Terms & Conditions

TERMS & CONDITIONS

Terms and Conditions for offering Models through 123D’s myeasy3d print services and centres.

123D B.V. (“123D”) provides its customers with 3D online printing services through its online 123D EASY 3D PRINT CENTRE (“myEasy3D”). myEasy3D may be accessed via Myeasy3D.com website.
Through myEasy3D 123D offers the service of turning a 3D design into reality. 123D allows you to upload your 3D design and to be able to place orders with 123D to manufacture the model for you (i.e. print it with 3D printing technology) in 123D’s materials (the “Services”).

The use of myEasy3D by you and the Services are governed by the Terms and Conditions set forth below. Please read them carefully. your use of myEasy3D and the Services indicates your acceptance of these Terms and Conditions. 123D reserved the right to make changes to the Services, myEasy3D and these Terms and Conditions at any time and without notice to users. Such amended Terms and Conditions shall be effective upon posting on myEasy3D. you agree that your use of the Services is at your own risk. 123D reserves the right, without prior notification, to refuse to provide the Services at any time to you.
You must be at least eighteen (18) years of age to use this Service. If you are under 18, you may use myEasy3D only with involvement of a parent or guardian

1. 3D designs uploaded to myEasy3D
1.1. The formats and the maximum size of your 3D files containing the 3D designs you upload through myEasy3D and any other required characteristics thereof are mentioned on myEasy3D.
1.2. You are solely responsible for the content of any materials you upload or otherwise submit through myEasy3D. you agree, represent and warrant that in using the Services, you will not upload, submit or otherwise transmit to 123D any materials which: (a) are unlawful, threatening, abusive, defamatory, obscene or which invade another person’s privacy or further the commission or concealment of a crime; (b) are not lawfully yours to transmit; (c) are the subject of, or which infringe upon, any patent, trademark, trade name, copyright, design right or any other proprietary or industrial right (” intellectual property rights”) of another party; (d) contain a software virus or other harmful computer code; or (e) in any way interfere with or disrupt the operation of myEasy3D. you also represent and warrant to 123D that you own and possess all rights or have permission to have your 3D design manufactured. you agree to defend, indemnify and hold 123D and any third party involved in the performance under this agreement harmless from any suit, demand, or claim arising out of any breach of these warranties and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim.
1.3. 123D and any third party involved in the performance under this agreement reserves the right to review and reject any materials forwarded to them (e.g. when these materials, in 123D’s own discretion, appear to infringe third party intellectual property rights). 123D shall not be responsible for checking the accuracy of supplied input from the materials uploaded through myEasy3D. That is your responsibility.
1.4. Without prejudice to this clause, if a 3D design uploaded through myEasy3D proves not to be suitable for manufacturing on 123D’s equipment (or at least not without adjustment or other corrective action) 123D will charge you for any resulting cost incurred (including but not limited to the cost of any material purchased) and 123D may reject the 3D design.
1.5. You will have the option of having your 3D design validated in order to secure its fitness for manufacturing on 123D’s equipment. For this validation service 123D will charge you the price quoted on myEasy3D. you will be responsible for paying the entire amount of the validation service within the term indicated on myEasy3D.
1.6. 123D may destroy at any time any materials uploaded through myEasy3D without further notice. Please ensure that you retain a copy of any and all materials uploaded through myEasy3D and any and all information submitted by you to 123D. 123D is under no obligation to make any back-up(s) of data submitted by you.

2. Account Terms
2.1. Before you can access (part of) myEasy3D and/or make use of the Services you may be required to set up a password protected account.
2.2. You represent and warrant that all information provided when setting up your account is and shall remain accurate and correct.
2.3. You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorized user gains access to the password-protected area of myEasy3D as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use. 123D shall not be liable for any loss or damage from your failure to maintain the security of your account and password. 123D reserves the right to refuse service to or terminate service of anyone at any time without notice for any reason.

3. Price and Payment
3.1. You confirm that you have read, understood and agree to the mechanism for setting a price for your model on myEasy3D, the terms of which are incorporated herein. The minimum price quoted by 123D during the upload process includes the fee for the Services and the price for the materials used to produce the model. All prices quoted by 123D are in Euros (unless stated otherwise), exclusive of VAT, any other sales taxes and incidental costs and expenses.
3.2. Payment of the margin that 123D owes to you shall be made in Euros (unless agreed otherwise) within the term and on the manner as indicated on myEasy3D. No payment obligation for 123D can exist before the order (including handling fees, if applicable) for your model to be manufactured has been fully paid by the customer. 123D is entitled to set-off any amount you owe to 123D.
3.3. All prices quoted by 123D are based on current costs and are subject to change.

