Terms and Conditions

Version 1  – March  2020

About Us

3CM, available through the website www.3clickmanufacture.com (hereafter “the Site”) is a company, established and registered in Greece.

Agreement

Your usage of the Site is subject to your compliance with the terms and conditions set forth below. If you do not agree to these Terms of Use, do not use the Site.

3CM may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified version on the Site. Your continued use of the Site 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 3clickmanufacture/3CM or any of its subsidiaries or affiliated companies (hereafter ‘3CM’) unless made in writing by an authorised representative of 3CM.

The Site is available in English only. An order can be placed in English.

Usage of the service

3CM offers the service of creating your design. 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 3CM in case of unauthorized use of your account. 3CM 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 Site account details section and 2) maintaining and promptly updating account information to maintain its accuracy, currency and completeness.

Ordering process

The ordering process happens as follows : you upload or select the model you would like to be reproduced by 3CM; you choose the material, colour, surface and size of the model (pay attention, the thickness must be sufficient); you choose the country where the model must be delivered; you have a view of the order and the costs (production, delivery, and other taxes when applicable); you choose the payment manner and execute the payment and confirm the order. Before paying, you have the possibility to go back in the process (clicking the “back” button) if you see that a mistake has been made and you would like to modify it.

You must ensure that the information you submit in your order is accurate and complete before paying it, because afterwards it is impossible to bring any modification because the production starts immediately. Should it not be the case, modifications will be allowed in so far it has been agreed by 3CM in writing.

When you place an order, you make an offer to us to buy a product. After you have placed an order, we will send you an e-mail confirming your order details. This confirmation means that a binding agreement will exist between us, except if your offer is based on a file which contains two or more models or if there is an inability to process orders, which you shall be informed at last within two working days after filing your order.

3CM may, at any time during the quotation and the ordering and the manufacturing process, revoke and/or cancel any quotation/order, if there are technical reasons to do so. In such case, 3CM will reimburse you all monies paid.

3CM acts according to its mission, which is to make the world a better and healthier place to live. Therefore, 3CM reserves the right to refuse at its own discretion and at all times an order that is in conflict with its mission and value statement. Creating firearms, their components, or any other prototype or model intended for the weapon industry, or models for which 3CM has ethical concerns in general, are rejected to be quoted or produced. 3CM reserves the right to discontinue the execution process of those orders.

You expressly acknowledge that 3CM is not in the position to act as a medical professional. The product that was ordered must not be used in any way for the diagnosis or treatment of disease or in surgery.

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-surface-colour-quantity combination. In such cases, 3CM undertakes best effort to contact you. In any case, 3CM 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 (such as modification of price, of terms/term of deliver) resulting from such decision.

3CM shall not share your uploaded design file with a third party, unless it is required for analysing and repairing your model and for production reasons. The manufacturing third parties are bound to a similar level of confidentiality as 3CM is towards you.

3CM maintains records of orders and allow you to have access to it for an indefinite period. 3CM 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 3CM contains the cost for the services rendered by 3CM, 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 3CM, will be paid by you.

The price is calculated in EURO. 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 3CM. 3CM  remains the sole owner of the products until their entire payment, transport and taxes included.

Separate parts of a quote can be invoiced separately. 3CM 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. 3CM 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.

Term of delivery – Risk of transport

The average time required to produce the model is about 15 working days. This is a preliminary indication, but does not bind 3CM in any way. The actual delivery time is determined by a number of circumstances, for example (but not limited to) working conditions applicable at the time the agreement is concluded, on the punctual delivery of the materials or products ordered by 3CM 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.

3CM 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

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

Upon delivery of the product, 3CM 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 2 days after your receipt of the product. In the case that you omit to exercise this control or decides to use a non-conform product, you dismiss 3CM 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 3CM to do so.

