Article 1: General Terms

The website of PrintPlace BV, a company with its registered office at Leuvensesteenweg 126, 1830 Machelen (VAT number: BE 0648.702.742), offers its clients the opportunity to request customized projects and/or products.

These General Terms (“Terms” or “Conditions”) apply to any order placed by a visitor to this website (“Client”). By placing an order through PrintPlace BV, the Client expressly accepts these Terms, agreeing to the applicability of these Terms to the exclusion of all other terms and conditions. Additional terms and conditions of the Client are excluded, except when previously, in writing and expressly accepted by PrintPlace BV.

These Terms may be amended by PrintPlace BV, and updates will be published on the website. Continued use of the website following any amendments signifies acceptance of the new Terms.

Article 2: Price

The price charged by PrintPlace BV is expressed in EURO and includes the cost of services rendered by PrintPlace BV, manufacture of the product, and shipment of the product, as well as applicable taxes. Any other levies and taxes applicable to the delivery of the product, even if not mentioned on the invoice sent by PrintPlace BV, are for the account of the Client.

The statement of price refers exclusively to the articles as described verbatim. Any accompanying photographs are for decorative purposes only and may contain elements not included in the price.

Article 3: Offer

A digital offer through any remote channel (website, social media, etc.) is without engagement, while supplies last, and indicative. PrintPlace BV always has the right to modify the rates and/or these Terms and Conditions.

When the Client accepts the current offer or registration, accepts the Terms and Conditions, and then receives a confirmation from PrintPlace BV, this is binding for the Client.

Despite the utmost care in composing the website, it is possible that the information offered is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer do not bind PrintPlace BV. PrintPlace BV is only committed to ensuring the correctness and completeness of the offered information as a means. PrintPlace BV is not liable in case of manifest material errors, typesetting, or printing errors.

If the Client has specific questions about sizes, colors, availability, delivery time, or method of delivery, the Client should contact us in advance via the contact options on our website.

PrintPlace BV cannot be held responsible for the unavailability of a product.

Article 4: Purchases

The services rendered and products manufactured by PrintPlace BV are done based on the specifications of the Client and therefore involve customization. Unless expressly agreed otherwise in writing, for professional projects, the Client is requested to pay the full project amount within a payment term of 30 days net. Unless expressly agreed otherwise in writing, for private projects, the Client is requested to pay the full project amount in advance by bank transfer to the account number of PrintPlace BV.

PrintPlace BV has the right to refuse an order in case of a serious deficiency by the Client regarding previous orders.

Article 5: Delivery and Execution of the Agreement

Articles ordered through PrintPlace BV are transported in Belgium according to INCOTERMS 2020 EXW (Ex Works).

Unless otherwise agreed or expressly stipulated, the goods will be delivered to a place communicated by the Client within 30 days after receipt of the order or as per the agreed timeline specified in the order confirmation. Any visible damage and/or qualitative deficiency of an item or any other shortcoming in delivery must be reported by the Client to PrintPlace BV immediately and without delay.

The risk for loss or damage passes to the Client as soon as they (or a third party designated by them, who is not the carrier) have taken physical possession of the goods. However, the risk passes to the Client upon delivery to the carrier if the carrier has been instructed by the Client to transport the goods and this choice was not offered by PrintPlace BV.

Article 6: Reservation of Ownership

The delivered goods will remain the exclusive property of PrintPlace BV until full payment by the Client.

The Client undertakes to inform third parties of the property rights of PrintPlace BV, e.g., to anyone who would come to seize the not yet fully paid-for goods.

Article 7: Right of Withdrawal & Liability

Since the products are made directly based on the specifications of the Client, there is no right of return or possibility to cancel the order within a certain period of time.

Upon delivery of the product, PrintPlace BV expects the Client to subject the product to a thorough inspection. If, after inspection, the Client believes the product does not conform to the order, the Client should contact PrintPlace BV as soon as possible and at the latest within 14 days after receipt of the product. If the Client fails to carry out this inspection or decides to use a non-conforming product, the Client releases PrintPlace BV from any liability for the possible consequences of using this product. The Client may not return products without the express request of PrintPlace BV.

PrintPlace BV reserves the right to withdraw and/or modify (part of) a quotation and/or order confirmation for technical reasons. PrintPlace BV’s liability to the Client for actual and proven damages, regardless of the severity of the defect, will be limited to the price of the product directly related to the reason for the claim. All other liability of PrintPlace BV, such as that for consequential damage, other indirect damage, and damage due to third party liability, is excluded.

Electronic communications are susceptible to data corruption; therefore, PrintPlace BV accepts no responsibility for changes made to such communications after they have been transmitted. It may be inappropriate to rely on information/advice contained in an e-mail without obtaining written confirmation thereof. PrintPlace BV assumes no responsibility for any errors or problems arising from the use of internet communications, and all risks associated with sending commercially sensitive information relating to the Client’s business are the responsibility of the Client. If the Client does not agree to this risk, the Client must notify PrintPlace BV in writing that e-mail is not an acceptable means of communication.

