Terms of use

M3D Customer Purchase Agreement

 

2019 Mar 07

This agreement between M3D LLC (a company incorporated under the laws of the State of Maryland in the United States), and you, the CUSTOMER, describes important disclaimers, indemnity, safety instructions, performance expectations, software information and limited warranty information about M3D products and govern the conditions of sale. PLEASE READ THESE TERMS CAREFULLY. By completing this transaction on our website, you acknowledge that you have read and understand this agreement in its entirety, and accept the terms of this customer purchase agreement. M3D reserves the right to digitally log your acceptance of this agreement as part of the customer information you provided to us.

 

REVIEWER STATEMENT

  • We will not pay for reviews or provide free printers to users promising reviews.
  • We encourage any legitimate reviewer to obtain a genuine customer experience by “mystery shopping” our products. To do this, purchase one of our products available for delivery in-stock (from printm3d.com) under an alias that isn’t easily identifiable. Feel free to test any of the claims made on our website to evaluate if the product does what it claims, to make the most fair assessment.
  • We welcome any genuine review, and we do not discourage or encourage them. Thanks to the wide availability of review platforms online, everyone can be a reviewer today. Users who attempt to gain preferential treatment or pricing by reviewing a unit will be directed to this section of our policy: to provide fair and equal (i.e. non-discriminatory practices) treatment, users attempting to leverage a review for special treatment or service will be warned one time and then permanently blacklisted if the issue persists.  

CONDITIONS OF SALE

  • By purchasing one of our products, you agree to read this agreement, the user manual, and if applicable, the software agreement, all of which contain important disclaimers and safety information.
  • A digital copy of our user manuals and software can be found at www.printm3d.com/support.
  • You understand that your use of M3D's products are subject to the Standard Limited Warranty, unless an Extended Limited Warranty is purchased or is otherwise noted on the product page.
  • You agree that you will not disassemble, decompile, modify, enhance, reverse engineer, or tamper with, attempt to identify trade secrets, or attempt to circumvent safety features of M3D products and software without written consent by M3D. If you do any of the above it automatically voids your warranty.
  • You agree that all shipping, handling and VAT fees where applicable are non-refundable.
  • You understand that you are responsible for paying any and all applicable sales tax, VAT, duties, and other applicable surcharges that may be collected in your governing place of residence.
  • M3D is bound by US laws and may not accept payments from customers in embargoed locations, as well as individuals, entities, and corporations that are screened against by various export enforcement agencies, a.k.a. “Blacklists.”

EXPECTATIONS OF USING M3D PRODUCTS

  • 3D Printing has reasonable limitations. Not every 3D model is properly designed for 3D Printing, therefore the success of printing any specific 3D model cannot be guaranteed. M3D warrants the basic functionality of its products, as listed in the “STANDARD LIMITED WARRANTY.” section of this purchase agreement.
  • Users of M3D products may expect them to be free from defects in workmanship or materials that would significantly impede performance. Users of refurbished M3D products should expect some defects in cosmetic appearance. Sales of all cosmetic retouch units are final.
  • M3D MAKES NO GUARANTEES about the performance of 3rd party software, hardware, or models used in conjunction with M3D’s products because we do not control those products.
  • M3D provides access to technology products for early adopters purely in an experimental capacity. Users should have expectations for first-time setup and the possibility of needing to fine tune things to get started. In addition, users may need to wait for software updates to accommodate increasingly sophisticated 3D printing capabilities or access to a wider variety of software and hardware configurations.
  • 3D printers are unique. Many users feel that being experienced in an unrelated technical industry qualifies them as an expert. However 3D printing itself is cutting edge and therefore there are no formal standards, with each company having its own style and way of doing things. What works for one product does not work for another.
  • M3D continuously makes improvements to and offers alternative versions of its products to better fit customer needs. Newer products are not necessarily better, they are different, intended to fit specific applications. Customers may expect gradual improvement over long periods of time, as is usual in technology. Customers are not entitled to free upgrades and may not use new products as a vice to leverage for benefits or argue that older products are inferior.