4. your Obligations
You shall, at your own expense, be responsible for obtaining, paying for, and maintaining in force all licenses, consents, permits and approvals of all regulatory authorities whatsoever which are or may be necessary or advisable in connection with the carrying out by you of any of your obligations pursuant to these Terms and Conditions.

5. User Generated Content
5.1. The term “User Generated Content” when used in these Terms and Conditions shall mean any content uploaded to myEasy3D by you, including but not limited to all uploaded 3D designs, pictures of your 3D objects, comments, specifications provided by you, as well as the manufactured model created based on your User Generated Content. All User Generated Content should not be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information or be likely to infringe or infringing on any intellectual property rights.
5.2. 123D and any third party involved in the performance under this agreement have no obligation to review the User Generated Content and can in no way be held responsible for the content of the User Generated Content. Opinions expressed in the User Generated Content are not necessarily the opinion of 123D.
5.3. Except for your 3D designs, which are referenced below, by submitting User Generated Content through myEasy3D, you hereby do and shall grant 123D a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Generated Content in connection with myEasy3D, the Services and 123D’s businesses, including without limitation for promoting and redistributing part or all of myEasy3D or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). you also hereby do and shall grant each user of myEasy3D a non-exclusive license to access and use your User Generated Content through myEasy3D. you represent and warrant that you have all rights to grant such licenses to 123D without infringement or violation of any third party rights, including without limitation, any privacy rights, contract rights, copyrights, or any other intellectual property rights.

6. Intellectual Property Rights of 3D designs
6.1. You, as a designer, retain all your intellectual property rights in your 3D design. Except for the rights and licenses specified below, 123D shall not use, modify or display your 3D design. By uploading your 3D design, you warrant that it is your original creation and not copied from any third party and/or entity. you warrant that your User Generated Content will not infringe the intellectual property 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 123D and any third party involved in the performance under this agreement against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by 123D with respect to such claims.
6.2. By uploading your 3D design to myEasy3D, you grant 123D a non-exclusive, royalty free worldwide transferable license on your design (i) to use and modify it for the manufacturing of your model in order to fulfill the orders of any other myEasy3D user and (ii) to display it on myEasy3D.
6.3. By removing your 3D design from myEasy3D you terminate all licenses granted to 123D to such 3D design under these Terms and Conditions. 123D is however entitled to use your 3D design to fulfill orders of your 3D design that were placed before the removal and to use your 3D design for promotional purposes, which license shall terminate 6 months after the removal of your 3D design.

7. Use of Personal Data
7.1. By using the Services through myEasy3D, you acknowledge that 123D and any other 123D Group company and any third party involved in the performance under this agreement may collect, use, process, and transfer your personal data for the purpose of the provision of the Services and the financial settlement thereof.
7.2. You understand that 123D and any other 123D Group company and any third party involved in the performance under this agreement may for these purposes process relevant personal information about you, including (without limitation) your name, address and telephone number, e-mail address, customer number, log-in details and password.
7.3. You confirm that you have read, understood and agree to the 123D Privacy Policy on the Site, the terms of which are incorporated herein. You consent to the use of your personal information by 123D and other 123D Group companies, their third-party providers and/or distributors in accordance with the terms of and for the purposes set forth in the 123D Privacy Policy.

8. Use of myEasy3D
Copyright and all other proprietary rights in the content of myEasy3D (including but not limited to software, audio, video, text and photographs and excluding all User Generated Content) rests with 123D or its licensors. All rights in the content not expressly granted herein are reserved. Any use of the content published on myEasy3D, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of 123D is strictly prohibited. You also agree that you will not use any automated device or manual process to monitor or copy any content from myEasy3D.

9. Warranty
123D provides myEasy3D (including all content, functions and information made available on or accessed through myEasy3D) and the Services “as is“ and “as available”. 123D does not warrant that the use of myEasy3D and the Services will be uninterrupted or error-free.