The Client acknowledges that electronic communications, databases, and websites are subject to errors, failures, tampering, and intrusions, or that their use may result in damage to systems or operations. While PrintPlace BV will take reasonable precautions to prevent such events, the Client acknowledges that PrintPlace BV does not guarantee such events will not occur and shall not be liable for them. The Client shall be solely responsible for ensuring that any information or content downloaded from the PrintPlace BV website or any other website accessed from the PrintPlace BV website does not contain a virus or other computer software code or subroutine designed to disable, erase, compromise, or otherwise damage the Client’s systems or software. The Client shall indemnify, defend, and hold PrintPlace BV harmless from any liability, claim, expense, or damage arising from any claims or lawsuits by third parties caused by any such virus, code, or subroutine.

Article 8: Warranty

PrintPlace BV guarantees that the 3D printed model will substantially meet the characteristics of the ordered model within the limitations of current 3D printing technology. Only PrintPlace BV decides on the build orientation of the model. A 3D printed model cannot be rejected because of the chosen build orientation. Due to production reasons (different build orientation, composition of raw materials, etc.), there may be minor visual differences between multiple copies of one model. A substantial deviation means significant differences in size, color, or functionality from the ordered specifications. Minor variations due to production processes are not considered substantial.

PrintPlace BV gives no other warranty than those expressly provided in these Terms and Conditions, to the extent permitted by law. PrintPlace BV hereby expressly disclaims all representations or warranties of any kind, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

Article 9: Intellectual Property

Intellectual Property regarding the Website

PrintPlace BV retains all proprietary and intellectual property rights pertaining to the Website. You may not reverse engineer, disassemble, or decompile the Website.

The PrintPlace BV Website contains names that are trademarks and/or brand names of PrintPlace BV. These trademarks and other brand names of PrintPlace BV may not be used without the written permission of PrintPlace BV. Copyright in the content of the PrintPlace BV website is owned by PrintPlace BV or other third parties. No part of the site may be copied or reproduced for commercial purposes without the express written permission of PrintPlace BV or the identified owner of the information and content.

Intellectual Property regarding the Designs

PrintPlace BV provides an Internet-based service to the Client, who may use it to have products designed and produced. PrintPlace BV contractually prohibits the Client 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 publicity rights, etc.). The Client is solely responsible for the content that the Client uploads on the PrintPlace BV website and/or transmits to PrintPlace BV. By placing an order with PrintPlace BV, you confirm that you own and/or have obtained from a third party the rights necessary to submit this order to PrintPlace BV for production and commercial use without any violation of intellectual property rights. If the design submitted by the Client to PrintPlace BV risks violating the intellectual property rights of third parties, PrintPlace BV reserves the right either not to produce the design or to produce the design without the component that risks violating the rights of third parties. Nevertheless, should the content ordered by the Client be found to infringe and/or violate any law, the Client will defend PrintPlace BV against claims by third parties and the Client will be held liable for all (direct and indirect) damages and costs incurred by PrintPlace BV with respect to such claims.

PrintPlace BV furthermore retains all property rights and intellectual property rights with respect to any design or model commissioned or created by PrintPlace BV. Transfer of these property rights and intellectual property rights is only possible with written consent from PrintPlace BV, against remuneration to be agreed.

Article 10: Confidentiality

PrintPlace BV undertakes not to disclose confidential information, commercial information, or product photos without prior approval of the Client. The Client is informed that confidential information may need to be shared with third parties involved in the production process, under confidentiality agreements.

PrintPlace BV reserves the right to use photos of completed projects for promotional purposes on their website, social media, and other marketing materials unless otherwise agreed with the Client in writing. If the Client objects to the use of project photos publicly, they must notify PrintPlace BV in writing prior to the completion of the project.

Article 11: Customer Service

The Customer Service of PrintPlace BV can be reached via e-mail at business@printplace.be or by mail at Leuvensesteenweg 126, 1830 Machelen. Any complaints can be directed to these contact points. After receipt of your complaint, we will set up an investigation and get back to you within 2-5 business days, depending on the complexity of the issue.

Article 12: Penalties for Non-Payment

Without prejudice to the exercise of other rights available to PrintPlace BV, in the event of non-payment or late payment from the date of the default, the Client will owe an interest of 10% per year on the unpaid amount, automatically and without notice. In addition, the Client will owe a flat-rate compensation of 10% on the amount in question, with a minimum of 25 euros per invoice. This compensation covers administrative costs and other inconveniences associated with the delay. PrintPlace BV reserves the right to waive these penalties under exceptional circumstances.

Article 13: Privacy

The responsible party for processing personal data, PrintPlace BV respects the General Data Protection Regulation and the Belgian Data Protection Act of 30 July 2018. The personal data provided by you will only be used for the following purposes: processing orders, delivering products and services, managing customer relationships, sending promotional offers (if consented to), improving our services, and complying with legal obligations.

