Terms of Service
The following terms and conditions govern all use of the 3DVikings.com website and all content, services, and products available at or through the website (taken together, our Services). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Privacy Policy) and procedures that may be published from time to time by 3D Vikings (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. This Agreement is entered into by and between SIA 3D Factory (Latvia) (“3D Vikings” or “we”) and you (“you”, “your”). This Agreement is made effective as of the date of your use of this website (“Site”). If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services.
3D Vikings is a 3D print-on-demand company for businesses that want to outsource the 3D printing and delivering component. We print three-dimensional objects (“3D Print”) from a digital model of that three-dimensional object (“Model”) using 3D printing technology and dropships them directly to you and your customers (“Customers”).
If you use our Services only for your personal use, you are to be considered as the “User”. If you use our Services to execute orders or deliver 3D Prints to third parties (including Customers), you are to be considered as the “Merchant”.
Access
To use all of our Services you may register 3DVikings.com account and become a member (“Member”). You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your account and Site. You are solely responsible for the activity that occurs on your account, and for keeping your password secure.
You must notify 3D Vikings immediately of any breach of security or unauthorized use of your account. Although 3D Vikings will not be liable for your and your Customer’s losses caused by any unauthorized use of your account, you may be liable for the losses of 3D Vikings or others due to such unauthorized use.
You certify to 3D Vikings that if you are an individual (i.e., not a corporation), you are at least 18 years of age. You also confirm that you are legally permitted to use our Services, and take full responsibility for the selection and use of our Services.
Intellectual Property
All content (information, graphics, data, designs, specifications, documents, and other items) from now on “Content” provided to 3D Vikings by you in connection with an order is your content. We don’t make any claim(s) to it.
Your Designs, Your Ownership: 3D Vikings respects your intellectual property rights. Any Content remain your property. We will not use your Content for any purpose other than fulfilling your orders or with your explicit permission.
Trademarks and Intellectual Property Rights Protection:
3D Vikings is committed to upholding intellectual property rights and complying with relevant laws. We respect the rights of copyright holders and will not knowingly produce or distribute infringing material. To this end, we strive to accommodate and not interfere with standard technical measures used by copyright owners to protect their works.
You understand that you are solely responsible for the Content that you post on or through the Service. You represent that you have all necessary rights to the Content and that you’re not infringing or violating any third party’s rights by using it for your 3D Prints sold or manufactured by 3D Vikings.
3D Vikings respects your work and empowers you to express your voice and ideas. We ask that you respect the work and creative rights of others. You need to either own the Content you provide to 3D Vikings, or have the express authority to use it. Content must comply with the right of publicity, trademark and copyright laws, and all other applicable state and federal laws.
If 3D Vikings receives a notice of alleged intellectual property infringement, we will promptly investigate and may, at our sole discretion: suspend your use of our Services or remove, block, or disable access to any Content identified as potentially infringing. When 3D Vikings removes, blocks or disables access in response to such a notice, we will make reasonable efforts to contact the affected party, providing information about the notice and actions taken. In cases of alleged copyright infringement, we will also provide information on how to submit a counter-notification.
- DMCA Cooperation:
3D Vikings policies and procedures regarding copyright infringement notices and content removal are aligned with the requirements of the Digital Millennium Copyright Act (DMCA). If DMCA requirements change, our policies may be updated accordingly.
- Counter-Notifications:
If 3D Vikings receives a DMCA counter-notification, we will promptly forward a copy to the original complaining party. Unless legal action is taken by the copyright holder, the removed content may be restored 10-14 business days after the counter-notification is delivered. However, if legal action is initiated, the content will remain removed at the sole discretion of 3D Vikings.
Repeat Infringement
3D Vikings may terminate account privileges of Members that are subject to repeat notices of intellectual property infringement as determined by 3D Vikings at its sole discretion.
If Content that you own and have rights to has been posted to the Services without your permission and you want it removed, please contact our customer service department directly for further escalation and review.
Purchase of 3D Prints
Your order represents an offer to us to purchase a 3D Print which is accepted by us once we have sent you an email order confirmation. Any Model in the same order which we have not confirmed in an order confirmation email do not form part of that contract.
3D Vikings shall under no circumstances be held liable for any special losses due to specific circumstances of you and/or Customer, indirect or consequential losses, or wasted expenditure.
Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive 3D Prints. Correct delivery address and postal code/zip code, current telephone number, and email address are necessary to ensure successful delivery of 3D Prints.
All information asked on the checkout page must be filled in precisely and accurately. 3D Vikings will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact 3D Vikings.
