This document outlines our global terms and conditions but is not specific to the UK
The internet site « http://www.freelabster.com » is a 3D collaborative printing platform which was developed to facilitate printers to get in contact with clients wishing to make objects by means of 3D those modelling and printing. The General terms and conditions outlined below apply to all our proposed services.
These General terms and conditions are between :
P2G CAPITAL (mentioned henceforth as « P2G »), a limited company with a capital of 12 thousand euros (12.000€), registered at the Chamber of Commerce in Nice, France under the registration number: 818 624 884 00016. The P2G head office is located at 37 rue du Docteur Pierre Richelmi, Intercommunity VAT no. FR49818624884, website editor « http://www.freelabster.com » and Facebook « https//www.facebook.com/freelabster».
Website Host Company : Amazon AWS
Any person (henceforth named as « Freelabster ») with intention to 3D print an object by means of the intermediary aforementioned P2G internet site: « http://www.freelabster.com »,
By these terms and conditions
« P2G » : denotes the company which has full rights to the platform regrouping collaborative 3D printing projects on the site « http://www.freelabster.com ».
« Website » :denotes the overall online services proposed by P2G.
« Products » :Describes the ensemble of files openly available on the « http://www.freelabster.com » website as well as any files supplied to Freelabster by the client.
« Project » : denotes the ensemble of products included in each individual order.
« Freelabster » : denotes the physical person who has committed to propose their 3D printing services to another physical person; by means of the afore mentioned website, in exchange for a price agreed upon by both parties.
« Client »: Denotes the physical person who has accepted a 3D printing proposal for a requested object.
« Object » Denotes all those 3D prints effectuated by Freelabster
Both parties agree that their contractual relations are exclusively governed by the General terms and Conditions. However, P2G reserves the right to modify all general terms and conditions at any moment. Should P2G do so, the applicable conditions will be effective according to the order date. The general terms and conditions take precedence over all other general terms and conditions which are not expressly approved by P2G..
CLAUSE 1 : PRODUCT CHARACTERISTICS AND PROPOSED SERVICES
1.1 Service Objective : P2G offers a collaborative 3D printing service.
The services offered by P2G, by means of its website, is to provide an online platform which allows a Freelabster to be put in contact with those clients who require 3D printing services.
1.2 Services offered: P2G permits the client to select files freely from its databank which is accessible from its website« http://www.freelabster.com». P2G does not own these files. The greater part are licensed by “Creative Commons”.
The client is permitted to use his own files to 3D print. The Freelabster selected by the client will produce the object in accordance with the client’s stipulated preferences such as: characteristics, colour, type of material and size.
1.3 Required Material : The client should have a computer as well as internet access. The cost of these two elements are both at the client’s own expense.
1.4 P2G has the right to refuse, at any moment, the production of any object(s) it considers could be or will be used for bad practices or public order as well as any object(s) which is has intellectual property rights. Although the list is not exhaustive, such objects will include any racist or discriminating objects, fire arms, any logo, or make whereby the rights are not owned by the client.
P2G will judge whether such an object(s) falls within those aforementioned categories stipulated in clause 1.4. The client can at any moment contact P2G directly if his printing order is refused as long he respects this clause.
CLAUSE 2 : TARIFS
The prices of library objects (which correspond to an estimate in the fabrication costs) are published on the website « http://www.freelabster.com », as well as the the indicated prices for personalised orders made by a Freelabster are in euros with VAT inclusive. The client must, however add shipping costs. The VAT and likewise the shipping costs will be indicated on the bill.
Orders are payable according to the estimate chosen by the client and at the time of the order’s creation. This is regardless of the country of origin from where the order was made. The estimate is selected from the ensemble of estimates proposed on the web site.
P2G declares that the prices for all objects displayed for sale in the library are indicative and they are subject to modification without warning at any time. Such a change will have no effect on any order which is already confirmed by the Freelabster and has been paid for by the client.
