3Btrain, available through the website www.3Btrain.com (hereafter “the Site”) is a service that allows you to purchase downloadable 3D files and purchase 3D printed goods. You can contact us at admin@3btrain.com.
Agreement
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.
3Btrain 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 3Btrain unless made in writing by an authorised representative of 3Btrain.
The Site is available in English and can also be viewed in Japanese. An order can be placed in English and Japanese.
Usage of the service
3Btrain offers the service of 3D printed train models. 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 3Btrain in case of unauthorized use of your account. 3Btrain 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.
Ordering process
The ordering process happens as follows : you select the model you would like to download or be reproduced by 3Btrain. For reproduced models you choose the address 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 3Btrain 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 there is an inability to process orders, which you shall be informed within two weeks after filing your order.
3Btrain may, at any time during the ordering and the manufacturing process, revoke and/or cancel any quotation/order, if there are technical reasons to do so. In such case, 3Btrain will reimburse you all monies paid.
3Btrain maintains records of orders and allow you to have access to it. 3Btrain recommends that you keep a printed copy of these terms and conditions as well as a copy of the order confirmation and invoice.
Price – Payment
The price calculated by 3Btrain contains the cost for the services rendered by 3Btrain, 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 3Btrain, will be paid by you.
Payments are handled by online payments systems independent of 3Btrain. By using these payment methods, you agree to the terms and conditions of the payment systems. The price is calculated in United States dollars (USD). Payments may be accepted in other currencies, but are converted to USD at rates provided by the online payments systems.
3Btrain reserves the right to refrain from production or to terminate a delivery, as long as the outstanding invoices remain unpaid.
Term of delivery – Risk of transport
For downloadable 3D files, you will receive a download link after payment has been confirmed.
For physical products, each order requires custom production. The average time required to produce a model is about 10 working days. This is a preliminary indication, but does not bind 3Btrain 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 3Btrain 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.
3Btrain uses its discretion in selecting a reputable carrier and appropriate means of delivery. All risks during transport are borne by you.
Inspection – Returns – Replacements – Refunds
Since the physical products are made immediately on the basis of your specifications, there is no right to return or possibility of cancelling your order within a certain period of time.
Upon delivery of the product, 3Btrain expects that you inspect the product. Because of production reasons (different print orientation, composition of materials, handling…), there may be minor visual differences between multiple copies of one model as well as minor defects. These are normal occurrences from 3D printing.
If, upon inspection, you feel that the product is not the correct model you ordered, 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 decide to use a non-conforming product, you dismiss 3Btrain 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 3Btrain to do so.
3Btrain reserves the right to revoke and/or modify (part of) a quotation and/or order confirmation for technical reasons. The liability of 3Btrain 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 3Btrain, such as 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 3Btrain 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. 3Btrain does not accept responsibility for any errors or problems that may arise through the use of Internet communication and all risks are borne by you.
Intellectual property
3Btrain grants you a limited, non-exclusive license to generate quotes and place orders with 3Btrain. 3Btrain retains all ownership and intellectual property rights to the Site. You may not cause or permit reverse engineering, disassembly or decompile the Site.
The 3Btrain website contains names, which are trademarks and/or brand names of 3Btrain. 3Btrain brand names may not be used without the written permission of 3Btrain. The copyright in the content of the Site is owned by 3Btrain or other third parties. No part of the Site may be copied or reproduced for commercial purposes without the express written permission of 3Btrain or the identified owner of the information and content.
3Btrain provides an internet-based service to users, and also holds all intellectual property rights to the products it sells. By purchasing products from 3Btrain, you confirm that you will not infringe on these intellectual property rights. You will not share or reproduce the products found on this site for commercial purposes without the express written permission of 3Btrain. You are allowed to print models from the 3D files sold by 3Btrain only after purchasing them from 3Btrain.
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 3Btrain will implement reasonable precautions to attempt to prevent such occurrences, you further acknowledge that 3Btrain does not guarantee such events will not take place and that 3Btrain will not be liable for any such occurrences.
Limitation of liability
The information and content provided on the Site and your access of the Site does not create any relationship between you and 3Btrain.
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. 3Btrain 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.
3Btrain 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.
Data protection and privacy
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 3Btrain; 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 3Btrain 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 3Btrain it shall also be regarded as “Personal Data”.
The Personal data are collected by 3Btrain 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
Personal Data may be disclosed to third parties to enable compliance with legal obligations to which 3Btrain is subject, for example the shipping provider.
Use of “cookies”
When you visit the site ‘cookies’ may be installed on your computer with the sole purpose of streamlining the site more to the needs of recurrent visitors.
Other
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
3Btrain will make every effort to perform its obligations under these terms. However, 3Btrain is not liable in case of force majeure. Force majeure implies any circumstance beyond the control of 3Btrain – 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, 3Btrain 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 clauses will continue to be valid and enforceable.
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.
If you have any questions or comments regarding the Site, please contact us by email at admin@3btrain.com.