Terms and conditions

These general terms and conditions (“T&Cs“) apply to any and all communication with you, any offers issued by Marketiger B.V., BIC 1, 5657 BX, Eindhoven, The Netherlands. Chamber of Commerce registration number 73730262, info@marketiger3d.com (“Marketiger“) and any and all contracts and Agreements concluded and to be concluded by Marketiger with you. Any deviation from these T&Cs will only be valid if and to the extent that it has been expressly confirmed by Marketiger in writing.

Agreement

Only a valid and legally binding contract to render Services will come into existence between you and Marketiger in case Marketiger has confirmed, upon issuing an offer, in writing all conditions and details, including the scope and price, with respect to the Services (“Agreement“). In writing also includes e-mail.

Services

Marketiger renders 3D (custom) printing (related) services, whereby our services are divided in six categories:

– Designing

– Scanning

– Pre-processing

– 3D printing of (a) product(s) on basis of a 3D file

– Post-processing

– Packaging

– Shipping (each individual service a “Service” and collectively; “Services”).

If Marketiger makes you an offer, the applicable Services will be specified. Services of Marketiger are available through personal contact via e-mail or phone & our website marketiger3d.com (“Website“).

Ordering at Marketiger

In order to obtain an offer for rendering the Services from Marketiger, you will be required to provide us with your 3D file(s) through our Website or info@marketiger3d. or Marketiger affiliated companies. An offer issued by Marketiger contains the following information: type of Services, price, and any specific details with respect to the Services requested. Marketiger may revoke an offer at any time and/or make changes to such offer. Given the nature of the Products, prices mentioned in offers and/or Agreement are estimates and/or quotes. The definite price of the Services will be communicated to you prior to the final production process starts and the final object files have been obtained from customer or shared for approval. Marketiger will provide you with a price based on your request. Prices are based on current costs and therefore subject to change without notice to account for changes in the cost of raw materials and other costs beyond Marketiger’s . Furthermore, you acknowledge that any change in the design causes the price to be amended. Our order processes may differ from one another as this depends on the number of categories of Services.

In order for Marketiger to be able to (properly) render the Services, you shall at any time and at first request of Marketiger cooperate and provide any and all information, files and documents necessary to  Marketiger. In case you do not cooperate and/or provide any such information, files and documents, Marketiger may not be able to (properly and/or timely) render the Services. In this respect, your uploaded (3D) files should always contain the project number in order to prevent any mistakes. You are obliged to follow any and all additional instructions from Marketiger regarding ordering/transferring that have been stated in the offer. You are always responsible for providing and/or uploading correct (3D) file formats that are stated in our offer.  

Term of Delivery

On average our production timeframe is 10 working days. This time indication is preliminary and does not legally bind Marketiger in any way, unless other Marketiger and you have explicitly agreed so in writing. Prices in any document of Marketiger are in EUR, excl. VAT and shipping costs. Prices of shipments depend on the weight of the package. We use services of DHL for The Netherlands and Deutsche Post/DHL for international shipments. All shipments are provided with a track & trace number. Marktiger will always communicate this unique number to you and Marketiger can use this as

proof of shipping a product. Orders that contain parts that have a high risk of breaking, or that need special shipping requirements will be transported to you by Marketiger. For these personal drop-offs; Marketiger charges €50,- excl. taxes.

Returns or Cancellations

Due to the nature and art of a 3D printed product, you do not have the right to cancel your Agreement with Marketiger. Marketiger expects a client to do a throughout inspection of the order once received by you. If you believe that an order is not manufactured conform the details as agreed between you and Marketiger, you are obligated to inform Marketiger within 7 days after receiving the order by giving full details of the non-conformity claim and pictures of the order. If you fail to file any claim within 7 days of receipt of the order, you forfeit any and all of your rights and remedies you may have.

Marketiger will assess the claim and will either (i) dismiss the claim; (ii) in case Marketiger acknowledge the claim at its sole discretion decide to (a) pay back to you the amount equal to the price of the order (or part of the order to the extent applicable); or (b) reprint your order (or partially reprint your order to the extent applicable). You acknowledge and agree that the are-aforementioned remedies are the only remedies you will have.

