The following are terms and conditions of a legal agreement between you and Finnovation Product Development, LLC and govern your use of Finnovation Product Development Services and Finnovation Product Development website (“website”) for online business transactions. You affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and conditions, and to abide by and comply with these Terms and Conditions contained herein. By using Finnovation Product Development website, you acknowledge to have read, understood and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree with these terms you should not use Finnovation Product Development services and website.
Finnovation Product Development reserves the right to change these Terms and Conditions as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the website and you are deemed to have accepted the terms on your first use of the website following the alterations. Finnovation Product Development, LLC will utilize commercially reasonable efforts to provide notice of such changes. The changes will become binding 30 days after they are posted on the website if you have not used the website.
Intellectual Property Rights in Your Design
You as a designer retain all your intellectual property rights in your 3D model(s). In printing your 3D model for you, Finnovation Product Development does not obtain any rights in your design or permission to use or copy it. Its rights are limited to printing it for you for the service fees outlined in your quote. Your 3D model(s) shall be your original creation and not be copied from any other third party and/or entity. You warrant that your 3D model(s) will not infringe the intellectual property rights of third parties. Should your 3D model(s) nevertheless be found to be infringing and/or in violation of any law, you will defend Finnovation Product Development against third party infringement claims, and be held liable for all (direct and indirect) damages and costs incurred by Finnovation Product Development with respect to such infringement and/or violation.
Inspection and return of models
If you are not satisfied with your model that you have ordered and received, you may contact us at within 10 days after receipt of the model, and you may return the model at your expense within 10 days of receipt and receive a full refund of the model (exclusive of taxes and shipping charges).
Confidentiality Statement
The confidential nature of your 3D printing project is never underestimated within Finnovation Product Development. We are committed to providing the most secure environment possible, throughout the entire manufacturing process and in our communications with you. We understand that trust is not always enough when it comes to ensuring confidentiality. We reasonably expect therefore to adhere to any stipulations set out in non-disclosure agreements (NDA) you may wish to provide and will use any secured communications portal your Finnovation Product Development has for communications with its suppliers or customers. For those with national security or military use technology, please note that Finnovation Product Development is not ITAR certified, however, data security is of great importance to Finnovation Product Development and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected. Finnovation Product Development is in the business of 3D printing services. As we accept orders from many individuals and businesses, it is not possible for us to promise to not produce other similar products requested by others, but we can promise your designs will not be used by us or any other person on account of our printing service work for you.
Finnovation Product Development may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, and other services related to our services for you. The providers of such services do not have access to certain personal data provided and any data used by such parties is used only to the extent required by them to perform the services that Finnovation Product Development requests. Any use for other purposes is strictly prohibited.
Placing an order
To order the model you have designed, you request a quotation and click the order button. Then you can select the quantity of the model that you require and the material you want the model to be made of. As the next step, we ask you to provide us with information we need for the delivery of the model and the files for printing your design in “ready to print” format. When this is complete, you will be redirected to our payment provider’s website to initiate your payment. Please be informed that the language to be used during the whole ordering process is English.
The agreement for 3D printing services following will be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, e-mail, confirmation of order, specification or other document). No terms or conditions endorsed upon, delivered with or contained in your purchase order, confirmation of order, specification or other document will form part of the contract simply as a result of such document being referred to in the contract. These conditions apply to all Finnovation Product Development's sales and any variation to these conditions and any representations about the goods shall have no effect unless expressly agreed in writing and signed by the Ian Finn. Nothing in this condition will exclude or limit Finnovation Product Development's liability for fraudulent misrepresentation. Each order for goods by you from Finnovation Product Development shall be deemed to be an offer to purchase Goods subject to these conditions. No order placed by you shall be deemed to be accepted by Finnovation Product Development until a written acknowledgement of order is issued by Finnovation Product Development or (if earlier) Finnovation Product Development delivers the goods to you. You must ensure that the terms of your order and any applicable specifications are complete and accurate. Any quotation is given on the basis that no contract will come into existence until Finnovation Product Development dispatches an acknowledgement of order to you. Any quotation is valid for a period of 7 working days only from its date, provided that Finnovation Product Development has not previously withdrawn it.
This website allows for uploading, sharing and general viewing of various types of 3D printing and CAD files. Ethics, legal compliance and protection of intellectual property of others are part of our core mission and we deliver honest, good quality products and services at all times and stand behind our work. We expect the same of our clients. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on the website content which is illegal, unlawful, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, libelous, hateful, racial or invasive of one's privacy including but not limited to personal information. You also agree that you shall not post, upload, publish, transmit or make available in any way on the website software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, be malicious in any manner, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on the website content which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, including but not limited to any laws or regulations relating to securities, privacy, and export control. You agree not to use the website in any way that exposes Finnovation Product Development to criminal or civil liability and will indemnify Finnovation Product Development for any fees, penalties, losses or attorneys fees associated therewith. You agree that Finnovation Product Development shall have the right to determine in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of these terms and conditions.