For those orders and deliveries effectuated out with France but within the European community, the general tax code relating to VAT will be applied accordingly (unless stated otherwise in the order confirmation). It should be noted however that it is the client’s responsibility to verify all importation regulations so as to ensure importation of the ordered object(s) is authorised by the destination country.
CLAUSE 3 : ORDER
To effectuate the 3D print of an item from a Freelabster, the client must follow the website’s online ordering procedure. This procedure follows the steps outlined as per description below:
- • Download a file or select a model from the website library. If it is a personalized object, the client should upload his content using the file format stipulated on the website accordingly.
- • The website provides an estimated price based on volume and the amount of material required to make the requested object. Once the client procures the credits to the equivalent amount; the project can start.
- • The client must supply all necessary billing information so that billing of the transaction can be completed.
- • The Client must confirm his order on verification of all data.
- • The Freelabsters are invited to bid and submit to the client an offer with the price at which they can 3D print the client’s project.
- • The client will select the Freelabster of his choice.
The Selected Freelabster is obliged to respect all terms and conditions established in the commercial proposition. After the Freelabster has accepted the order, P2G will automatically send confirmation to the client’s account at his/her user email address at “http://www.freelabster.com”. If the client detects that there are any errors in this order; he/she must contact P2G as quickly as possible. However, in the event that the Freelabster has already started making the print, the project can be neither cancelled nor modified.
Whether the client wishes to print an object from the « http://www.freelabster.com » online library or from his/her own file, it is obligatory that all contact details stipulated on the P2G website are completed, that a payment is made so as the account is in credits (in accordance with the website’s condition), and that the order has been validated after having verified the billing and delivery addresses.
CLAUSE 4: ORDER VALIDATION
Once the order has been made the client will receive a recapitulative confirmation by email from P2G.
All data saved and conserved by P2G will be used to track all transactions between P2G and its clients.
The Freelabster must inform P2G of the status of each and every of its order(s) in progress so that P2G can follow up and inform its clients (by email or by means of the dashboard). All contact by email will be executed by means of the email address supplied by the client on « http://freelabster.com » website.
Validation of an order signifies the acceptation of all current general terms and conditions, and it is seen as a demonstration that a full understanding of them has been reached. The acknowledgement that these Terms and Conditions prevail over any and all other conditions that the Purchaser may wish to apply to the transaction
The « click » on the « Validate » button will validate the order. The action of clicking on this button is a commitment and is esteemed to have the same value as an electronic signature between the two parties. This action is legally binding and it holds the same significance as a paper signature.
CLAUSE 5 : FABRICATION PROJECT DELIVERY
5.1 Fabrication :
The Freelabster must take into account and respect the Freelabster Quality Charter which can be found in « Helpdesk ». This charter must be accepted at each commercial proposal to a client.
The Freelabster agrees to complete each project within the agreed time delay established at the time of order. To ensure that deadlines are met, the Freelabster can verify the length of time remaining by logging into his dashboard.
5.2 Delivery :
By means of his dashboard, the Freelabster will agree together with the client the exact location of the object’s delivery point.
The Freelabster must ensure that the delivery time is within the timescale agreed in the project details.
If a delay in delivery is foreseen by the Freelabster, the Freelabster must inform P2G and his/her client immediately.
From the moment that the object(s) are in the client’s own possession the object’s cleanliness and any risks which may accompany this are at the client’s own risk.
P2G does not undertake at any moment, the manufacture or the delivery of the ordered object. P2G cannot be held responsible in the event of any defects in the order or delivery problems However, the client should inform P2G of any such problem that he/she may encounter.
CLAUSE 6 : PAYMENT
The client can pay by a card transaction. Those cards excepted are : debit cards, Mastercard & Visa.
P2G does not conserve bank card data. No such data is directed through their servers.
Payment is effectuated on line via the secured banking: STRIPE.
Before validating a project, the client must credit his/her account to the same amount as the estimated manufacturing costs as marked on the website.
If the Freelabster should propose a price which is inferior to P2G’s estimated price, the difference in this pricing will be held as a credit on the client’s account which can be then used to carry out future orders.