Warranties

Marketiger strives to supply the best quality of full-color 3D prints in the market. However, due to its nature, the full-color 3D prints are produced explicitly within the limitations of 3D printing technology. This means that there may by small visual differences between models/products due to productions reasons including but not limited to orientation, raw materials and temperature. You acknowledge and agree that models/products can decolour overtime.

You further acknowledge and agree that 3D printed products are delicate products, which, if not treated carefully, may be subject to breaking, melting or cracking. Marketiger shall not have any liability in this respect. Importantly, 3D printed products are “display” items only and do not qualify as toys or are fit to be used as toys. The 3D printed products may therefore not be used by minors (including children) in your jurisdiction and you shall not give the 3D printed products to any minors (including ).

Liability

To the extent permitted by the applicable law or as explicitly stated in these T&Cs, Marketiger shall not be liable vis-à-vis for any damages you may incur ensuing and/or in relation to the Services, including with respect to the 3D printed products. In any event and to the extent permitted by the applicable law, Marketiger’s maximum liability will be capped to the amount paid for the Services.

Consumer

If you are a consumer, you will, next to the rights and obligations you have under these T&Cs, also be entitled to your statutory rights under the applicable law. Consumer will mean (i) a natural person not being a legal entity or (ii) a natural person not acting in a professional capacity.

Models & Intellectual Property

Marketiger takes all required actions to make sure all supplied models are stored in the most secure way as possible. By submitting model/design files to Marketiger you confirm that you are

the owner and/or you have obtained third party rights/licenses to use this model for applications intended.

Marketiger is not liable for any violations in intellectual property rights for 3D models

submitted by you and you hereby indemnify, defence and hold harmless Marketiger and its affiliates and affiliated parties for any (financial) claims, damages, fines and/or costs ensuing from any and all third party (intellectual property infringement) claims. Marketiger will not in any case claim any rights on 3D model data, unless agreed specifically in an .

Confidentiality

Marketiger will treat all your 3D model data confidentially. The 3D file will only be used for purposes that are necessary to render the Services as specified in the agreement. In case Marketiger B.V. works on a project with third party suppliers of services; these third party’s will be bound the same level of confidentiality as Marketiger has to you.

Marketiger ensures complete security and confidentiality of your 3D files if uploaded on our Website.

Marketiger shall in no case share your designs and/or 3D files with any third party, unless this is required to fulfil your order. If it is necessary to use a third party, Marketiger will ensure that such third party will be bound to a similar level of confidentiality as Marketiger has ensured towards you.

Privacy

By submitting orders Marketiger B.V. collects personal data that is necessary to fulfil the agreement with a client. 3D model data is saved for as long this is necessary to manufacture the desired parts. All files will be deleted within 30 days after your order has been delivered. Marketiger will not in any case share any personal information with third party company’s unless this is necessary to fulfil a client’s order. Marketiger further refers to its privacy policy, which can be found at: https://marketiger3d.com/privacy-policy/

Risk and Title

The 3D printed products are delivered to you ex Works Incoterms 2020. The risk of loss or damage to the 3D printed products shall be transferred to the BUYER in accordance with the delivery terms ex works (INCOTERMS 2020) Title to the 3D printed products passes on to you, once you have fully paid any and all amounts related to the 3D printed products.

Force Majeure

In the event of a Force Majeure, the party relying on the Force Majeure shall be allowed to suspend its obligation to perform and not be liable for such non-performance. Such party shall inform the other party as soon as possible in writing of the nature and cause of the Force Majeure, including the expected term of the Force Majeure.

Force Majeure means: a party not being able to perform one or more of its obligations due to a fire, explosion, embargo, trade sanctions, riot, insurrection, civil commotion, war (whether war of aggression or not), natural disasters (including storm (flood). Not being able to pay for the Services does not qualify as a Force Majeure. Marketiger may also rely on this Force Majeure in case one of its suppliers relies on Force Majeure.

If the Force Majeure has lasted or can reasonably be expected to last more than sixty (60) days, either Party shall be entitled to terminate the Agreement by written notice with immediate effect and without judicial intervention.