Last updated: 2 November 2020
The following are terms and conditions of a legal agreement between you and SideFest Ltd, trading as PolyCraft Printing, its affiliates and partners (collectively, “PolyCraft Printing”, “we”, “us”, or “our”). These terms and conditions govern your use of PolyCraft Printing’s 3D printing or 3D design services (or “Services”) and the use of polycraftprinting.co.uk (the “PolyCraft Printing Website”, “Site”, or “Website”).
By using the PolyCraft Printing Website and/or Services, 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 to these Terms and Conditions, you should not use the PolyCraft Printing Website and/or Services.
PolyCraft Printing reserves the right to make changes to the Website, the Services and these Terms and Conditions at any time. Such amended Terms and Conditions shall be effective upon posting to the Site and will have no effect on sales that were completed before such posting. We will make reasonable efforts to post notices regarding any changes to these Terms and Conditions. Please check the Terms and Conditions published on the Website regularly to ensure that you are aware of all terms governing the Website and the Services.
No failure of either party to enforce at any time or for any period any term or condition of the agreement shall constitute a waiver of such term or of that party’s right later to enforce all terms and conditions of the agreement.
If any provision of the agreement is declared by any judicial or other competent authority to be illegal, void, voidable or otherwise unenforceable, or indication of the same is received by either of the parties from any relevant competent authority, such provision shall be deemed severed from the agreement and the remaining terms of the agreement shall remain in full force and effect.
Neither party shall be liable for any delay in performing or failure to perform its obligations under this agreement to the extent that and for so long as the delay or failure results from any cause or circumstance whatsoever beyond its reasonable control (an “event of force majeure”) provided that the event of force majeure is not due to the fault or negligence of that party. Each party shall use its reasonable endeavours to minimise the effects of any event of force majeure. The client’s obligation to pay all amounts due under this agreement is explicitly excluded from the provisions of this clause.
The agreement is governed by and is to be construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
Please be informed that the language to be used during the whole ordering process is English.
Any continued use of the Site and Services shall be deemed conclusive of your acceptance of these Terms and Conditions and the policies detailed herein.
USING THE SITE AND CONSENT
Use of the Site and Services involves using our web services to provide client data such as name, invoice and delivery addresses and an email address, and for the transmission of user-generated content such as images and 3d models of the parts you intend to have designed and printed. By continuing to use the Site and Services you confirm that all data provided is accurate and that you grant us the right to store and process this information as is necessary to perform our duties in accordance with GDPR.
Since the PolyCraft Printing Services are web-based they might be subject to temporary downtime, whether through outage or maintenance. We will endeavour to ensure that the Site operates reliably and consistently, but we do not warrant that it will operate uninterrupted without any faults. We are not responsible for any losses suffered by you because of any interruption of the Website or suspension of your access to it.
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 generated content) rest with PolyCraft Printing or its licensors unless otherwise stated. All rights in the content not expressly granted herein are reserved. Except as otherwise provided, the content published on this website may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including without limitation distribution, reproduction, modification, display, or transmission without the prior written consent of PolyCraft Printing is strictly prohibited. You also agree that you will not use any robot, spider, other automated devices, or manual process to monitor or copy any content from the service. Our rights include rights to (a) the Service developed and provided by us; and (b) all software associated with the Service. All copyright and other proprietary notices shall be retained on all reproductions.
The term “user-generated content” in these Terms and Conditions shall mean any content uploaded to the website by you, including but not limited to all uploaded 3D designs, pictures of your 3D objects, pictures of any models, comments on the website, specifications provided in your order as well as the printed model we create for you 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 on any intellectual property rights. Intellectual property rights mean copyright, patent, registered design, design right, trademark, trade secret or any other proprietary or industrial right.
PolyCraft Printing has no obligation to review the user-generated content and can in no way be held responsible for its content.
The parties agree to treat as secret and confidential and not at any time for any reason during or after the termination of the agreement to disclose or permit to be disclosed or made use of any confidential information concerning the other’s business which they may acquire in the course of the agreement.
The above restrictions shall not prevent: (a) the disclosure of information if required by law; or (b) the disclosure of information which is already in the public domain otherwise than through unauthorised disclosure by the consultancy.
This Website may provide links to other websites that are not under the control of PolyCraft Printing. We shall not be responsible in any way for the content of such other sites. The inclusion of any link to any such websites does not imply endorsement by PolyCraft Printing of the content of such websites.
At times you may require that a 3D file be created, either from drawings or by reproducing an existing object, and we may offer that as an additional chargeable service. In cases where our design team prepares a file on your behalf, the responsibility for verifying the part is accurate and appropriate for your needs remains with you and feedback should be provided in a timely manner. Once written approval has been given the client will have no further opportunity to make changes to the final product and we shall not be responsible for any error subsequently discovered in the final product. Nor will we be liable for any client dissatisfaction with the product where the final product is produced in accordance with the signed-off specification. Any changes we do subsequently agree to make will be at our sole discretion and we reserve the right to charge for them. Any claims for damage or short supplied goods must be made in writing within 30 days of the goods being received.
The client will provide or assist us in obtaining whatever materials, text or information are required for the provision of the 3D design and 3D printing Services. We reserve the right to charge for time spent acquiring or amending such materials, text, or information where those supplied by the client are inadequate, or where the client’s instructions are inaccurate or incomplete.
Information sent from the client about specification, modification or general product information must be sent via email and not in handwritten or verbal form. Errors occurring from information in non-email form will not be covered for refundable or free of charge amendments to both digital or physical works.
It is at the discretion of PolyCraft Printing to repair small fixes to the 3D file for free, and we reserve the right to charge for this Service. Where models require significant modification, this can be dealt with by our designers as a standard design service and charged accordingly. In these cases, we will provide you with an estimate for the design services before commencement. By purchasing expert services you will reduce, but not completely remove, the risks related to the potential non / limited manufacturability of your model and the limits of the 3D printing technology, which might lead to unsatisfactory results of the 3D printing process.
By using our design service, you are under no obligation to have the part printed with us, and the files and right to ownership will be released to you upon full payment of all outstanding payments to date. We make no assurances that any part designed by our team is functional and appropriate for your intended use and accept no liability for the non / limited manufacturability of the part where guidance from our expert design team is ignored. Once the design work has been signed off by the client, the client can choose to have the part manufactured by PolyCraft Printing, in which case both the cost of the design work and manufacture of the part will be invoiced together and must be paid prior to us starting the print.
If you want to have your 3D file 3D printed then you can place an order with us to have it manufactured. We manufacture all parts to the specifications we are provided from one of the materials listed on the Website which you must verify as suitable for the part and its intended use.
Models that cannot be interpreted by the 3D printing software need to be inspected by a 3D designer, who might – but not necessarily will – be able to turn your model into one that can be manufactured.
A model that successfully passes our 3D printing software’s check for manufacturability might still be non-manufacturable. We run routine checks on all models and will advise you, but we shall not be held responsible for any loss, damage or costs incurred from an unsatisfactory result of the 3D printing process.
Wall thickness of walls should not be less than 1mm to improve manufacturability. We may print parts thinner than 1mm, but it is at your own risk. If these break in our hands, your hands, during delivery, or are lost, they will not be covered or reprinted for free. PolyCraft Printing will not be held responsible if the 3D files of less than 1mm (in part or whole) are missed and printed in a way that results in a failed or broken part.
PolyCraft Printing does not guarantee any part to any degree of accuracy; this is because some parts can suffer from uncontrollable shrinkage due to their geometry which we cannot always consult on before the printing starts. However, most parts are within +/- 0.3mm of the original dimensions, or 0.3% of the dimension, whichever is greater. No reprints will be offered if a part falls to within these tolerances. If a part does fall outside of these tolerances, it is up to the discretion of PolyCraft Printing if the part is to be reprinted.
INTELLECTUAL PROPERTY + OWNERSHIP
The client represents and warrants to PolyCraft Printing that any elements of text, graphics, images, designs, trademarks or other material supplied or disclosed to us are the property of the client or that the client has permission from the rightful owner to use each of those elements, and that PolyCraft Printing’s use of such material shall not infringe the intellectual property rights of any third party including where it falls under a creative commons licence.
PolyCraft Printing will inform the relevant governing bodies if it finds itself in possession of an illegal image. Any item produced by PolyCraft Printing for the client using or containing anything supplied or disclosed by the client which infringes the intellectual property rights of any third party will remain the liability of the client and the client will indemnify and keep indemnified PolyCraft Printing against any loss, damage claim or expense arising out of such infringement.
All goods or services sold or supplied by PolyCraft Printing remain our property until payment is made in full. Where all sums owed to us under this agreement have been received, PolyCraft Printing will assign to the client all intellectual property rights (including copyright) in the final product as are owned by us and capable of assignment. We will retain these files on our system for 30 days following delivery of the parts in case of any issues with the order.
All images, text, layouts, website scripts and source code appearing on or associated with our websites are copyright of PolyCraft Printing. All media published on our websites remain the intellectual property of PolyCraft Printing other than where expressly indicated.
We retain the right to review and refuse any order when it, in our own discretion, appears to infringe third party intellectual property rights.
We are happy to sign non-disclosure/confidentiality agreements where necessary.
ORDERING, CANCELLATION + RETURNS
Unless otherwise stated during the checkout process, all costs will be billed and collected by PolyCraft Printing.
After sending us your file, we will send you an order confirmation to the email address used to contact us originally. You should check the details of the confirmation email. If there are errors, you should contact us as soon as possible by sending us an email or calling us.
If we cannot accept your order, we will contact you by email.
Your order will be delivered to your shipping address. We are not liable for incorrect shipping addresses and no refunds are given if incorrect shipping addresses are given. All packages are sent out in a protected box and by recorded delivery. In case of doubt, check the delivery address on the invoice or order confirmation email. We are not liable for any damage or cost caused by delay in shipping or delivery.
If your model is not manufacturable or has features that may lead to unsatisfactory results of the manufacturing process, we will contact you and whenever possible will advise the changes that need to be made. If changes are not possible, a refund can be given providing that manufacturing has not started. It is your responsibility to ensure that the file is suitable for 3D printing and for the purpose for which you are having it manufactured, and we accept no liability if we have to cancel the order at any stage of the process due to the unfeasibility of the 3D file for 3D printing.
Due to the nature of our Services, you cannot cancel your order after it goes into production. Orders that contain non-refundable items are still cancellable; however, note that refund or cancellation will not apply to items in the order that are non-refundable.
Any functioning weapon or parts from weapons will not be printed. Any parts for weapons concealed or disguised as other parts in an attempt to bypass this rule will remain the responsibility of the person(s) who upload the files and they will be held liable for any legal actions as a result of the printing. Any parts deemed to be of an extreme offensive nature will not be printed.
In some very rare circumstances, there may be a delay to your order, reasons for which include but are not limited to: failure of quality control due to discolouration or damage, machine failure, power cuts, and Acts of God. If one or more of these issues do arise, we will reprint the affected files, but this may cause a delay to the order. As these problems are always unforeseen, PolyCraft Printing accepts no responsibility for missed deadlines and is under no obligation to offer a refund or any form of compensation.
In the rare cases that orders must be reprinted, or orders are to be refunded due to issues with the printed parts, all received items must be shipped back to PolyCraft Printing. Costs incurred are the responsibility of the client returning the package. PolyCraft Printing will not begin the reprinting or refund the order until the package has been received and assessed for damage or other anomalies. For this reason, we recommend that orders are returned only via a tracked and recorded delivery service so that both parties have a record of the order being returned.
If PolyCraft Printing believes that the parts originally supplied conform to our Terms and Conditions and were agreed upon in the Order Disclaimer, PolyCraft Printing will declare the order fit for purpose and will provide an explanation as to why. No refund or reprint will be organised in this instance. Redelivery of the order is the responsibility of the client.
Any issues that arise from any order that is placed with PolyCraft Printing must be made within 30 days of the order being received as per the tracking number provided at the time of dispatch. Failing to do so will waive all rights to any reprints or refunds. We advise that you check all parts of your order when they arrive for any faults or issues. Any refunds or reprints that are agreed upon will commence within 10 working days of confirmation of the issue by us unless otherwise stated.
PAYMENT + ACCOUNTS
You must provide current and accurate identification, contact, and other information that may be required for us to provide our Services. We reserve the right to refuse service to or terminate service to anyone at any time without notice for any reason.
The price provided during the quoting process is inclusive of manufacturing services, labour, and shipping where applicable. Quotes are valid for 30 days from date of issue.
Payment must be made in full and received by PolyCraft Printing prior to printing. Lead times for the printing process start on completion of payment. The lead-time for orders paid after 3pm will start the next working day.
You will be sent an invoice by email which should be paid by BACS ahead of the part being manufactured.
On approved trade accounts, payment of invoices must be made in full without any deduction within 30 days of the date on the invoice. Any extension of credit allowed to the customer may be changed or withdrawn at any time. Should there be any default with a due payment, the entire balance of the credit amount shall be payable forthwith. In addition, the company may terminate the contract due to late payment, and that of any related credit account. We may at any time set off any amount owing to us by the customer against any amount payable by us to the customer.
WARRANTY, LIABILITY + INDEMNIFICATION
All parts that PolyCraft Printing prints are manufactured to a suitable standard. However, PolyCraft Printing stresses that any part manufactured for any purpose other than that of prototyping should be submitted for testing by the relevant regulation bodies and certified fit for use. We accept no responsibility for parts used for any other purpose than prototyping.
As PolyCraft Printing is independent from the design of the 3D file, we offer no warranty on any parts and do not insure against design in any way.
Though 3D printing is an excellent and cost-effective way to manufacture low volume and one-off items, the quality and price are unlikely to match those of mass-produced items. Misunderstanding of strength, surface finish and cost are no grounds for a refund in any case.
These Terms and Conditions set out the full extent of our obligations and liabilities in respect of PolyCraft Printing. PolyCraft Printing warrants that to the best of its knowledge and belief the final product shall not infringe any third-party rights or be in any way contrary to UK law. All other warranties or representations whether express, implied or statutory, with respect to our service, including without limitation, any implied warranties of merchantability, accuracy, fitness for any particular purpose or non-infringement are hereby excluded to the maximum extent permitted by law. No oral or written information or advice given by us shall create a warranty.
PolyCraft Printing will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect, incidental, exemplary, special, punitive, or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract, warranty or otherwise.
Our maximum aggregate liability under these Terms and Conditions whether in tort (including negligence) or otherwise shall in no circumstances exceed the fee received from you by PolyCraft Printing for the relevant order.
The client shall indemnify and keep indemnifying PolyCraft Printing from and against any and all damage, loss, costs, expenses (including legal costs and expenses) and liability whether civil or criminal which we may incur or suffer resulting from any act, neglect or default of the client or its agents, employees or licensees, or the infringement of the intellectual property rights of any third party.
Our liability is limited to the maximum extent permitted by English law.
You agree to indemnify and hold PolyCraft Printing, its partners, affiliates, distributors, dealers, agents and its and their employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorney’s fees) arising from or relating to any claims that result from your breach of these Terms and Conditions.