TERMS & CONDITIONS
1) SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS
The material on this site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by Zeal 3d Printing and it’s related companies, affiliates, licensors, and licensees. We may use graphical images of your final products created using different production technologies to showcase our capabilities.
We may use the images which belong to the third parties, Zeal does not own the right for those products or the images, these images are only to represent the capabilities of our services.
2) PROHIBITED CONDUCT
You are not authorized, without the prior written permission of Zeal 3d Printing and any other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content.
No trademark (whether registered or otherwise) that is contained on this site or otherwise used by Zeal 3d Printing may be used without our prior, specific, written permission or that of the trademark owner.
3) ACCURACY, COMPLETENESS, RELIABILITY AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. We do not warrant that the quality of any products, services, information or other material purchased or outlined by you will meet your expectations, or that any errors in the service will be corrected. Manufacturing or Engineering tolerance is the permissible limit or limits of variation in a physical dimension, a measured value or physical property of a material based on specific manufacturing process, rejection based on tolerances, accuracy and physical properties are not acceptable if the final products are within the tolerances of specific material or manufacturing process like 3D printing, CNC machining, Vacuum casting, Injection moulding etc.
The entire quality of the finished product does not solely depend on the materials, the quality and finish of the product may vary according to design standards and complexity of the design there will be no refund if you are not satisfied with the quality.
Although every effort has been made to verify the accuracy of the information contained in this web site, Zeal 3D its officers, employees and agents disclaim all liability (except for any liability which by law cannot be excluded), for any error, inaccuracy in, or omission from the information contained on this website or via emails or any loss or damage suffered by any person or business directly or indirectly through relying on this information.
Any advice or suggestions offered are considering general usage and application if unsure please take professional advice before making your decision.
You must acknowledge limitations of 3D printing technology before making final decision on any product or services agreement.
Zeal 3d Printing will see to it that reasonable means will be exhausted to meet the shipment dates quoted, although we will not be liable for any special, incidental, or consequential damages resulting from delivery delays or inability to deliver. Prices quoted do not include customs duties, GST, freight or insurance. If the buyer chooses to contract their own freight carrier, title and risk of loss shall pass to the buyer upon pick-up of the freight carrier. In the absence of specific written instruction from the buyer, Zeal 3d Printing will select the common carrier. Buyer shall be responsible for any freight charge and any insurance charge. Buyer is responsible for lowering machine off the truck or indicating proper delivery instructions with Zeal 3d Printing. Misinformation was given to Zeal 3d Printing regarding proper delivery instructions, and as a result, extra shipping fees are incurred, these fees will pass on to the Buyer. If the products are shipped freight prepaid, the buyer shall pay Zeal 3d Printing the appropriate freight and insurance charges, which will be shown as separate items on the invoice. Allow 2-3 weeks from purchase date and/or check clearance to ship out the product.
Because 3d printing is new and additive technology 3d printing of the models may get delay due to some uncontrollable factors and nature of 3d printing which we don’t have control over. Also for the other production processes like CNC machining, Injection molding or Vacuum casting due to technical issues at the actual production, the delivery may delay than the expected turn around time and there will be no refund in such scenarios.
5) DAMAGE AND SHORT SHIPMENT
In the event products are received damaged, keep all packaging material and contact both the carrier and Zeal 3d Printing in writing within THREE working days of receipt of the product. In the event Zeal 3d Printing, 3d printers and other machinery or accessories is noticeably damaged, this may include broken crating or torn wrap, the buyer MUST indicate in writing on the driver’s release records: “SHIPMENT PACKAGING IS DAMAGED, AND TIME FOR FURTHER INSPECTION OF PRODUCT WILL BE NEEDED TO FILE A CLAIM IN THE EVENT THE PRODUCT IS ALSO DAMAGED.” This will give the buyer time to unwrap or unbox the machine for inspection. The buyer should also take additional precautions by taking pictures of the noticeable damage prior to examining the machine. Signing the driver’s form without adding this statement will release the driver or the shipping company from taking responsibility for any damage caused to the machine.