All payments made by the client to credit his account will expire after a period of 2 years. Once this time has elapsed and the expiry date has been reached, the client will be unable to use the credit to effectuate any new order with a Freelabster via the website. Credits can be neither exchanged nor refunded. Those credits which remain unused can be neither transferred to another account on the website nor to a bank account.
The Freelabster will be able to request the payment of its balance of credits once the sum of thirty euros (30 €) has accumulated on his/her Freelabster account.
To close an account, the Freelabster must pay the administrative fees of up five euros (5€) depending on remaining credits on his/her Freelabster account.
If the Freelabster proposes a price which is superior to the website’s estimated price, the client must credit his/her account with the difference before validating the printing of his project.
The order amount is debited from the client account at the moment that the Freelabster has been selected and validated. The credit transfer to the Freelabster is done once the client has validated reception of the project. The website reserves the right to automatically validate an order if the client does not indicate otherwise. This will be done 72 hours after the estimated reception time. All bills are available on the P2G site under the heading “My Account” where each project is detailed.
Obligation to make payment: The client will make payment on the validation of his online purchase. This price is the one which he/she has contracted, in euros (€) and is determined by the tarif base indicated on the site at the moment of purchase.
The payment received by the Freelabster corresponds uniquely to the printing cost. No cost valuation linked with the object’s destined usage is accepted. P2G will receive 15% of the price of each order via its site “http//:www.freelabster.com” This commission corresponds to the platform’s ongoing editing costs as well as its service of putting the Freelabster in contact with their clients.
CLAUSE 7 : RETRACTION RIGHTS
Rights of Retraction by P2G :
PG2 reserves the right, by its own discretion to accept or reject an order during or even after the Freelabster’s acceptation of the order. This can be for technical or other reasons such as the 3D print’s technical unfeasibility or in the case that the object goes against the general terms and conditions or any applicable law or regulation or in the case of the client’s non- payment of the totality of the order’s cost.
Rights of Retraction Freelabster :
Once the Freelabster has been chosen by the client, he/she cannot retract and he/she will be obliged to complete the 3D printing services that he/she has proposed to that said client.
Rights of Retraction – client:
The right of withdrawal cannot apply in accordance with the provisions of Article L221-28 of the Consumer Code as it regards objects chosen from the online library or from files supplied by the client to the Freelabsters. The retraction is notably excluded for those orders « Supplies of goods made according to consumer specifications or clearly personalized «
CLAUSE 8: P2G RESPONSIBILITY
P2G only holds an obligation for the particular use of all the tools made available to its customers on its site, inclusive of those technical elements present in ordering process.
P2G is not a printer and is purely a platform which puts client and Freelabster in contact with one another. Being so the case, P2G does not guarantee the quality of the 3D prints effectuated by the Freelabster and in the same manner cannot be held responsible in the case that those objects are faulty or those which do not correspond to the client’s order.
All reclamations linked to the object’s 3D print should be directly addressed to the Freelabster.
Any inherent consequences to the client such as allergic reactions to the materials used for the fabrication of the object or an incident linked to the inappropriate utilisation of the object other than its normal usage is neither at P2G’s risk nor P2G’s responsibility.
The client recognises and accepts that P2G cannot be held responsible for direct or indirect damages, accidents or compensation for moral harm, costs and loss which could happen during the utilisation of the object.
The Freelabster cannot hold P2G responsible for any incident linked to 3D printing orders such as a fire or any problem which is linked to damage to the machine.
P2G has no control over the file content transmitted by its clients to the Freelabster and declines all responsibility in this respect. P2G does not guarantee the quality of the objects supplied by means of its printing service unless it can be proven that P2G is at fault.
P2G will try to ensure the availability of the website 24/24 hours 7/7 days. However P2G cannot be held responsible should the website become unavailable for reasons such as updating of the website, maintenance or the servers unavailability.