You have a legal right to access and correct any personal data. Provided that you can prove your identity (copy of identity card), you can obtain a written notification of your personal data free of charge via a written, dated, and signed request to PrintPlace BV. If necessary, you can also request to correct the data that would be incorrect, incomplete, or irrelevant.

In case of use of data for direct marketing: You can object free of charge to the use of your data for direct marketing. To do this, you can always contact PrintPlace BV at business@printplace.be.

We treat your data as confidential information and will not pass it on, rent it, or sell it to third parties.

The Client is responsible for keeping their login data and password confidential. Your password is stored encrypted, so PrintPlace BV has no access to your password.

PrintPlace BV keeps online (anonymous) visitor statistics to be able to see which pages of the website are visited to what extent.

If you have any questions about this privacy statement, please contact us at business@printplace.be.

Our Privacy Policy can be consulted here.

Article 14: Use of Cookies

PrintPlace BV’s website uses cookies. During a visit to the site, ‘cookies’ may be placed on the hard drive of the Client’s computer. A cookie is a text file that is placed by the server of a website in the browser of the Client’s computer or on the Client’s mobile device when the website is consulted. Cookies cannot be used to identify persons; a cookie can only identify a machine.

The following types of cookies are used: ‘First party cookies’ are technical cookies used by the visited site itself and are intended to make the site function optimally. For example: settings that the user has made during previous visits to the site, or a pre-filled form with data that the user has made during previous visits. ‘Third-party cookies’ are cookies that do not come from the website itself but from third parties, e.g., an existing marketing or advertisement plug-in. For example, cookies from Facebook or Google Analytics. For such cookies, the site visitor must first give permission – this can be done via a bar at the bottom or top of the website, with reference to this policy, which does not, however, prevent further browsing of the website.

The Client can set his/her internet browser in such a way that cookies are not accepted, or that he/she receives a warning when a cookie is installed, or that the cookies are subsequently removed from his/her hard drive. This can be done via the settings of the browser (via the help function). The Client must take into account that certain graphic elements may not appear correctly, or that certain applications will not be able to be used.

By using our website, the Client agrees to our use of cookies.

Article 15: Other Provisions

No Waiver

The failure of PrintPlace BV to enforce any provision of these Terms and Conditions shall not be construed as a waiver or limitation of PrintPlace BV’s right to subsequently enforce and compel strict compliance with every provision of these Terms and Conditions.

Force Majeure

PrintPlace BV shall not be liable for any failure to perform its obligations hereunder if such failure results from any act of God, war, fire, strike, lockout, labor dispute, flood, public disaster, interruption in transportation, act of government, or any other cause beyond the control of PrintPlace BV. In a force majeure event, the affected party must notify the other in writing within 5 business days. Both parties shall then negotiate in good faith to mitigate the impact of the event.

In the event a force majeure situation continues for more than 30 days, either party has the right to terminate the agreement, without liability, by providing written notice to the other party.

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 about the website, please contact us by e-mail at business@printplace.be.

Article 16: Modification of Terms

PrintPlace BV may modify these Terms at any time. The amended Terms will be communicated to the Client and will apply to orders placed after the date of amendment. Continued use of the website following any amendment signifies acceptance of the new Terms.

Article 17: Evidence

The Client accepts that electronic communications and backups shall serve as proof.

Article 18: Applicable Law – Jurisdiction

Applicable Law

These Terms are governed by Belgian law, with the exception of the provisions of international private law on applicable law and with the exception of the Vienna Convention on Contracts for the International Sale of Goods. Unless the Client is a consumer, any disputes shall be subject to the exclusive jurisdiction of the competent courts of the registered office of PrintPlace BV.

Dispute Resolution

Any dispute arising out of or in connection with these Terms shall be resolved through mediation in accordance with the mediation rules of CEPINA. If the dispute is not resolved within 30 days of the commencement of mediation, it shall be settled by arbitration in accordance with the arbitration rules of CEPINA.

Indemnification

The Client agrees to indemnify, defend, and hold PrintPlace BV harmless from any liability, claim, expense, or damage arising from any claims or lawsuits by third parties caused by the Client’s misuse of the products or services, or violation of any intellectual property rights.

Limitation of Liability

PrintPlace BV’s liability for damages shall not exceed the amount paid by the Client for the product that caused the damage. In no event shall PrintPlace BV be liable for any indirect, incidental, special, or consequential damages.

Termination

Either party may terminate this agreement if the other party breaches any material term of this agreement and fails to cure such breach within 30 days after receiving notice of the breach. Upon termination, the Client shall pay for all services rendered and expenses incurred by PrintPlace BV up to the date of termination.

Assignment

Neither party may assign its rights or obligations without prior written consent, except in the case of assignment to an affiliate or as part of a merger or acquisition.