TAXES & INTERNATIONAL FEES

  • Maryland customers: we will collect local state tax on your purchase.
  • Non-US customers: our prices do not include VAT. You are responsible for paying VAT and DUTIES as well as any additional fees as required by your local laws (HTS code: 8443.99.90)
  • VAT fees may be predicted with reasonable accuracy in most EU countries as the VAT RATE x (price of the printer + filament + accessories + shipping). Warranties do not have VAT. Duties typically do not apply.
  • We may provide estimates for VAT, but we cannot guarantee them. Our estimates may not be perfectly accurate because laws and regulations change. Ultimately you accept the responsibility to handle VAT.
  • A valid phone number must be provided for your local post office to inform you that you package has arrived and is awaiting VAT payments.

CUSTOMER INTERACTION & SUPPORT ACCESS AGREEMENT

  • Customers must be 18 years of age or older to access our support system.
  • Customers must observe and abide by all of these terms, or they will receive one warning, after which they will be permanently blacklisted.   Blacklisted users will be denied access to M3D support. You will be warned and blacklisted if you do any of the following, including but not limited to:
    • Use a threatening tone, implication or language.
    • Send profane, threatening, rude, or hostile messages.
    • Overwhelm our system by sending too many tickets/emails/messages about the same question within a short amount of time.
    • Intentionally sharing confidential messages.
    • Intentionally lying or being misleading.
  • In order to keep costs down and to be able to give all customers support with fast response times, Customers must agree to use and focus on the facts , as described below in the following policies:
  • Factual Basis Policy:
    • Please bring us as many facts about your question or problem as possible, but leave behind any assumptions about the underlying problem.. We’ve seen it all so let us do the diagnosis and do our best to help you.
    • Despite the apparent expertise others may have, please only reference your own first hand observations.
    • Diagnosing 3D printing issues remotely can be a challenge, so please work with us as we collect information. Like a game of 20 questions, we could arrive at the answer quickly, or we may need several rounds of collecting information to get to the correct answer.
    • M3D content such as product descriptions, gitbook support guides, ticket responses, and community chat forums are provided for informative purposes only. We aim to provide the best information available at the time. This information is constantly changing and being updated so please do not cite this information as fact.
  • Bias Avoidance Policy:
    • Be aware that 3D printers are unique. We want to help you, and in order to help you best we need assumptions to be kept in check.
    • Many users feel that being experienced in an unrelated technical industry qualifies them as an expert. However 3D printing itself is cutting edge and therefore there are no formal standards, with each company having its own style and way of doing things. What works for one product does not work for another.
  • All terms and conditions of this agreement are subject to change in the future.

CHARGEBACKS

  • Chargebacks are provided by some card issuers as a means to protect users from fraudulent transactions.  
  • Chargebacks are valuable in cases of actual fraud. However, using the chargeback system to reclaim funds spent as part of a legitimate sales contract (i.e. all sales final) is an abuse of that system and may constitute fraud. Further, if that fraud is across state borders then it becomes a federal crime. Fraud increases the cost of products and credit card processing fees, which are eventually passed on to the consumer. In order to keep costs down, your individual transaction information, support history, video evaluation of the returned product, etc., will be reported to the FBI (www.ic3.gov) if we suspect chargeback fraud has occured. Users may also be reported to consumer blacklists/chargeback databases, which may limit your ability to purchase products online in the future.
  • We may blacklist, deny service to, or assess an evaluation fee if chargebacks or formal complaints take away from our being able to service regular operations.

SHIPMENT & DAMAGE

  • All shipping fees are non-refundable. There is no circumstance where shipping fees will be refunded. This is the opportunity cost of the customer.
  • M3D makes no guarantees about shipments including but not limited to shipment quality, shipment speed, or the customs process.
  • M3D at its sole discretion will choose the shipment carrier to optimize shipping by region. We reserve the right to choose the best carrier when a flat rate is provided.
  • If you place multiple orders within a short period of time we reserve the right to combine them when we ship, additional shipping charges will not be refunded.
  • Any additional duties, inspection fees, or local taxes & duties are imposed by local governments and will be the sole responsibility of the customer. Failure to pay these fees will cause a package to be returned to us.
  • If you reject the package without paying the VAT fees, your order will be considered to be voluntarily abandoned, and M3D will not be held responsible for replacing or refunding your order.
  • If a package is damaged, destroyed or not returned to us, the printer we be determined as lost due to customer negligence and no refund can be provided. M3D will not refund shipping costs or pay for return shipping in these cases. If packages are destroyed by local customs at no fault of our own, we also will not be responsible for refunding the purchase or sending a new shipment.
  • To ensure that packages are delivered as quickly as possible, package couriers may leave a package unsigned. Customers are responsible for checking their shipment tracking number to ensure that someone will be available to receive the package at the time of delivery. M3D will not be held accountable for lost or stolen packages.
  • DAMAGE: If a printer is damaged during shipping, the customer must contact us through our support portal (https://store.printm3d.com/pages/support) and indicate that damage was observed within three (3) days of receiving the package as indicated by the tracking number so that we have time to make a shipping insurance claim.
  • Missing Items: If you think an item is missing from your order, you must contact us within three (3) days of receiving the package as indicated by the tracking number.
  •  