3D Vikings may upon notice to you cancel all or part of the order for any reason, including the following reasons:
- a single file submitted by you contains more than one Model
- 3D Vikings determination that the file format of a Model is not compatible with the 3D printing technology used by 3D Vikings or that a Model contains technical flaws that prevent it from being successfully printed as a 3D Print
- 3D Vikings determination that Model contains or a 3D Print printed from that Model would contain, anything illegal, tortious, defamatory, libelous, hateful, threatening, abusive, harassing, pornographic, violent, or otherwise objectionable
- 3D Vikings determination that Model, or a 3D Print printed from that Model, infringes or violates someone else’s rights, including copyrights, patents, trademarks, service marks, trade names, trade secrets, publicity, privacy, or other intellectual property, personal, or contractual rights.
Prices and Payments
You shall pay all applicable charges for the Services in accordance with the pricing, amounts, and payment terms stated in the order.
When you order a 3D Print or use a Service that has a fee, you will be charged the current fees, which we may change from time to time. We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site.
By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment. If you have used another person’s card without their permission, you are personally liable for and shall reimburse damages resulting from, the unauthorized use of that card.
In case of an unfounded chargeback, you shall reimburse 3D Vikings for its losses, which consist of fulfillment costs and chargeback handling fees (25€ per chargeback).
We may refuse to process a transaction for any reason or refuse Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless otherwise stated, all fees and payments are quoted in Euros. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you will receive an email from us confirming the details, description, and price for the 3D Prints ordered. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your 3D Prints.
You are responsible for (and shall charge) all sales taxes, VAT, and other taxes and duties associated with the 3D Prints (if and as applicable).
Delivery and Returns
Once you have placed the order, it might be not possible to edit or cancel it. If you want to change some parameters please check whether such an option is available in your account. We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis. Replacement of 3D Prints and credits to the Member’s account for 3D Prints claimed as damaged or not received are subject to 3D Vikings investigation and discretion.
The risk of loss and title for such items pass to you upon our delivery to the carrier. It is your (if you are a User) or your Customer’s (if you are a Merchant) responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the 3D Print was delivered. In such case 3D Vikings will not make any refunds and will not resend the 3D Print.
You (if you are a User) or your Customer (if you are a Merchant) shall inspect 3D Prints within 14 days from the day the 3D Print was delivered (that 14-day period, the “Inspection Period”) and either accept, or if any 3D Print is Nonconforming 3D Print, reject that 3D Print. You will be deemed to have accepted the 3D Print unless you notify 3D Vikings in writing of any Nonconforming 3D Print before the end of the Inspection Period and promptly provide a written evidence or other documentation as reasonably required by 3D Vikings.
“Nonconforming 3D Print” means a 3D Print that does not conform to its applicable specifications as stated in the order. A 3D Print that constitutes an accurate printing of a Model will be deemed not to constitute a Nonconforming 3D Print.
If you timely notify us of any Nonconforming 3D Print and provide all information we reasonably request to evaluate your claim (such as photographs of the allegedly Nonconforming 3D Print) and 3D Vikings reasonably determines that the 3D Print is a Nonconforming 3D Print, 3D Vikings shall do one of the following:
- Replace the Nonconforming 3D Print with a conforming 3D Print
- Or refund the price paid for the Nonconforming 3D Print to you to the credit card or other payment method you used to place the order.
Warranties and Limit of Liability
3D Vikings provides the Services and 3D Prints “as is” without any warranties, including any warranty of merchantability, noninfringement, and fitness for a particular purpose or any warranties regarding the strength, tolerances, or other characteristics of 3D Prints. Without limiting the foregoing, you acknowledge that the Services are subject to the inherent limits of three-dimensional design and print technology and the materials 3D Vikings uses for printing 3D Prints makes those 3D Prints suitable for decorative purposes only, and the 3D Prints are not suitable for use as toys or by children, and should not come into contact with electricity, food, liquids or heat.
You release 3D Vikings from any claims related to 3D Prints sold through our Services, including consideration for defective items, misrepresentations by you as a seller, or items that caused physical injury (like product liability claims) from warehoused goods.
To the fullest extent permitted by law, neither 3D Vikings, nor our employees or directors shall be liable to you and your Customers for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or this Agreement.
Governing Law
This Agreement (including any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims)) are governed by the laws of Latvia. These laws will apply no matter where in the world you live or are located.
Indemnity
In addition to any other remedies available to 3D Vikings, you will indemnify 3D Vikings against all reasonably foreseeable losses and liabilities due to or arising out of your breach of this Agreement, your use (or misuse) of our Services, or your account’s infringement of someone else’s rights, or your violation of any law or the rights of a third party. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
General
This Agreement does not create an agency, partnership, employer and employee relationship or any form of fiduciary or special relationship between the parties.
You acknowledge that you have all necessary permits to grant us with Customer’s personal data to fulfill this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
The titles and headings of this Agreement are for reference only and do not affect the meaning or interpretation of this Agreement.
3D Vikings reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.