Terms and Conditions
BLUEMOUNTINGS BUSINESS TERMS AND CONDITIONS
1) Applicability of the Terms and Conditions
Deliveries, services and quotations from Blue Mountings, shall exclusively be based on the present Terms and Conditions. By placing an order, the customer declares its agreement with the present Terms and Conditions. The Terms and Conditions of sale shall also apply for all future transactions with the customer.
2) Conclusion of contract
The customer gives BlueMountings the order to print STL files and, if applicable, other services connected therewith. The contract shall come into force when the orderis complete. The customer has the option to register and create an account or complete the order as a guest, as long as the customer provides all the necessary contact information along with the files to be printed. Customers who choose to register are given a user name and a password. The prerequisite for an effective contractual relationship between BlueMountings and the customershall be successful with the upload of STL files to BlueMountings and ordering of services from BlueMountings on the Internet on the BlueMountings web-site. With this, the customer acknowledges the present General Terms and Conditions of Business. The information provided by the customer must be correct and true. The customershall notify BlueMountings without delay about the amendments of customer’sdata relevant to the order.
3) Non-performance of the offer
In the event of typing or calculation errors as well as errors on the web-site, BlueMountings shall not be obliged to accept the offer or to carry out the order.
Delivery of the order shall be done according to the customer’s selection based on the provisions stipulated on the BlueMountings web-site insofar as no deviating agreements have been reached between the customer and BlueMountings. BlueMountings shall be entitled to make part deliveries. The delivery periods stated by BlueMountings shall apply with the provision that they can be fallen short of or exceeded by about 24 hours. In the event of arrears in delivery by BlueMountings, the customershall not be entitled to claim damages insofar as nothing to the contrary has been determined with regard to warranty. To the extent legally admissible, rejection of acceptance due to delays in deliveries shall be ruled out.
Delivery shall be done at the prices stated on BlueMountings web-site and valid on the date of the conclusion of the contract. BlueMountings reserves the right to charge the correct price in the event of the web-site containing obvious errors such as typing or calculation errors. The agreed price shall be understood in US Dollars. It shall be due for payment without deduction following the acceptance of the estimate provided on the BlueMountings web site after successful upload of STL files. In the event of damage caused by loss, confusion or damage of the STL files sent in or transmitted, BlueMountings shall only assume liability to the value of the material value, insofar as the damage has not been caused with malice aforethought or by gross negligence. BlueMountings shall assume no liability for the loss of STL files in dispatch to BlueMountings or of data on the transmission path to the web-site or for the loss of material of any kind as a result of force majeure.
The customershall only have a right to offsetting if its counterclaims are legally effective or have expressly been acknowledged in writing by BlueMountings.
7) Right of revocation
A right to revocation of the order is ruled out, as the 3D products are printedaccording to the customer’srequirements and are tailor-made to match its personal requirements.
BlueMountings shall assume liability according to the statutory provisions in the event of defects to the object insofar as nothing to the contrary has been determined below. Delivered goods shall only be defective if they do not correspond to the technical standard of digital 3D printing services. A particular quality of the goods to be supplied is not agreed. BlueMountings shall assume no guarantee. The customershall notify obvious defects which are striking without particular attention in writing without delay upon delivery, albeit no later than 2 days after receipt, stating the defect. Later claiming of obvious faults shall be ruled out. To the extent that the goods supplied are defective, BlueMountings shall have the choice between reworking or replacement delivery. If the reworking or replacement delivery fails, the customercan, at its discretion, demand reduction of the purchase price or withdrawal from the contract. BlueMountings shall have two attempts at reworking or replacement delivery. However, claims to damages shall be ruled out to the extent that nothing to the contrary has been agreed in the aforementioned regulations.