10. Limitation of Liability
10.1. These Terms and Conditions set out the full extent of 123D’s obligations and liabilities in respect of the Services. Save as set out below, there are no warranties, conditions or other terms that are binding on 123D regarding the supply of Services except as expressly stated in these Terms and Conditions.
10.2. Subject to Article 10.4, in no event, whether in contract or in tort, 123D shall be liable for any loss of profits, anticipated savings, revenue, business, loss or corruption of data, loss of use, loss of goodwill, loss due to delay or any indirect or consequential loss or damage whatsoever.
10.3. Subject to Articles 10.2 and 10.4, 123D’s aggregate liability, whether in contract or in tort, arising from your use of myEasy3D or the provision of the Services, shall be limited to the net price to be paid to you by 123D for the subject manufactured products.
10.4. Nothing in these Terms and Conditions shall be deemed to exclude or limit 123D’s liability in respect of loss or damage caused by willful intent or gross negligence of 123D’s officers or employees.
10.5. Any claim for damages must be notified to 123D within twelve (12) months as from the date on which the damage was caused, failing which such claim is deemed to be waived.

11. Termination
123D is entitled to terminate any agreement between you and 123D at any time, without notice, in its sole discretion. In the event that 123D learns of, or has reasonable grounds to suspect, that your registration information is inaccurate, or that activity in violation of these Terms and Conditions has occurred within your account, 123D may suspend or terminate your access to your account or the Services without notice and refuse to authorize its future use.

12. Indemnification
You agree to indemnify and hold 123D and its affiliates and any third party involved in the performance under this agreement and its and their employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorneys’ fees) arising from or relating to any claims that result from your breach of these Terms and Conditions and/or any claims based on the allegation that a manufactured model of your 3D design is faulty for any reason.

13. Governing Law and Disputes
These Terms and Conditions shall be governed by the laws of the Netherlands, without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than the Netherlands. Any and all disputes arising from these Terms and Conditions, including disputed relating to the validity thereof, and any disputes related to the use of the Services or myEasy3D, shall be brought in the courts of Amsterdam, the Netherlands. The United Nations Convention on the International Sale of Goods shall not apply to the Services or the use of myEasy3D.

14. Notices
Except as explicitly stated otherwise, any notices may be given by email to 123D at customer.service@myeasy3d.com to you at the email address you provide to 123D. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.

Terms and Conditions 123D Easy 3D Online Print Services

123D Nederland B.V. (“123D”) provides you with 3D online printing services (the “Services”) through its online 123D’s EASY 3D PRINT CENTRE (the “myEasy3D”). myEasy3D may be accessed via 123D’s website (the “Site”). Through myEasy3D 123D offers the service of turning a 3D design into reality. To that end, you may upload your 3D design or you may select a model displayed on myEasy3D that you would like to be reproduced by 123D. you may then place an order with 123D to manufacture the model for you (i.e. print it with 3D printing technology) in 123D’s materials and ship it to you.
The use of myEasy3D and the ordering of the Services and the processing thereof is governed by the Terms and Conditions set forth below. Please read them carefully. Your use of the Site or the Services indicates your acceptance of these Terms and Conditions. 123D reserves the right to make changes to the Services, myEasy3D and these Terms and Conditions at any time and without notice to users. Such amended Terms and Conditions shall be effective upon posting on myEasy3D. You agree that your use of the Services is at your own risk. 123D reserves the right, without prior notification, to limit the order quantity on any item and/or refuse to provide the Services at any time to you.
You must be at least eighteen (18) years of age to use this Service. If you are under 18, you may use myEasy3D only with involvement of a parent or guardian