STANDARD LIMITED WARRANTY

  • Unless otherwise noted, this limited warranty applies to all physical M3D products.  
  • WARRANTY: M3D warrants that its products will be free from manufacturer defects and perform as intended, as described in the limited warranty. This is an express warranty and is intended to be in addition to and in lieu of any coverage not already provided by statutory implied warranties that may cover you already. This warranty applies worldwide.
  • WARRANTY COVERAGE PERIOD: Unless otherwise noted, All M3D 3D printers come with a three month warranty from the date of purchase. Clearance units do not come with any warranty. Parts have a warranty of thirty (30) days. The warranty includes technical evaluation services for the duration of the warranty period. After this time, you will need to purchase an extended warranty to continue to have access. For specific products, M3D may recommend 3rd party support.
  • HOW TO MAKE A CLAIM: To make a claim, please contact us through our support portal (https://store.printm3d.com/pages/support). You must contact us before the end of the coverage period, describe the problem with your printer, and provide a proof of purchase such as an order ID number. Please note that if you wait several weeks to respond during our tech support process, your warranty period will be expiring in the meantime. Therefore, please ensure you respond promptly. If M3D determines a manufacturing defect is at fault, and that it needs to be repaired by M3D, a return authorization will be issued. The customer must pay to use our preferred carrier and follow our packaging instructions to safely return the product to our assembly facility in the USA. A refurbished printer of similar appearance and performance may be exchanged for the warranty process.
  • WHAT IS COVERED: Any defects in materials and workmanship for M3D products under typical use during the coverage period and which is not specifically excluded below.  
  • WHAT IS NOT COVERED: 1) Any unauthorized modification or repair, where tampering/disassembly is evident, or improper disassembly/reassembly even if authorized; 2) Damage caused by using 3rd party software, USB cables, or power supplies not certified or sold by M3D; 3) Failure of printer operation caused by inappropriate or poor-quality filaments being installed, such as those not certified by M3D, without limiting use of filaments not sold by M3D; 4) Consumables such as print beds, printbed sheets, and filaments; 5) COSTS OF SHIPPING & HANDLING, including duties & VAT if applicable; 6) Damage due to shipping; 7) Incidental or consequential damages such as water, excess heat, electrical discharge, abuse, misuse, neglect, unusual operating conditions or improper storage; 8) Normal wear & tear including scratches and nicks; 9) Extruder system problems reasonably repairable by the customer, especially those caused by 3rd party filaments; 10) Damage caused by use of “expert-mode” in the M3D software; 11) Stalling of the printer due to filament snagging 12) Any product specifications that were advertised and are slightly different, such as color, or performance characteristics which are to be improved in good faith and can be updated remotely 13) any other acts of damage where M3D manufacturing is not at fault; 14) This warranty does not cover any additional representation or express warranty beyond the limitations of this warranty if it was provided by anyone other than M3D; 15) This warranty does not apply when the proof of purchase cannot be confirmed or is claimed by anyone other than the first-end user.
  • INTERNATIONAL LIMITATIONS AND STATUTORY LAW
    • The conditions set forth in this agreement are intended to be fully binding by United States national law.
    • This warranty is intended to give you specific additional legal rights and you may also have other rights which vary by location. Some limitations included in this agreement may not be permissible by the laws in your state, country, or locality; in this case, our agreement is not intended to restrict or modify any statutory law that preceded it but to provide warranty in lieu of any implied warranties.  
    • European Union customers - You may have additional rights granted by your national laws that precede parts of this agreement. EU customers can find their local agency at http://ec.europa.eu/consumers/ecc/index_en.htm to learn more.  
  • All parts of the Standard Limited Warranty section apply to the first end user (purchasing customer) and are non-transferrable.