BlueMountings shall not be liable for damages caused by technically erroneous designs submitted. This shall not apply to liability for damages caused on the basis of malice aforethought or gross negligence. BlueMountings engages to take all reasonable efforts in order to ship the goods on time. BlueMountings shall assume no liability for faults or economic damage incurred by the customerfrom a temporary lack of availability of the web-site or parts of the same or resulting from similar technical problems. Liability of BlueMountings shall in particular be ruled out for system-induced failures, interruption and/or disturbance of the data transmission and for failure to comply with the instructions for use decisive for the BlueMountings offer. Liability of BlueMountings for system-induced failures, interruption and/or disturbance of the data transmission, the Internet or other necessary communication systems for the disturbance of which BlueMountings shall not be answerable shall be ruled out; BlueMountings shall only be liable for the event of malice aforethought or gross negligence and for the event of BlueMountings being involved in the origination of the damage. BlueMountings shall also assume no liability for loss of the data stored with BlueMountings, except for malice aforethought or gross negligence. BlueMountings shall assume no liability for losses or damage incurred by the customerfrom making use of the services or goods of a third party which are advertised on the BlueMountings web-site or to which a hyperlink on the BlueMountings web-site refers. Claims to damages against BlueMountings or its partner companies shall be ruled out to this extent with the exception of malice aforethought or gross negligence..
10) Obligations of the customer
The customermay only use the BlueMountings web-site according to the present Terms and Conditions of business and use. The customer must disclose its identity to BlueMountings when sending the STL files. Statement of an e-mail address alone is not sufficient for this. The customermay not send any STL files that have copy right from the third partyto BlueMountings. The customershall be responsible for the contents of the STL files sent to BlueMountings by it. The customershall be liable for all damage culpably incurred by BlueMountings, its employees or third parties by its use of the service of the BlueMountings web-site and shall hold BlueMountings harmless against such claims by third parties. The registered customershall be responsible for secrecy and use of its password. The registered customershall be obliged to keep its user name and password with particular care, in order to prevent other people from obtaining knowledge of the user name and password or becoming lost or being misused. The registered customershall be liable for unauthorized use of its user name and/or password by third parties. The customershall notify BlueMountings without delay if it assumes that its user name and/or password is/are being used without authorization. BlueMountings shall reserve the right to reject the BlueMountings offer for any customerinfringing the Terms and Conditions of business and use.
11) Data protection, data back-up
A registered customerknows and approves of the fact that its personal data necessary for order handling as well as archiving are stored on our hosting server. The customerexpressly approves of recording, processing and use of its person-related data. All data shall be treated confidentially. The customershall have the right to revoke this approval with an effect for the future at any time. In this event, BlueMountings engages to delete the personal data immediately unless an order process has not been completely dealt with. At the placement of an order, BlueMountings presupposes that the customerbacks up its data sets over and above the time of delivery to BlueMountings. Backing up of the data transmitted by the customershall not be done by BlueMountings. This shall in particular apply for the STL files stored in the storage service. The customer gives its approval that its data, as described above, are stored by BlueMountings.
The customer assures that it possesses all copyrights, rights of utilization by copyright and performance protection rights to the STL files which it sends to BlueMountings. The customer assures that it is also the unrestricted owner of the processing, amendment and redesign rights of all STL files which it transmits to BlueMountings and ensures that the processed, amended and/or reworked STL files do not infringe copyright provisions and/or personality rights of any kind. All and any consequences resulting from any infringement of the aforementioned rights shall be borne by the customeralone. Upon placement of the order, customerassures that the contents of the transmitted STL files also do not infringe penal laws in any other way. In the event of BlueMountings being sued by third parties on account of an infringement of the aforementioned rights, the customershall hold BlueMountings completely harmless against all and any claims of third parties.
BlueMountings can amend the terms and conditions for the use of the offer forming the object of the contract at any time. BlueMountings shall notify the customerof the alterations by a reference on its Internet site. Insofar as the customermakes use of the offer by BlueMountings following reference to an alteration, it shall accept this alteration. BlueMountings can end or revoke one or all aspect(s) of its offer in its own free discretion and without prior notification.
Upon appearance of an updated version of the General Terms and Conditions of Business, older versions shall lose their validity. Place of performance for the contractual obligations and performance shall be the registered office of BlueMountings to the extent legally admissible.
The contract shall be governed by the US law. Should a provision of the present General Terms and Conditions of business be or become ineffective and/or null for any reason, the validity of the remaining provisions shall remain unaffected. Ineffective and/or null provisions must be replaced in such a way that the envisaged economic purpose is achieved.
15) Venue and applicable law
The venue at the registered office of BlueMountings shall be deemed agreed for all claims resulting from the business relationship to the extent legally admissible. The US law shall apply exclusively.
27 January 2015