1. 3D designs uploaded through myEasy3D
1.1. The formats and the maximum size of your 3D files containing materials you upload through myEasy3D and any other required characteristics thereof are mentioned on the Site.
1.2. You are solely responsible for the content of any materials you upload or otherwise submit through myEasy3D. You agree, represent and warrant that in using the Services, you will not upload, submit or otherwise transmit to 123D any materials which: (a) are unlawful, threatening, abusive, defamatory, obscene or which invade another person’s privacy or further the commission or concealment of a crime; (b) are not lawfully yours to transmit; (c) are the subject of, or which infringe upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another party; (d) contain a software virus or other harmful computer code; or (e) in any way interfere with or disrupt the Services. You also represent and warrant to 123D that you own and possess all rights or have permission to manufacture any 3D design you submit through myEasy3D. You agree to defend, indemnify and hold 123D and any third party involved in the performance under this agreement harmless from any suit, demand, or claim arising out of any breach of these warranties and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim.
1.3. By uploading your 3D design to myEasy3D, you grant 123D a non-exclusive, royalty free worldwide transferable license on your 3D design to use it for the manufacturing of your model in order to fulfill your order.
1.4. 123D reserve the right to reject any materials forwarded to them (including but not limited to the reasons referred to in clause 1.2). 123D shall not be responsible for checking the accuracy of supplied input from the materials uploaded through myEasy3D. That is your responsibility.
1.5. Without prejudice to this clause, if a 3D design uploaded through myEasy3D is not suitable for manufacturing on 123D’s equipment without adjustment or other corrective action 123D may make a charge for any resulting additional cost incurred or may reject the 3D design without prejudice to 123D’s rights to payment for material purchased.
1.6. Without prejudice to this clause, where materials are so supplied or specified, and 123D so advises you, and you instruct 123D in writing or by email to proceed anyway, 123D will use reasonable endeavors to secure the best results, but shall incur no liability if a specific result was’t reached.
1.7. On completion of the manufacturing of the model, 123D may destroy any materials uploaded through myEasy3D associated with the manufactured model without further notice. Please ensure that you retain a copy of any and all materials uploaded through myEasy3D and any and all information submitted by you to 123D. 123D is under no obligation to make any back-up(s) of data submitted by you.

2. Account Terms
2.1. Before you can access (part of) myEasy3D and/or make use of the Services you may be required to set up a password protected account.
2.2. You represent and warrant that all information provided when setting up your account is and shall remain accurate and correct.
2.3. You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorized user gains access to the password-protected area of myEasy3D as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.

3. Payment and Price
3.1. The amount indicated on the ordering page of myEasy3D includes the fee for the Services and the price for the materials used to produce the model. The price quoted on myEasy3D includes shipping costs and includes VAT and any import duty or taxes (if applicable). All prices are indicated in Euro. There is no insurance. Offsetting against any kind of non-approved counter-claims shall be excluded. 123D retains full legal title to products until it has received in full all amounts due on those products and payment on any other products that you have ordered.
3.2. If you submit a request through myEasy3D to process your order, you agree to pay all charges, taxes and handling fees in advance or, if the shipping address indicated by you is a 123D store, upon collecting the manufactured model(s) in the 123D store indicated by you during the ordering process. 123D requires each order to be fully paid, including handling fees, if applicable, before the manufactured model(s) will be handed over to you. 123D shall not be responsible in any way for the payment process done via a payment service provider’s website. 123D reserves the right not to perform the Services until it receives confirmation either via the payment service provider that the transfer of the amount indicated in the order confirmation has been completed or the funds arrive on 123D’s bank account.
3.3. Once you have completed the ordering process, no changes are allowed to be made in the 3D design or in any job characteristic and you are responsible for paying the entire amount of that order along with applicable taxes and handling fees. All prices stated on myEasy3D are based on current costs and are subject to change.

4. Shipping, Delivery Time and Processing of Orders
4.1. Your order will be delivered to your shipping address. 123D delivers to the countries indicated on myEasy3D. You can only select those countries as your shipping address during the ordering process. 123D will use our commercially reasonable efforts to ship the model to the shipping address within the delivery time indicated in the order confirmation nevertheless depending on your shipping address it may take longer time. Any shipping and delivery dates given by 123D are only best estimates and 123D is not liable for any damage or cost caused by delay in shipping or delivery. Title and risk of loss is transferred upon delivery for the carrier for shipment. The manufactured model is deemed as delivered when it is delivered to the 123D store of your choice.
4.2. An order placed by you may not be canceled by you. Manufactured products not collected in the 123D store indicated by you during the ordering process within 30 days following the lapse of the delivery time quoted to you by 123D will be destroyed, regardless of your obligation to pay the entire amount for that order along with applicable taxes and handling fees.

5. Use of Personal Data
5.1. By ordering the Services through myEasy3D, you acknowledge that 123D and any other 123D Group company and any third party involved in the performance under this agreement may collect, use, process, and transfer your personal data for the purpose of the execution of your order and the financial settlement thereof.
5.2. You understand that 123D and any other 123D Group company and any third party involved in the performance under this agreement may for these purposes process relevant personal information about you, including (without limitation) your name, address and telephone number, e-mail address, customer number, log-in details and password.
5.3. You confirm that you have read, understood and agree to the 123D Privacy Policy on the Site, the terms of which are incorporated herein. you consent to the use of your personal information by 123D and other 123D Group companies, their third-party providers and/or distributors in accordance with the terms of and for the purposes set forth in the 123D Privacy Policy.