6) PRICES, TAXES, AND PAYMENT
All prices are per unit (except where indicated) are in Australian Dollars (AUD). All prices are subject to change without notice. Taxes, such as import taxes, which is the obligation of Zeal 3d Printing to collect in connection with the sale or delivery of products described on any attachment shall be paid by the buyer and will appear as separate items on the invoice unless your tax exemption certificate is on file with Zeal 3d Printing.
7) REFUND AND RETURN POLICY
This Refund and Return Policy (“Policy”) applies to the following purchases: 3d printed and/or manufactured goods by Zeal 3D Printing Services Pty Ltd
- We offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the terms set out in this Refund Policy (“Policy”).
- Any benefits set out in this Policy may apply in addition to consumer’s rights under the Australian Consumer Law.
- Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.
2. Definition of a Consumer
A person – or in some cases a self-employed individual or a business – will be considered a consumer if they purchase:
- Goods or services that cost less than $40,000 or
- Goods or services that cost more than $40,000 but are of a kind ordinarily acquired for domestic, household, or personal use or consumption or
- A vehicle or trailer primarily used to transport goods on public roads.
- A purchaser will not be considered a consumer if goods are purchased to be resold or to be transformed into a product that is sold.
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3. Australian Consumer Law
- Under the Australian Consumer Law:
- Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
- You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
- Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled
- We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law if reported within 14 days after receiving your product
- The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.
- If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.
- Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.
- If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure.
- If a product or service which you purchased from us has a failure that does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired or replaced.
4. What is not covered?
Businesses do not have to pay for damages or losses that:
- Relate to something independent of their business, after the goods left their control.
5. Warranties against defects (Limited Liability)
Zeal 3D 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. If you upload/send your own 3D Model to the Website or email, you maintain sole legal responsibility for the design specifications and performance of the 3D Model. Zeal 3D does not give any warranty about the 3D Models themselves and does not guarantee that the 3D Model will be fit for any particular purposes. Please inspect the 3D Model upon receipt immediately. If the 3D Model is faulty when you received it and you believe you are entitled to a replacement in accordance with the warranty above, please contact us within 14 days after receipt of the 3D Model. Such warranty claims can be made only within 14 days after receipt of the model by you. Do not return the 3D Model unless we require you to do so. We reserve the right to condition any replacement or refund on the return of the 3D Model.
We will confirm whether you are entitled to a replacement or refund. We reserve the right to condition your receipt of a replacement or refund on you providing us with photographs that we deem necessary to evaluate your claim. A model will be ineligible for replacement or refund if the model has been altered or post-processed in any way by you.
CUSTOMERS recognize and accept that, within the full scope of the applicable regulations, Zeal 3D cannot be held responsible for direct, indirect, fortuitous damage, or compensation for moral harm, costs, losses, decrease in turnover or profits, or liabilities of any nature which may arise from the use or, on the contrary, impossibility of using, the website or its contents (even if the occurrence of harm in question was known to, or could have been foreseen by Zeal 3D). In any event, Zeal 3D’s liability shall be limited to the total amount paid by the CUSTOMER for their current order.
6. Limitation of Liability
In no event shall we, nor our directors, employees, agents, partners, or suppliers, be liable under any contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services
- for any loss of income, loss of profits, loss of contracts, loss of data, cost of procurement of substitute goods or services, or for any indirect, incidental, exemplary, special, punitive, compensatory or consequential loss or damage of any kind (howsoever arising),
- for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or
- for any direct damages in excess of (in the aggregate) the greater of
- he fee received from you by shapeways for the use of the services during the immediately preceding three (3) months period or
- a$250.00 (two hundred and fifty Australian dollars)
7. A warranty against defects is a representation communicated to a consumer that if the goods or services (or part of them) are defective, the business will:
- Repair or replace goods (or part of them)
- Resupply or fix a problem with services (or part of them)
- Provide compensation to the consumer.