EXTENDED LIMITED WARRANTY OPTIONS

  • The terms of the Standard Limited Warranty can be extended at any time during existing warranty coverage.
  • Users may purchase additional warranty coverage at store.printm3d.com.
  • Coverage is charged upfront for the entire period, does not automatically renew, and is not taxed as allowed by statutory law.
  • Extended Limited Warranty options include 1 and 2 additional years.
  • All Extended Limited Warranty options described in this section apply to the first end user (purchasing customer), are non-transferrable and are non-refundable.

REPAIR SERVICE

  • To request repair service, you must first contact us through our support portal (https://store.printm3d.com/pages/support), have the issue diagnosed by our technical support team, and obtain an RMA.
  • M3D needs to be able to conduct a full diagnosis before determining whether your printer needs to be repaired or not. This diagnosis process may include requesting images, videos, or additional information, and we ask that it be submitted in a timely manner, or you may forfeit your right to a repair.
  • Return Merchandise Authorization (RMA) numbers issued to approve refund, replacement, or repair requests are valid for 30 days since the date of approval. If you wait longer than 30 days to send the unit back, you will need to receive a new RMA number as your old one will be expired. Expired RMA numbers will be considered unauthorized returns. M3D reserves the right to reject any units and packages returned without a valid Return Merchandise Authorization.
  • By sending a product back to us for repair or replacement, you agree to the following terms.
  • Shipping & handling fees both ways (return and destination) are not included and subject to change. The user should aim to use our preferred shipping carrier and label for pickup.
  • If you suspect your printer to be DOA it must be reported to us within 3 days of receipt. If it is not reported in time, it becomes a warranty repair request. If your printer is deemed by us to be DOA, your shipping fees may be refunded as store credit, and your repair will be free.
  • During the period of warranty coverage, all repairs that qualify under the warranty will be done for free, shipping not included.
  • Any repair service can be conducted at the cost of parts, labor, and shipping for up to one year from the time of initial purchase, even if the printer is out of warranty. Repair costs may vary and can go up to the full retail price of applicable products. The exact repair fee will be determined upon the evaluation of the product.
  • International repairs: The product will be classified under HTS code 9801.00.10 as a return/repair so that there should be no taxes or duties; however if additional fees apply due to the shipment the customer will be responsible for them.
  • If you do not pay for the repair fees under these terms, your product will be held for up to 90 days after payment request. At this time, you agree to forfeit the product if it remains unpaid.
  • Customer agrees that they may not receive their original printer back but a refurbished one deemed to be of equal or greater value.
  • In the case of excess wear of parts, we may charge for replacement of parts during your repair.
  • M3D reserves the right to reject any repair request for customers who cannot show they are the first end user, who abuse the repair system by not following our terms and procedures, or when printers have been modified and tampered with. M3D may assess a minimum $25 evaluation fee to evaluate such cases.

RETURNS & REFUNDS

  • To request a refund you must contact us through our support portal (https://store.printm3d.com/pages/support).
  • Rewards delivered as part of any crowdfund or pre-order campaign are non-­refundable.
  • All sales on limited/discounted pre-ordered units are final.
  • Sales of all refurbished units, cosmetic retouch units, and clearance items are final.
  • Orders that are being prepared for shipment or orders that have already been shipped are final and will be fulfilled. Modification requests may be considered on a case by case basis. Cancellation requests will be subject to a 20% restocking fee.
  • Returns for refunds will be accepted for new, unopened and unused products that were purchased in stock at the regular retail price directly from M3D. These units can be returned for up to 30 days from the date of purchase for a 20% restocking fee.
  • Returns for refunds of opened and used printers will be considered within 30 days from the date of purchase, provided that the units are not modified and pending an evaluation of the state of the printer to determine the correct restocking fee. The minimum of a 20% restocking fee will apply.
  • The restocking fee will be used to cover costs associated with processing your order cancellation as well as evaluating, reconditioning, and repackaging of returned materials.
  • Returns for refunds of opened or used filament spools and accessories will not be accepted.
  • DOA units will be covered under the manufacturer's warranty.
  • The customer will pay for all shipping fees relating to the return.
  • In extenuating circumstances, M3D reserves the right to return funds via an alternative method of payment or in the form of store credit.
  • We do not provide any refunds, guarantees or compensation for loss of profit or business activities. Our products are cutting edge and not intended for any mission critical purposes or for meeting deadlines. Provide yourself enough time to get familiar with your product and know what to expect from it to achieve your goals. It can take weeks, even months to become an expert 3D printers.