Unacceptable orders and cancellation of orders
There are sometimes technical or other reasons why Finnovation Product Development may not be able to accept or will need to cancel your order. (Such reasons can be for example but are not limited to, the unfeasibility of the model, inability to obtain or use the material requested to produce the product, the inability to meet unreasonable client time deadlines, the destination of the delivery, etc.) We reserve the right during the entire ordering process to cancel any order placed with us for these or other similar reasons. In case we cancel your order, you will receive a full and prompt refund for any monies paid. After payment, you cannot cancel your order, however, we may consider accepting your cancellation, if you contact us. Each case will be considered on an individual basis.
Finnovation Product Development does not permit copyright infringing activities or infringement of intellectual property rights in any fashion including on or through its website, and will promptly and without prior notice cease printing 3D model orders if properly notified of infringements on third party's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your rights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our DMCA agent Ian Finn with the following information in electronic form: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description identifying the material claimed to have been infringed and that is to be removed or access to which is to be disabled, and the location where the original or an authorized copy of the material exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.); (3) information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail; (4) a statement that you have a good faith belief that use of the material, in the manner complained of, is not authorized by its rightful owner, its agent, or the law; and (5) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the rightful copyright owner or that you are authorized to act on behalf of the owner`s behalf.
Prices
Unless revised by Finnovation Product Development in writing, the price for the goods shall be the price set out in Finnovation Product Development's quotation. The price for the goods shall be exclusive of any sales or value added tax and (unless stated as included in the quotation price) all costs or charges in relation to loading, unloading, carriage and insurance all of which amounts you will pay in addition when it is due to pay for the goods. If you alter your order, specification, requirements, or, if the price of materials increase after the date the quotation is given, Finnovation Product Development reserves the right to adjust the price in the quotation to cover such additional costs to Finnovation Product Development, any such price adjustment to be communicated to you in writing.
Payment of the price for the goods is due within seven working days of the date which the goods are delivered or deemed to be delivered. Time for payment shall be of the essence. No payment shall be deemed to have been received until Finnovation Product Development has received cleared funds. All payments payable to Finnovation Product Development under the contract shall become due immediately upon termination of this contract despite any other provision.You shall make all payments due under the contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by Finnovation Product Development to you. If you fail to pay Finnovation Product Development any sum due pursuant to the contract, you will be liable to pay interest to Finnovation Product Development on such sum from the due date for payment at the annual rate of 1.5% per month above the base lending rate from time to time of the Wall Street Journal, accruing on a daily basis until payment is made, whether before or after any judgment.
Finnovation Product Development reserves the right to change its prices without prior notice. We do our best to prevent errors in the pricing. However, should an error occur, we are not bound by our offer and may cancel the order. Any monies paid related to that order will be promptly refunded to you in full.
Delivery Tracking
Once your order has been processed and shipped, you will receive an email with a tracking reference and a link to our third party courier’s website, where you will be able to track your delivery.
Shipping
Your order will be delivered to your shipping address. We deliver to multiple countries and you can select those countries as your shipping address during the ordering process. We will do our best efforts to deliver the model to the shipping address within 2 working days, nevertheless depending on the shipping address, it may take longer time. We are not responsible for any delay in shipping.
Unless otherwise agreed in writing by Finnovation Product Development, delivery of the goods shall take place at Finnovation Product Development's place of business. You will take delivery of the goods within two working days of Finnovation Product Development giving it notice that the goods are ready for delivery. Any dates specified by Finnovation Product Development for delivery of the goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery will be within a reasonable time. Subject to the other provisions of these conditions, Finnovation Product Development will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods (even if caused by Finnovation Product Development's negligence), nor will any delay entitle you to terminate or rescind the contract unless such delay exceeds 90 days. If for any reason you will not accept delivery of any of the goods when they are ready for delivery, or Finnovation Product Development is unable to deliver the goods on time because you have not provided appropriate instructions, documents, licenses or authorizations: risk in the goods will pass to you (including for loss or damage caused by Finnovation Product Development's negligence); the goods will be deemed to have been delivered; and Finnovation Product Development may store the goods until delivery whereupon you will be liable for all related costs and expenses (including, without limitation, storage and insurance).