3CM reserves the right to revoke and/or modify (part of) a quotation and/or order confirmation for technical reasons. The liability of 3CM 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 3CM, 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 3CM does not accept any responsibility for changes made to such communications after their dispatch. It may therefore be inappropriate to rely on information/advise contained in an e-mail without obtaining written confirmation of it. 3CM 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 notify3CM in writing that e-mail is not an acceptable means of communication.

Intellectual property

3CM grants you a limited, non-exclusive license to generate quotes and place orders with 3CM. 3CM retains all ownership and intellectual property rights to the Site. You may not cause or permit reverse engineering, disassembly or decompile the Site.

The 3clickmanufacture.com website contains names, which are trademarks and/or brand names of 3CM. These marks and other 3CM brand names may not be used without the written permission of 3CM. The copyright in the content of the Site is owned by 3CM or other third parties. No part of the Site may be copied or reproduced for commercial purposes without the express written permission of 3CM or the identified owner of the information and content.

3clickmanufacture.com provides an internet-based service to users, which they use to design and sell products. 3CM contractually prohibits its users from using the service to order and/or sell products that infringe third party intellectual property rights (including among others copyright, trademark, design and model, patent, trade dress and right of publicity, etc.). You are solely responsible for the content that you upload on the Site. By submitting an order to 3clickmanufacture.com, you confirm that you are the owner and/or you have obtained from a third party the rights necessary for submitting this order to 3clickmanufacture.com for production and commercial use without any violation of any intellectual property rights. 3CM will not claim any rights on your design. If the design you submit to 3CM risks infringing the intellectual property rights of third parties, 3CM reserves the right to either not produce the design or produce the design 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 3clickmanufacture.com against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by 3clickmanufacture.com 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 3CM will implement reasonable precautions to attempt to prevent such occurrences, you further acknowledge that 3CM does not guarantee such events will not take place and that 3CM will not be liable for any such occurrences. You shall be solely responsible for ensuring that any information or content downloaded from the Site or any other website accessed from the Site 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 3CM 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.

Confidentiality

3CM agrees to treat your files as strictly confidential. It will use the design file to produce the model and it will not share the file with a third party unless it is required for model analysis and production reasons.

By submitting an entry (including a 3D file, Engineering Drawing, Sketches, Pictures and Text description) to a 3clickmanufacture.com contest , you grant a non-exclusive, royalty free, unlimited in the time, worldwide license to 3CM to display the design you submitted and/or a reproduction of this design for marketing purposes. 3CM has the right to reproduce the design in 3D, to take photographs/pictures and reproduce the pictures of the design on any support (CD, DVD, internet, folder, etc.) for marketing purposes. 3CM shall never reproduce the design for which you grant a license in order to sell it. By submitting your design to the contest, you confirm that you are the sole creator of the model and that you do not infringe any copyright or any other intellectual property right (trademark, design and mode, patent, etc.) of a third party and/or that you obtained all the necessary permissions in order to duly allow such a license to 3clickmanufacture.com

Limitation of liability

The information and content provided on the Site and your access of the Site does not create any relationship between you and 3CM.

ALL INFORMATION AND CONTENT ON OR OBTAINED THROUGH THE SITE 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. 3CM DOES NOT WARRANT THAT THE USE OF THE SITE 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.

3CM 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 SITE, OR THE INFORMATION OR CONTENT, IRRESPECTIVE OF THE BASIS FOR SUCH CLAIM.

UNDER NO CIRCUMSTANCE CAN 3CM BE HELD LIABLE FOR ANY PRODUCT DEFECTS OR SPECIFICATIONS WHICH HAVE BEEN REQUESTED/ANALYSED IN THE QUOTATION PHASE. THE LIABILITY OF 3CM 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 of 3CM; subject to the situation that these Personal Data are required to process your order and to fulfil 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 3clickmanufacture.com 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 3CM it shall also be regarded as “Personal Data”.

The Personal data are collected by 3clickmanufacture.com in order to:

  • fulfil 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

3CM may share, make available or transmit Personal Data to other departments and divisions in 3CM, and other 3CM Companies within Europe and overseas, including Ukraine.