Zeal 3D will repair or replace faulty goods and is not responsible for any consequential loss incurred due to faulty goods. This Warranty shall not apply to any of such products which has been repaired or altered.
A consumer must take the necessary steps within 14 days to report these issues so that the Vendor will have enough and equal opportunity to inspect parts on return.
8. Cancellation and Change of Mind
- We do not offer any refund if you change your mind, or find the same product or service cheaper elsewhere.
9. Products Damaged During Delivery
- In the event that the product you ordered has been damaged during delivery:
- Please contact us as soon as possible.
- Any damaged product must be returned in the condition in which it was received, together with any packaging and other items which you received with the damaged product.
- We will arrange to repair or collect the damaged product and replace it with an equivalent product, or to refund it, provided that you have contacted us within 14 days from the date of receiving the product.
- Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product or service purchased by you if:
- You misused the said product in a way which caused the problem.
- You knew or were made aware of the problem(s) with the product or service before you purchased it.
- You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.
- Any other exceptions that apply under the Australian Consumer Law.
11. Shipping Costs for Returns
- In the event that a product you have purchased fails to meet one or more Consumer Guarantees under the Australian Consumer Law, we shall bear any cost of shipping the said product (the “Returned Product”) back to us, as well as any cost of shipping any replacement product to you.
- If the Returned Product can easily be shipped or returned, then you are responsible for organizing for the Returned Product to be returned to us. If the Returned Product is eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product.
- If the Returned Product is too large, too heavy, or otherwise too difficult to be removed and returned by you, and is believed to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then we will organize for the postage, shipping, transportation or collection of the Returned Product, at our cost.
- In the event that we organize and pay for the inspection, postage, shipping, transportation or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then you will be required to pay the costs of any inspection, postage, shipping, transportation or collection of the Returned Product.
12. Response Time
- We aim to process any requests for repairs, replacements or refunds within 14 days of receipt.
13. How to Return Products
- You can contact us at the end of this Policy to discuss a return using the information.
- Unless otherwise defined in our sole discretion, we shall pay all refunds in the same form as the original purchase or to the same account or credit card used to make the original purchase.
- To be eligible for a refund, repair or replacement, you must provide proof of purchase.
- You may be required to provide a government issued identification to qualify for a refund, repair or replacement.
14. Contact Us
- If you wish to speak to us about this Policy or about any refund, repairs or replacements, please contact us at: firstname.lastname@example.org.
Once you finalize the material and place the order there will be no cancellation or change of material
8) LIMITATION OF LIABILITY
Zeal 3D Printing Services will not be liable for any loss of profits, loss of income, loss of contracts, loss of data, damage, compensation for moral harm, costs, losses, lost turnover, or liabilities of any nature which may arise from the use of the website, it’s contents or manufactured products. Whether foreseen or unforeseen. Zeal 3D Printing Services liability shall be limited to the total amount paid by the customer for their order.
9) CANCELLATION OF ORDERS BY US
There are, technical or other reasons why Zeal 3D may not accept or may cancel your order during the entire ordering process, even after our acceptance of your order. Such reasons can be but are not limited to, the unfeasibility of the model, an infringing feature of your 3D Model, maintenance or breakdown of a 3D printer or the destination of the delivery you indicated in your order. In case we cancel your partial or entire order, we will contact you via email and, except in cases of fraud or other violations of our policies, issue you a full refund for the cancelled item(s).
10) ENTIRE AGREEMENT
The entire contract is embodied in this writing. There are no understandings, agreements, representations, or warranties, either oral or written, relative to the products, including statements made in or conduct implied from past dealings that are not fully expressed herein. No oral or any other form of statement after the acceptance of the purchase order purporting to modify the said terms and conditions shall be binding unless consented to in writing by a duly authorized officer of Zeal 3d Printing in a document making specific reference to this transaction or after a transaction has been made.