The quantity of any consignment of goods as recorded by Finnovation Product Development upon dispatch from Finnovation Product Development's place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
Finnovation Product Development shall not be liable for any non-delivery of goods (even if caused by Finnovation Product Development's negligence) unless written notice is given to Finnovation Product Development within seven days of the date when the goods would in the ordinary course of events have been received. Any liability of Finnovation Product Development for non-delivery of the goods shall be limited to replacing the goods within a reasonable time or issuing a credit note at the pro rata contract rate against any invoice for such goods.
The goods are at your risk from the time of delivery. Ownership of the goods shall not pass to you until Finnovation Product Development has received in full (in cash or cleared funds) all sums due to it in respect of: the goods; and all other sums which are or which become due to Finnovation Product Development from you on any account. Until ownership of the goods has passed to you, you must: store the goods (at no cost to Finnovation Product Development) separately from all other goods of you or any third party in such a way that they remain readily identifiable as Finnovation Product Development's property; not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on Finnovation Product Development's behalf for their full price against all risks to the reasonable satisfaction of Finnovation Product Development. On request you shall produce the policy of insurance to Finnovation Product Development; and hold the proceeds of the insurance referred to in condition on trust for Finnovation Product Development and not mix them with any other money, nor pay the proceeds into an overdrawn bank account. You may resell the goods before ownership has passed to it solely on the following conditions: any sale shall be effected in the ordinary course of your business at full market value; and any such sale shall be a sale of Finnovation Product Development's property on your own behalf and you shall deal as principal when making such a sale. Your right to possession of the goods shall terminate immediately if: you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed over its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for you winding up of you or for the granting of an administration order in you respect, or any proceedings are commenced relating to the insolvency or possible insolvency you suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe/perform any of his/its obligations under the contract or any other contract between Finnovation Product Development and you, or is unable to pay its debts or you ceases to trade; or You encumbers or in any way charges any of the goods. Finnovation Product Development shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from Finnovation Product Development. You grant Finnovation Product Development, its agents and employees an irrevocable license at any time to enter any premises where the goods are or may be stored in order to inspect them, or, where your right to possession has terminated, to recover them.
Warranty and Limitations of Liability
The models are not suited to be used as toys or to be given to children. The models may have small parts that pose a choking hazard. The models should not come in contact with electricity or food and drinks and should be kept away from any sources of heat. (The models are washed in corrosive or potentially harmful chemicals such as sodium hydroxide. They are washed and rinsed well under industry conventional practices and procesures but contact with eyes and mouth should be avoided.)
Finnovation Product Development warrants only that the model manufactured by us will substantially meet the features of the indicated 3D model within the limitations of the 3D printing technology. Finnovation Product Development does not give any warranty about the models and cannot guarantee that the model will be fit for any particular purposes. Finnovation Product Development is printing the model from designs provided by you or approved by you, unless you have separately hired us to create a design for you based on your concept and product specifications. Finnovation Product Development is providing 3D printing consultation and production services only and is not acting as a licensed professional engineer for any design services. Finnovation Product Development makes no warranty other than those made expressly in these terms and conditions to the fullest extent permitted by law, Finnovation Product Development hereby expressly disclaims any representations or warranties of any kind, expressed or implied, including without limitation warranties of merchantability, fitness for any particular purpose, or non-infringement.
Finnovation Product Development provides its website and services “as is“ and “as available”. Finnovation Product Development does not warrant that the use of the website and the services will be uninterrupted or error free.
These Terms and Conditions set out the full extent of our obligations and liabilities in respect of Finnovation Product Development Services. There are no warranties, conditions or other terms that are binding on us regarding the supply of services except as expressly stated in this agreement. Any warranty, condition or other term arising out of or in connection with the supply of the services or the delivered models which might otherwise be implied into or incorporated into this agreement by statute, common law, laws applicable in the country where you ordered the services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.
Nothing in this agreement shall limit or exclude our liability for fraud or any breach of the obligations implied by applicable compulsory national laws as to title or any liability which cannot be excluded by law.
Finnovation Product Development shall not be liable for a breach of any of the warranty imposed if: the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice; or you alter or repair such goods without the written consent of Finnovation Product Development. If any of the goods do not conform with any warranty imposed or implied by law, Finnovation Product Development shall at its option repair or replace such goods (or the defective part) or refund the price of such goods at the pro rata contract rate provided that, if Finnovation Product Development so requests, you shall return the Goods or the part of such goods which is defective to Finnovation Product Development.
Finnovation Product Development will not be liable under this agreement for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise. Finnovation Product Development’s maximum aggregate liability under this agreement whether in tort (including negligence) or otherwise shall in no circumstances exceed the fee payable by you to Finnovation Product Development for the services.