CLAUSE 9 : INTELLECTUAL PROPERTY
P2G is authorised to check the data content of any 3D file sent by the client. However the client is solely responsible for the file content which he/she has uploaded onto the website and sent to Freelabster.
The client maintains ownership of all files for 3D printing transmitted to P2G or to the Freelabster.
P2G guarantees that all available files from its online library are under license for free usage such as « Creative Commons » or indeed have the same rights as “Creative Commons” files. P2G cannot be held responsible for the non- respect of intellectual property present on its site.
P2G can in this case withdraw a model from the online library by the written request of the model’s owner.
The client declares the right to detain all intellectual property and industrial rights which relate to any 3D printing files which have been supplied to the Freelabster and also in general terms any document which he/she entrusts to P2G. If the client is not the author of a file, he/she must guarantee that model is not licensed and is similar to the type of filed used by Creative Commons. If the client does not have the author’s authorisation of the foresaid 3D model; the client does not have the right to order its manufacture on the P2G site.
The client guarantees that P2G will not have any element which allows a third party to vindicate his/her intellectual or industrial property rights or any other private personnel right.
P2G will not be held responsible for the non-respect of intellectual property for any files submitted by the clients to a Freelabster.
The client is committed to strictly personal usage of all the objects proposed and presented in the website catalogue present on the website «http// www:freelabster.com and those objects licenced under « Creative Commons » or any similar file provider. The client cannot, under any circumstances, make use of any printed object for commercial usage.
The client freely assigns P2G the right to photograph and / or to reproduce, for promotional purposes temporarily or to verify the Freelabster know-how, of any realization resulting from files transmitted by the client to the Freelabster
CLAUSE 10 : PERSONAL DATA
The client commits to furnish with precision, all relevant elements of his/her personal data that are required to complete the ordering process
In the case that information may be erroneous, P2G and the Freelabster cannot be held responsible for any subsequent impediment caused to the shipment of the order or orders to the client.
Such information is mandatory and essential so that all orders can be processed. The transaction history on the website « http://www.freelabster.com » will be conserved in accordance with the legal duration allowed for the conservation of personal data. The data provided by the client is subject to computerized processing and can be modified without the prior notification of the customer, in particular for the advancement of the status of his order.
P2G reserves the right to collect data from its clients through the usage of cookies. Should P2G wish, this information can be shared and transmitted to its commercial partners.
The client has the right to oppose any disclosure of contact details by notifying P2G directly.
The client is informed that the automated treatment of information; notably the management of users email addresses, has been declared to CNIL. No data shall be divulged to a third party without the client’s accord.
Data Security : P2G commits to assuring the confidentiality and security of data, in accordance with current data protection methods.
P2G commits to assuring that all precautions are used to preserve data security such as the prevention of deformation, damage of, and/or the access to non authorised information. In particular P2G commits to respect all prescribed methods to which these methods should comply.
CLAUSE 11 : SETTLEMENT OF DISPUTES
The interpretation and execution of the current general terms and conditions and the relationship between P2G,Freelabsters and clients are governed by French law
The parties undertake to endeavour to settle any disputes, whether amicably or in good faith, which may arise between them concerning the interpretation, partial or total execution or non-performance of these General Conditions.
The client or the Freelabster will address P2G as a matter of priority to achieve a amical solution.
In the case of a professional client, the dispute will be submitted to a mediator of the Professional Chamber of Mediation and Negotiation (« CPMN »).
One of the parties will then have to mandate the mediator to organize a meeting with the other party within one month of the request. The mediator will send a letter with acknowledgment of receipt to each party indicating the date, time and place of the meeting. The mediator’s costs of intervention shall be fairly distributed among the parties who undertake to participate in at least one meeting with the mediator in order to find an adequate solution to the dispute.
If the parties are unable to come to an agreement, this current arbitration clause shall be deemed honoured.
Any dispute or dispute between the parties arising out of or in connection with these General Terms and Conditions, concerning their application, interpretation and / or liability, which could not be settled amicably by the Parties, shall be submitted To the competent courts of Nice.