount may take some time to show in your records, so before contacting AON3D, please check with your credit card company, bank, or other payment service.
If an exchange is approved, we will ship the new item to you, after payment of any applicable restocking and shipping fees.
Exclusive Limited Warranty
AON3D's warranty obligations for all hardware products sold by AON3D on this site are limited to the terms set forth below:
AON3D warrants AON3D's branded hardware products against defects in materials and workmanship under normal use for a period of ninety ("90") days from the date of retail purchase by the original end-user purchaser ("Warranty Period"), notwithstanding the purchase of a separate service contract, the terms and conditions of which are not covered under this agreement. If a hardware defect arises and a valid claim is received within the Warranty Period, at our sole option and to the extent permitted by law, AON3D will either (1) repair the hardware defect, using new or refurbished replacement parts sent to the user, (2) exchange the product with a product that is new or reconditioned by AON3D or that has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product, (3) send a service technician to perform repairs and/or replacements at an additional cost to you, (4) ship the printer back to AON3D for repairs at an additional cost to you, or (5) refund the purchase price of the product. AON3D may request that you replace defective parts with new or refurbished user-installable parts that AON3D provides in fulfillment of its warranty obligation. When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes AON3D's property. Parts provided by AON3D in fulfillment of its warranty obligation must be used in products for which warranty service is claimed. When a refund is given, the product for which the refund is provided must be returned to AON3D at your expense unless specified otherwise.
Exclusions from and Limitation to Warranty
This Limited Warranty applies only to hardware products manufactured by or for AON3D that can be identified by the AON3D's trademark, trade name, or logo affixed to them. The Limited Warranty does not apply to any non-AON3D hardware products or any software, even if packaged or sold with AON3D's hardware. Manufacturers, suppliers, or publishers, other than AON3D, may provide their own warranties to the end user purchaser, but AON3D, in so far as permitted by law, provides their products "as is". Software distributed by AON3D with or without the AON3D brand name (including, but not limited to system software) is not covered under this Limited Warranty.
AON3D does not warrant that the operation of the product will be uninterrupted or error-free. AON3D is not responsible for damage arising from failure to follow instructions relating to the product's use.
This warranty does not apply:
- to damage caused by use with non-AON3D products including consumables/filaments not officially supported by AON3D;
- to damage caused by accident, abuse, misuse, flood, fire, earthquake, or other external causes;
- to damage caused by operating the product outside the permitted or intended uses described by AON3D;
- to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of AON3D;
- to a product or part that has been modified to alter functionality or capability without the written permission of AON3D;
- to consumable parts, unless damage has occurred due to a defect in materials or workmanship;
- to cosmetic damage, including but not limited to scratches, dents; or
- if any AON3D serial number has been removed or defaced.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY. AON3D'S RESPONSIBILITY FOR HARDWARE DEFECTS IS LIMITED TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY AON3D IN ITS SOLE DISCRETION.
Disclaimer of Warranties; Limitation of Liability
Except as explicitly provided in these Terms, we do not guarantee, represent or warrant that your use of our service or any AON3D product will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service or the product will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
In no event shall AON3D be liable for any loss, death, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of AON3D products or products produced using our hardware, software, and/or materials. To the fullest extent legally permitted AON3D EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPLICIT WARRANTY OF FITNESS for a particular usage, the particular nature and circumstances of said usage being unforeseen and unforeseeable to AON3D.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except to the extent otherwise expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN TIME TO THE TERM OF THIS LIMITED WARRANTY. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE EXPIRATION OF THE LIMITED WARRANTY PERIOD. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.
No AON3D reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, AON3D IS NOT RESPONSIBLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION OR ANY OTHER REASON, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH AON3D PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
AS FAR AS THE COMPANY MENTIONS OR RECOMMENDS ANY THIRD PARTY PRODUCT, SUCH MENTIONING OR RECOMMENDATION SHALL BE UNDERSTOOD AS THE MENTIONING OR RECOMMENDATION OF AN EXAMPLE OF A GROUP OF PRODUCTS; IT DOES NOT AND SHALL NOT CONSTITUTE AN ADVERTISEMENT IN FAVOR OF SUCH PRODUCT, NOR DOES THE COMPANY ACT AS THE DISTRIBUTOR OF SUCH PRODUCT. CUSTOMER SHALL REMAIN FULLY RESPONSIBLE WHETHER OR NOT AND TO WHAT EXTENT IT WANTS TO ACQUIRE AND USE SUCH PRODUCT. IN CASE CUSTOMER ACQUIRES ANY SUCH THIRD PARTY PRODUCT, CUSTOMER SHALL ENTER INTO ALL NECESSARY AGREEMENTS AND USE THE THIRD PARTY PRODUCT IN COMPLIANCE WITH ALL APPLICABLE TERMS. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED BY ANY SUCH THIRD PARTY PRODUCT OR BY THE USE OF SUCH THIRD PARTY PRODUCT.