Indemnification
You agree to indemnify and hold Finnovation Product Development and its owners, consultants, contractors and employees harmless from and against all liabilities, costs, damages and expenses (including reasonable solicitors’ fees) arising from or relating to any claims that result from breach of these Terms and Conditions.
Website Use and Privacy Policy
Copyright and all other proprietary rights in the content of the website (including but not limited to software, audio, video, text and photographs and excluding all User-Uploaded Content) rests with Finnovation Product Development. This includes any Finnovation Product Developmenting documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the website, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, all of the foregoing, individually and/or collectively, is referred to herein as ("Content"). Content on the website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Finnovation Product Development reserves all rights not expressly granted in and to the website and the content. You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, and/or distribution of for any commercial purposes. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on use of the website or the content therein.
Finnovation Product Development has taken care to ensure that the information contained in this website is accurate and up to date. However, no warranty is given to the accuracy of the content.
This website may provide links to other websites that are not under the control of Finnovation Product Development. Finnovation Product Development shall not be responsible in any way for the content of such websites. Finnovation Product Development provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by Finnovation Product Development of the content of such websites.
Since Finnovation Product Development is both a “brick and mortar” and a web based service, it might be subject to temporary interruptions. Time to time we also update our website when the site may not be available for a certain period of time. We will endeavor to ensure that the website operates reliably and consistently, but we do not warrant that the website will operate uninterrupted without any faults. We are not responsible for any losses suffered by you as a result of any interruption of the website and/or suspension of your access to the website. Finnovation Product Development reserves the right to modify or discontinue the service at any time.
This policy applies as between you, and Finnovation Product Development the owner and provider of this website. This policy applies to our use of any and all data collected by us in relation to your use of the website and any Services.
Data Collected and Our Limited Use of Data to Provide You Services
Without limitation, any of the following data may be collected: name; date of birth; gender; job title; profession; contact information such as email addresses and telephone numbers; demographic information such as post code, preferences and interests; financial information such as credit / debit card numbers; IP address (automatically collected); web browser type and version (automatically collected); operating system (automatically collected); a list of URLS starting with a referring site, your activity on this website, and the site you exit to (automatically collected); and cookie information.
Any personal data you submit will be retained by Finnovation Product Development for as long as you use the Services provided on the website. Data that you may submit through any communications that we may provide may be retained for a longer period. Unless we are obliged or permitted by law to do so, your data will not be disclosed to third parties. This does not include our affiliates and other companies within our group that is providing the services to you. All personal data is stored securely. Any or all of the above data may be required by us from time to time in order to provide you with the best possible service and experience when using our Web Site. Specifically, data may be used by us for the following reasons: internal record keeping; improvement of our products / services; transmission by email of promotional materials that may be of interest to you; contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customize or update the website.
GENERAL
These Terms and Conditions shall be governed by the laws of New York (United States). 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 Finnovation Product Development Service or Website or relating to the models ordered and delivered, shall be brought to the courts of Monroe County and the Western District of New York.
You shall not be entitled to assign the contract or any part of it without the prior written consent of Finnovation Product Development. Finnovation Product Development may assign the contract or any part of it to any person, firm or Finnovation Product Development.
Finnovation Product Development reserves the right to defer the date of delivery or to cancel the contract or reduce the volume of the goods ordered by you (without liability to you) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Finnovation Product Development including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials Provided that, if the event in question continues for a continuous period in excess of 180 days, you shall be entitled to give notice in writing to Finnovation Product Development to terminate the contract.
Each right or remedy of Finnovation Product Development under the contract is without prejudice to any other right or remedy of Finnovation Product Development whether under the contract or not.
If any provision of the contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the contract and the remainder of such provision shall continue in full force and effect.
Failure or delay by Finnovation Product Development in enforcing or partially enforcing any provision of the contract will not be construed as a waiver of any of its rights under the Contract.
Any waiver by Finnovation Product Development of any breach of, or any default under, any provision of the contract by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the contract.
The parties to this contract do not intend that any term of this contract will be enforceable by third parties or by any person that is not a party to it.
All communications between the parties about this contract must be in writing and delivered by hand or sent by pre-paid first class post or sent by facsimile or email transmission with proof of delievery or receipt (in case of communications to Finnovation Product Development) to its registered office or such changed address as shall be notified to you by Finnovation Product Development; or (in the case of the communications to you) to the registered office of the addressee (if it is a Finnovation Product Development) or (in any other case) to any address of you set out in any document which forms part of this contract or such other address as shall be notified to Finnovation Product Development by you. Communications shall be deemed to have been received: If sent by pre-paid first class post, 2 days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); If delivered by hand, on the day of delivery; If sent by facsimile transmission on a working day prior to 4:00 p.m., at the time of transmission and otherwise on the next working day.