SOFTWARE

  • Each purchase of a Micro, Micro+ or Pro 3D Printer includes a limited, non-exclusive license of The M3D Software. The downloads are available at www.printm3d.com/support.
  • The M3D software is under development and is supported by M3D through updates provided on an ongoing basis. Specifications of the printer and software functionality may be expanded or modified by the software through updates. These include but are not limited to operating system functionality, print speed, print quality, build volume, and print resolution and accuracy.  
  • Software development updates are intended for ongoing product performance improvement and may require temporary reversion to older performance parameters as other features are tested, improved, or enabled.
  • M3D reserves the right to contact our remote server in future versions of the software for the purpose of comparing software versions and downloading remote software updates.
  • M3D software updates include firmware updates which may be pushed to the printer.
  • The M3D software includes terms and agreements in addition to this customer purchase agreement.
  • The M3D software is proprietary and its design and contents are protected by law. Attempts to deconstruct / reverse engineer the software are considered illegal as provided by copyright law and fair use; trade secrets; patents pending; and additional local, state, and federal laws where applicable.
  • All parts of this section apply to any customer and are fully transferable to any user.

INDEMNITY

  • You understand that 3D printers are experimental technology and therefore you agree to hold harmless and indemnify M3D from any personal injury that results from using its products. You are responsible for any damage or injury that may occur as a result of using M3D products.
  • You understand and agree that M3D is not responsible for any damage and/or loss of accessories, components, consumables, and/or information that may occur as a result of the use of its product(s).
  • You agree to hold harmless and indemnify M3D from any liabilities that result from any of the following conditions: 1) modification of M3D's 3D Printers, M3D consumables, and/or M3D software; 2) use of third-party software; 3) use of any custom 3D models; 4) use of third-party power supplies or USB cables; 5) use of third-party consumables such as print beds, print bed surface sheets, print bed adhesives, and filaments; 6) use of M3D's 3D Printers and/or its components in any way other than intended, as described in the user manual; 7) Physical operation of The Micro 3D Printer or use of M3D filaments; and 8) Printing of custom objects which results in any physical hazard, legal suit, and/or intellectual property infringement.
  • You agree that there is no circumstance where M3D will be held liable for any monetary damages or loss, including but not limited to loss arising from anticipated profits, business opportunities, cost savings, late delivery, performance characteristics, repair, or business interruption at M3D.

SAFETY AND WARNINGS

  • Use caution when learning how to use this product if the technology is unfamiliar to you. Most of all, USE COMMON SENSE.
  • CHOKING HAZARD: M3D's 3D Printers and their consumables may include small parts that may constitute a choking hazard; additionally, a 3D printer may be used to manufacture objects that may themselves constitute a particular choking hazard, especially if the prints are broken or do not print successfully.
  • M3D products are NOT TOYS: children under the age of 14 should use our products under adult supervision.
  • CAUTION! The print head, exposed nozzle, extruded plastic, and areas near the nozzle may be extremely hot. Keep fingers away from the printhead and extruded material unless the printer has been unplugged for at least 10 minutes.
  • Use M3D’s products only as intended and as described by the user manuals.
  • Use M3D’s products in a well-ventilated area; M3D's 3D Printers were intended to be used by themselves in a medium or large room with central air circulation. Clean printer nozzle tips and replace them preemptively - do not run printers with plastic stuck around the nozzle for extended periods of time as they will become tarnished.
  • Do not leave M3D’s products running while unattended.
  • FOOD SAFETY: as a precaution, 3D printed objects should not come in contact with foods/liquids that will be ingested by humans or animals. Our products are not certified as food-safe. However, 3D printed plastics are non-toxic and may be used to make molds using food-safe materials that can then be cleaned with soap & water and used safely.
  • ALLERGY PRECAUTION: If any allergy develops as a result of direct or indirect contact with M3D’s products, or from the 3D printed objects, discontinue use immediately.
  • MAINTENANCE: After extended or improper use, the nozzle and/or its cover may need to be replaced or cleaned; the printbed and/or the printbed sheets covering it may need to be replaced; the extruder may need to be purged or cleaned; and the filaments may need to be purged or replaced.

INTELLECTUAL PROPERTY

M3D and its products and services include proprietary and privileged information, also known as trade secrets. M3D, Print Anything, and 3D Ink, are registered trademarks of M3D LLC. Design and utility patents pending. M3D reserves all rights to make changes to any parts of this agreement without notification.  




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