3CM will not disclose Personal Data to entities and persons, other than 3CM, (“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 3CM 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, 3CM or other 3CM Companies. In such cases, 3clickmanufacture.com takes measures to ensure that the third parties comply with 3CM’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; and
  • comply strictly with applicable laws.

Governing Law, Jurisdiction

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

Warranty

3CM warrants that the manufactured model shall substantially meet the features of the ordered model within the limitations of current manufacturing technologies. 3CM will decide solely about the building orientation of the model. A printed model cannot be refused because of the chosen printing orientation. Because of production reasons (different print orientation, composition of raw materials), there may be minor visual differences between multiple copies of one model.

If the printed model is made of precious metals, 3CM warrants that the model will be in accordance with the Precious Metals Marking Laws and Regulations.

3CM MAKES NO WARRANTY OTHER THAN THOSE MADE EXPRESSLY IN THIS TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY LAW. 3CM 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

Specifications of Parts and Tooling

  1. You are responsible for providing 3CM with correct and complete 3D CAD data and/or 2D technical drawings to produce the Parts and tooling. All relevant files required for the production of Your Parts and tooling must be uploaded by You to the quote page or, in the event of a specific or special Order, provided to 3CM in the agreed upon manner. 3CM does not have an obligation to review any of the specifications, data or drawings You provide.
  2. 3CM uses the 3D CAD data and, 2D technical drawings as may be provided by You, to generate Parts and tooling. If 2D technical drawings are provided, 2D technical drawings will take precedence during production if these have been provided before we accepted Your order or unless otherwise agreed. 3CM is not responsible for discrepancies between 3D CAD data and technical drawings.
  3. If an Order includes threads or specific tolerances it is Your responsibility to provide a technical drawing with the relevant specifications, to ensure to indicate this in the quotation request and to check if this is reflected correctly in the Order.
  4. 3CM will not be responsible for incorrectly designed Parts, Parts that do not assemble correctly, Parts with thick cross-sections that produce sink marks, warp, or incorrectly provided CAD data or technical drawings.
  5. 3CM rejects all responsibility for material selection and material suitability for Your application. 3CM is not responsible for the fit or assembly of Parts unless specifically agreed upon in writing.

Tooling Ownership and Storage

  1. All custom tooling for Your Parts shall be Your property, however reusable proprietary components will remain the property of 3CM. All custom tooling will remain at 3CM production facility.
  2. As long as 3CM is making Parts for You at 3CM’ production facilities, 3CM will guarantee Your tooling for the agreed upon tool life (as stated in the Order). 3CM will, in its sole discretion, repair or replace worn or damaged tooling at 3CM’s expense for the agreed upon tool life.
  3. After a two-year period of inactivity of the tooling, 3CM may destroy the tooling, in its sole discretion.

Acceptance, Complaints and Retention of Title

  1. If after receiving Your Order You alter the Parts in any way without the prior written consent thereto of 3CM, the Parts will be deemed accepted, non-returnable and non-refundable.

No waiver

No omission or delay on the part of any party to insist on strict performance of any terms, or in exercising any right, power or remedy under these terms, 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 shall be a waiver of any subsequent breach of that or any other term.

Circumstances beyond our reasonable control

3CM will make every effort to perform its obligations under these terms. However, 3CM is not liable in case of force majeure. Force majeure implies any circumstance beyond the control of 3CM – even if this circumstance was foreseeable at the time the agreement was concluded – which permanently or temporarily prevents fulfilment 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, 3CM will perform our obligations as soon as reasonably possible.

Severability

If all or any part of one or more of these terms 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 or the remaining parts of the relevant term 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.

If you have any questions or comments regarding the Site, please contact us by email at info@3clickmanufacture.com.

 

PLEASE PRINT THESE GENERAL TERMS OF SALE FOR YOUR FILES.