Obtaining Warranty Service
Please access and review the online help resources before requesting warranty service. If the product is still not functioning properly after making use of these resources, please contact AON3D at email@example.com. You must assist in diagnosing issues with your product and follow AON3D' warranty processes.
AON3D may restrict warranty service outside of Canada and the United States. AON3D may provide warranty service by (i) sending a service technician at an additional cost to you or (ii) by sending you new or refurbished customer-installable replacement product or parts to enable you to service or exchange your own product ("Self-Service").
Service options, parts availability, and response times may vary. Service options are subject to change at any time. In accordance with applicable law, AON3D may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. Please refer to the accompanying documentation for more details on this and other matters on obtaining warranty service.
If we opt to send you a new or refurbished replacement product or part, upon receipt of the replacement product or part, the original product or part becomes the property of AON3D and you agree to follow instructions, including, if required, arranging the return of original product or part to AON3D in a timely manner. When providing Self-Service requiring the return of the original product or part, AON3D may require a credit card authorization as security for the retail price of the replacement product or part and applicable shipping costs. If you follow instructions, AON3D will cancel the credit card authorization, so you will not be charged for the product or part and shipping costs. If you fail to return the replaced product or part as instructed, AON3D will charge the credit card for the authorized amount.
You agree to indemnify, defend and hold harmless AON3D and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms and Conditions of Sale or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions of Sale are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions of Sale at any time by notifying us that you no longer wish to use our Service, Products, and/or Software, and cease using our Service, Products, and/or Software. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions of Sale, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).
CHANGES TO TERMS AND CONDITIONS OF SALE
You can review the most current version of the Terms and Conditions of Sale at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Sale by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions of Sale constitutes acceptance of those changes.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of the Province of Quebec, Canada and the laws of Canada applicable to contracts between Quebec residents and to be performed in Quebec. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Montreal, Province of Québec.
Neither party shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
Except for actions for nonpayment or breach of a party's proprietary rights, no action, regardless of form, arising out of or relating to the Agreement may be brought by either party more than one year after the cause of action has accrued.
RELATIONSHIP OF THE PARTIES
AON3D and you agree that no joint venture, partnership, employment, or agency relationship exists between you and AON3D as a result of these Terms and Conditions of Sale or your use of the Service or purchase of any product.
COMPLIANCE WITH LAWS
For consumers, who are covered by consumer protection laws or regulations in their country of purchase or, if different, their country of residence, the benefits conferred by AON3D's Limited Warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations, including but not limited to the rights described above.
If any part of these Terms and Conditions of Sale is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions of Sale shall continue in effect.
Notice shall be sent by national or international overnight courier service where delivery receipt is provided to the contact address set forth here (as such may be changed by notice given to the other party), and shall be deemed delivered as of the date of actual receipt.
Made in 3D Canada Inc. Attn: CEO 9494 Boulevard St. Laurent Suite 600 Montreal, QC H2N 1P4
AON3D may give telephonic notice to you by calls to appropriate numbers on record in AON3D's account information for you.
Unless otherwise expressly stated herein, these Terms and Conditions of Sale constitute the entire agreement between you and AON3D with respect to the Service and any product you purchase from AON3D and supersedes all prior or contemporaneous communications, proposals and agreements, whether electronic, oral or written, between you and AON3D. AON3D objects to and rejects any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. AON3D's failure to object elsewhere to any provisions of any subsequent document, communication, or act of you shall not be deemed a waiver of any of the terms hereof. AON3D's obligations hereunder are neither contingent on the delivery of any future functionality or features of the Service nor dependent on any oral or written public comments made by AON3D regarding future functionality or features of any product.
You will not assign or transfer your rights and obligations under these Terms and Conditions of Sale, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without AON3D' prior written consent. AON3D may assign or transfer this agreement to any successor.
You agree to comply with all applicable export laws.
You represent and warrant to you have full power and authority to enter into any agreement to purchase a product under these Terms and Conditions of Sale and that these Terms and Conditions of Sale are binding upon you and enforceable in accordance with their terms. :::