6. Use of myEasy3D
Copyright and all other proprietary rights in the content of myEasy3D (including but not limited to software, audio, video, text and photographs and excluding all user generated content) rests with 123D or its licensors. All rights in the content not expressly granted herein are reserved. Any use of the content published on myEasy3D, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of 123D is strictly prohibited. you also agree that you will not use any automated device or manual process to monitor or copy any content from the Services.

7. Warranty
7.1. 123D warrants only that the model manufactured will substantially meet the features of the indicated 3D model within the limitations of the 3D printing technology. By placing an order with 123D you agree to these limitations. 123D is not liable for errors in a manufactured product caused by any characteristic of and/or defect in the materials submitted through myEasy3D. Because of inherent limitations with the 3D printing process the accuracy of color reproduction is not guaranteed.
7.2. 123D does not give any warranty about the models and does not guarantee that the model will be fit for any particular purpose. You will need to inspect the model upon receipt immediately. If the model is faulty when you received it and you believe you are entitled to a replacement in accordance with the warranty above, such warranty claim can be made only within 10 days after receipt of the model by you. If the model was shipped to a 123D store such warranty claim can be made only before you collect it at the 123D store, failing which you will be deemed to have accepted the manufactured model. Do not return the model unless 123D requires you to do so. 123D will confirm whether you are entitled to a replacement or refund.
7.3. Transportation costs in respect of a faulty product will be borne by 123D.
7.4. 123D provides myEasy3D (including all content, functions and information made available on or accessed through myEasy3D) and the Services “as is“ and “as available”. 123D does not warrant that the use of myEasy3D and the Services will be uninterrupted or error-free.
7.5. The materials used for manufacturing the models make the models suitable only for decorative purposes and they are not suited for any other purpose. The models are not suited to be used as toys to be given to children. The models should not come in contact with electricity or food or liquids and should be kept away from heat.

8. Limitation of Liability
8.1. These Terms and Conditions set out the full extent of 123D’s obligations and liabilities in respect of the Services. Save as set out below, there are no warranties, conditions or other terms that are binding on 123D regarding the supply of Services except as expressly stated in these Terms and Conditions.
8.2. Insofar as is permitted by law where the manufactured model is faulty for any reason, including negligence, 123D’s liability (if any) shall be limited to replacing such model, or crediting its value against any invoice raised in respect of the manufactured model.
8.3. Where 123D performs its obligations to replace a faulty manufactured model under this condition 123D shall not be liable for indirect loss, consequential loss or third party claims occasioned by a faulty manufactured model and you shall not be entitled to any further claim in respect of the manufactured model nor shall you be entitled to repudiate the agreement.
8.4. 123D shall not be liable for indirect loss, consequential loss or third party claims occasioned by delay in completing the manufactured product or any loss of data or for any loss to you arising from any non-performance or any delay in performing the Services, whether as a result of 123D’s negligence or otherwise.
8.5. Where 123D offers to replace a faulty manufactured product you must accept such an offer unless you can show clear cause for refusing so to do. If you opt to have the Services re-performed by any third party without reference to 123D you automatically revoke your right to any remedy from 123D, including but not exclusively the right to a credit in respect of the manufactured product produced by 123D.
8.6. In no event shall 123D’s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to negligence) arising from your use of myEasy3D or the provision of the Services exceed the amount paid by you to 123D for the subject manufactured products.

9. Termination
123D is entitled to terminate any agreement between you and 123D at any time, without notice, in its sole discretion. In the event that 123D learns of, or has reasonable grounds to suspect, that your registration information is inaccurate, or that activity in violation of these Terms and Conditions has occurred within your account, 123D may suspend or terminate your access to your account or the Services without notice and refuse to authorize its future use.

10. Governing Law and Disputes
These Terms and Conditions shall be governed by the laws of the Netherlands, without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than the Netherlands. Any and all disputes arising from these Terms and Conditions, including disputed relating to the validity thereof, and any disputes related to the use of the Services or myEasy3D or relating to the models ordered and delivered, shall be brought in the courts of Amsterdam, the Netherlands. The United Nations Convention on the International Sale of Goods shall not apply to the Services or myEasy3D or relating to the models ordered and delivered.

11. Notices
Except as explicitly stated otherwise, any notices may be given by email to 123D at customer.service@myeasy3d.com or to you at the email address you provide to 123D. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid