Allgemeine Geschäftsbedingungen

i.materialise, available through the website i.materialise.com (hereafter “the Site”) is a service provided by Materialise NV. Materialise NV is a company, established and registered in Belgium, with registered office at 3001 Heverlee, Technologielaan 15, with registration number 441.131.254; VAT BE 0441.131.254.

• You can contact us:
• By giving us a call: +32-16 39 66 11
• By sending us an email: contact (@) i.materialise.com
• By sending us a fax: +32-16 39 66 00

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.

i.materialise 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 i.materialise/Materialise or any of its subsidiaries or affiliated companies (hereafter ‘Materialise’) unless made in writing by an authorised representative of Materialise.

The Site is available in English and German. An order can be placed in English, German or French.

i.materialise 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 i.materialise in case of unauthorized use of your account. i.materialise 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.

The ordering process happens as follows : you upload or select the model you would like to be reproduced by i.materialise; you choose the material, color, surface and size of the model (pay attention, the thickness must be sufficient; you will find instructions on this respect during the ordering process); 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 i.materialise 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 “grouped models” (for further explanation, please click on the word “grouped 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.

i.materialise 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, i.materialise will reimburse you all monies paid.

i.materialise acts according to its mission, which is to make the world a better and healthier place to live. Therefore, i.materialise 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 i.materialise has ethical concerns in general, are rejected to be quoted or produced. i.materialise reserves the right to discontinue the execution process of those orders.

You expressly acknowledge that i.materialise is not in the position to act as an 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-color-quantity combination. In such cases, i.materialise undertakes best effort to contact you. In any case, i.materialise 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 delivery, …) resulting from such decision.
 
i.materialise shall not share your uploaded design file with a third party, unless it is required for production reasons. This third party will be bound to a similar level of confidentiality as i.materialise is towards you.

i.materialise maintains records of orders and allow you to have access to it for an indefinite period. i.materialise recommends that you keep a printed copy of these terms and conditions as well as a copy of the order confirmation and invoice.

The price calculated by i.materialise contains the cost for the services rendered by i.materialise, 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 Materialise, will be paid by you.

The price is calculated in EURO, GBP, DOLLAR or YEN. 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 Materialise. Materialise remains the sole owner of the products until their entire payment, transport and taxes included.

Separate parts of a quote can be invoiced separately. Materialise N.V. 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. i.materialise 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. Materialise N.V., at its own absolute discretion and under exceptional circumstances, may allow payment of orders after checkout. In such exceptional circumstances, payment terms will be 30 days after the end of the month in which the invoice is issued.

The average time required to produce the model is about 10 working days. This is a preliminary indication, but does not bind i.materialise in any way. The actual delivery time is determined by a number of circumstances, for example (but not included to) working conditions applicable at the time the agreement is concluded, on the punctual delivery of the materials ordered by i.materialise 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.

i.materialise uses its discretion in selecting a reputable carrier and appropriate means of delivery. All risks during transport are borne by you.

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, i.materialise 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 14 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 Materialise 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 i.materialise to do so.

i.materialise reserves the right to revoke and/or modify (part of) a quotation and/or order confirmation for technical reasons. The liability of i.materialise 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 i.materialise, 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 i.materialise 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. i.materialise 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 notify i.materialise in writing that e-mail is not an acceptable means of communication.

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

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

i.materialise.com provides an automated internet-based service to users, which they use to design and sell products. i.materialise 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 i.materialise, you confirm that you are the owner and/or you have obtained from a third party the rights necessary for submitting this order to i.materialise for production and commercial use (see the article re. the challenges) without any violation of any intellectual property rights. Materialise will not claim any rights on your design. If the design you submit to Materialise risks infringing the intellectual property rights of third parties, Materialise 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 i.materialise against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by i.materialise 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 i.materialise will implement reasonable precautions to attempt to prevent such occurrences, you further acknowledge that i.materialise does not guarantee such events will not take place and that i.materialise 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 i.materialise 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.

i.materialise agrees to treat your 3D file 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 production reasons. This third party will apply the same level of confidentiality as i.materialise guarantees towards you.

By submitting an entry (including a 3D file, pictures and text description) to i.materialise as part of a contest/challenge, you grant a non-exclusive, royalty free, unlimited in the time, worldwide license to i.materialise to display the design you submitted and/or a reproduction of this design for marketing purposes. i.materialise 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. Materialise 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 i.materialise.

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

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. i.MATERIALISE 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.

i.MATERIALISE 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 MATERIALISE BE HELD LIABLE FOR ANY PRODUCT DEFECTS OR SPECIFICATIONS WHICH HAVE BEEN REQUESTED/ANALYSED IN THE QUOTATION PHASE. THE LIABILITY OF MATERIALISE 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.

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 Materialise; subject to the situation that these Personal Data are required to process your order and to fulfill 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 i.materialise 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 Materialise it shall also be regarded as “Personal Data”.

The Personal data are collected by i.materialise in order to :

• fulfill 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

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

i.materialise will not disclose Personal Data to entities and persons, other than Materialise, (“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 Materialise 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, Materialise or other Materialise Companies. In such cases, i.materialise takes measures to ensure that the third parties comply with Materialise’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.

For further information, please consult the Privacy policy.

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

Materialise warrants that the printed model shall substantially meet the features of the ordered model within the limitations of the current 3D printing technology. Materialise 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, Materialise warrants that the model will be in accordance with  the Belgian Precious Metals Marking Laws and Regulations.

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

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

i.materialise will make every effort to perform its obligations under these terms. However, i.materialise is not liable in case of force majeure. Force majeure implies any circumstance beyond the control of Materialise – 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, i.materialise 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 contact (@) i.materialise.com.

This website is the property of Materialise NV.

Contact details :
Materialise NV
Technologielaan 15
3001 Leuven
Belgium
Phone: +32-16 39 66 11
Fax: +32-16 39 66 00

By accessing and using the website you express your explicit agreement with the following general terms and conditions. Materialise NV reserves the right to alter or delete material from the website at any time, and Materialise NV may, at any time, revise the terms and conditions, the legal disclaimer or other policies set forth in this website by updating it. Such modifications shall be deemed effective immediately upon posting on Materialise NV’s website. Any continued use of the website shall be deemed conclusive of your acceptance of the modified terms and conditions, the legal disclaimer of Materialise NV and other policies.

Use of "cookies"

When you visit the site 'cookies' may be installed on the hard disk of your computer with the sole purpose of streamlining the site more to the needs of recurrent visitors. These mini files or cookies are not used to check the surf behaviour of the visitor on other websites. Internet browsers allow you to block the use of cookies. You receive a warning when a cookie is installed or that cookies can be removed from your hard disk afterwards. Please consult the help function of your Internet browser for this.

You can opt-out of each cookie category (except strictly necessary cookies) by clicking on the “cookie settings” button below:

Intellectual property rights

These websites www.materialise.com, i.materialise.com and their contents are protected by copyright and other intellectual property rights. You may print the texts for private use; they may only be distributed with Materialise NV's consent. You may quote them (without any modification) provided that you always refer to the authentic source. You may reproduce a part of them provided that you always refer to the authentic source, except for commercial purposes, in which case reproduction, even with specification of the source, is not allowed without Materialise NV’s express consent.

All the trademarks used on the website are the property of their respective holders.

You are prohibited from altering, damaging or defacing the website or adding any unauthorized material or to attempt to alter, damage or deface the website or add any unauthorized material.

Intellectual property policy

i.materialise encourages intellectual property rights owners to contact i.materialise if they believe that a user of the i.materialise service has infringed their rights. For this reason, if you let us know that your rights are being infringed by one of the i.materialise users, i.materialise will verify your claim and will (in its discretion) require that the user's content is removed from products and, if the user continues to infringe your rights (or infringes the rights of others) terminate the user's access to our services.

If you believe that your intellectual property rights have been infringed by a user of the i.materialise service, please provide our Intellectual Property Rights Agent with a notification that contains the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other rights that have been allegedly infringed.
2. Identification of the copyright, trademark or other rights that have been allegedly infringed.
3. The URL or product number(s) used in connection with the sale of the allegedly infringing merchandise.
4. Your name, address, telephone number and email address.
5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law.
6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.

In case of questions about intellectual property rights or other legal matters, please contact legal@materialise.be.

User Contributed Content/Comments

You are solely responsible for the content that you upload, publish or display (hereinafter, "post") on or through the Site, or transmit to or share with or allow to be shared with other users (collectively the "User Content"). You may not post, transmit, share or allow to be shared User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that i.materialise may, but is not obligated to, review the Site and that i.materialise may delete or remove (without notice) any Site content or User Content.

i.materialise will remove any posts which are offensive, which contain unlawful or impermissible content or which promotes an illegal copy of another person’s copyrighted work.

You acknowledge that by sending to the Site and i.materialise any information or material, in whatever form, you grant to i.materialise and to any visitor of the Site a nonexclusive, worldwide and royalty-free license to use, execute, reproduce, display, perform, modify, create or have created derivative works of, transmit and distribute, internally and/or externally, and sublicense, in any medium or distribution technology, without accounting to you, including the right to grant any or all of the foregoing rights and licenses to others.

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 i.materialise will implement reasonable precautions to attempt to prevent such occurrences, you further acknowledge that i.materialise does not guarantee such events will not take place and that i.materialise 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 i.materialise 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.

LEGAL DISCLAIMER

i.materialise provides users with a set of complete e-commerce tools needed to create, order and/or sell a wide variety of products featuring their ideas and designs, and ability to formulate comments on the i.materialise blogs.

Therefore, the content of i.materialise is partly created by users of service, offered by i.materialise, and the hosting of the content by i.materialise does not in any way reflect the opinions and views of i.materialise.

The information specified on this website is only intended for general information purposes.

Due to the changing nature of laws and regulations and the intrinsic risks of electronic communication, there may be delays, defects or other inconsistencies in the information provided on this website.

The information provided on this website may not be considered as legal or other professional advice. Accordingly no actions should be taken based on this information without prior expert advice.

Although Materialise NV aspires to the greatest precision possible in the compilation and maintenance of the information provided on this website, Materialise NV cannot guarantee that this information is exact, complete and correct. Materialise NV further assumes no liability or responsibility for any errors or omissions in the content of the website.

The use of the website is at your own risk. Neither Materialise NV nor any other party involved in creating, producing or delivering the website is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing in the website. This includes damages to, or arising out of viruses that may infect, your computer equipment or other property. Materialise NV makes no representations or warranties regarding the condition or functionality of this website, its suitability for use, or that this web service will be uninterrupted or error-free.

Without limiting the foregoing, everything on the website is provided to you "AS IS" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.

Hyperlinks

From our website, you can visit other websites by following hyperlinks to these sites. While Materialise NV strives to provide only links to useful and ethical websites, it has no control over the content and nature of these sites and the links to other websites does not imply a recommendation for all the content found on these websites. Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Materialise NV therefore advises users to check these themselves and consult the privacy clause that is compulsory on every website.

Materialise NV reserves the right to alter or delete material from the website at any time, and Materialise NV may, at any time, revise the terms and conditions, the legal disclaimer or other policies set forth in this website by updating it. Such modifications shall be deemed effective immediately upon posting on Materialise NV’s website. Any continued use of the website shall be deemed conclusive of your acceptance of the modified terms and conditions, the legal disclaimer of Materialise NV and other policies.