Terms & Conditions

Thank you for buying from Solidoodle.com!  By using our online store, you are deemed to have read and agreed to the following terms and conditions which govern your use of the Solidoodle.com store and purchase of products or services therefrom (“Terms & Conditions”).  As used below, “We,” “Us,” “the Company,” and “Solidoodle” refer to Solidoodle, LLC, and “You” and “Customer” refer to you, the person purchasing products from Solidoodle.com and accepting these Terms & Conditions.

 

1. Ordering

When You place an order through Solidoodle.com, you are deemed to have made an offer to purchase products or services from Solidoodle.  Solidoodle is deemed to have accepted that offer only when it has placed the ordered product into the custody of a carrier for shipment to You, and not before.  Solidoodle’s acceptance of any order is conditioned on Your acceptance of these Terms & Conditions.  Your acceptance of delivery or payment for such products constitutes your acceptance thereof.  These Terms & Conditions are the entire agreement between You and Solidoodle concerning the sale of such products, and they govern such sale exclusively and to the exclusion of any additional proposed terms or conditions that You may have communicated to Solidoodle or which You may suggest apply due to course of dealing, course of performance, or usage in trade.

 

2. Invoices

When You place an order through Solidoodle.com, you may be sent an acknowledgment that the order has been placed, but it does not constitute Solidoodle’s acceptance of that order, which will occur only as provided in paragraph 1 above.

 

3. Products and Price Changes

Solidoodle reserves the right to discontinue production or change the configuration of any product at anytime without notice.  Such discontinuations or reconfigurations will have no affect on any order placed by You before such discontinuation or reconfiguration.  Solidoodle also reserves the right to change the prices of its products and services at any time and without notice.

 

4. Pricing

The prices listed on Solidoodle.com are EXW Soldoodle’s place of manufacture or distribution and do not include standard service, handling, processing, and shipping costs, which You must pay to receive your product.  Upon Solidoodle’s delivery of the product to the shipping carrier, You will be exclusively liable for all costs of shipping, delivery, insurance and the like.  All orders must be paid in full prior to Solidoodle’s delivery to the shipping carrier, and Solidoodle reserves the right to delay or cancel shipment until payment is made in full.  You may not withhold any amount due to any alleged damage or loss allegedly caused by Solidoodle.  Prices also do not reflect any tax or other charge on the sale or shipment of products, which You will be solely responsible for paying to Solidoodle upon demand.

 

5. Shipping

Title to all products purchased from Solidoodle.com shall pass to You upon Solidoodle’s delivery to the shipping carrier and all risk of loss or damage is thereafter borne by You unless otherwise provided for herein or under Solidoodle’s Limited Warranty or SoliCare.  Solidoodle will attempt to deliver the products within whatever period was stated on Solidoodle.com when ordered, but Solidoodle is not responsible or liable for any delay or failure of delivery.  Solidoodle may deliver multiple products ordered together in separate shipments and may use whatever methods of transport and carriers it deems appropriate.  If a given product is not available or available in limited quantities, Solidoodle may allocate its supply to fill orders in whatever manner it deems appropriate.  Solidoodle will not be responsible or liable for any delay or failure of delivery due to any cause beyond Solidoodle’s reasonable control which prevents or impairs Solidoodle’s shipment or delivery of any order, including war, fire, flood, natural disaster, war, strike, labor dispute, government action, civil disturbance, accident, other Act of God, or inability to obtain materials, labor, equipment, facilities, or transportation.  In the case of such an event, Solidoodle will have the right, without liability for breach, to terminate all or part of any order or reschedule delivery within a reasonable time, at its discretion.  If for any reason Solidoodle cannot ship a product you ordered, Solidoodle will cancel the order and refund your purchase price in full.

 

6. Support

We are here for you!  We want your Solidoodle 3D printing experience to be as fun and easy as possible.  If you encounter an issue, we are here to help you as long as you own your printer.  If you are experiencing an issue with your printer, go to Support.Solidoodle.com to consult the Solidoodle Best Practice and contact the Solidoodle Support Team if needed.

 

7. Limited Warranty

All Solidoodle 3D printers and parts sold to customers in the United States are covered by the Solidoodle Limited Warranty.  Please go to Support.Solidoodle.com for details and to learn about extending your protections with the SoliCare Protection Plan.

 

8. Refunds

You must carefully examine all deliveries within five (5) days of receipt and notify Solidoodle of any alleged observable error, shortage, defect, or nonconformity of any product therein.  If You fail to examine and make such a report within five (5) days of receipt, You will be deemed to have waived any claim or right against Solidoodle with respect thereto.  Any claim regarding loss or damage in transit shall be made against the carrier.  You may return your Solidoodle printer within thirty (30) days of shipping, subject to a 10% restocking fee unless the Solidoodle Support Team has determined that the printer was defective. If you believe your printer is defective, contact the Solidoodle Support team at support.solidoodle.com within thirty (30) days of shipping to obtain a Return Merchandise Authorization (“RMA”) form.  Printers returned without an RMA will be automatically subject to a 10% restocking fee.  Original shipping costs are not refundable.

You may return unopened, unused filament and spare parts within thirty (30) days of shipping, subject to a 10% restocking fee.

When returning a product, You must include all parts and manuals in the original packaging and ship it at your cost to Solidoodle.  The cost of any missing parts and/or damage caused by improper shipping will be deducted from any refund.

No other products purchased through Solidoodle.com, including the SoliCare Protection Plan, opened or used filament, installed replacement parts, the Solidoodle Sample Pack, or Solidoodle T-shirts, may be returned for a refund.

9. Software License

You acknowledge that Software included on Solidoodle 3D printers or provided for download from Solidoodle.com, including but not limited to the program code, source code, and documentation (“Software”), is subject to additional terms and conditions that accompany such software (“Software Agreements”), and that your use of such Software is subject the terms of those Software Agreements.  All rights not expressly granted therein are reserved.

 

10. Restricted Use

You agree that you will not, directly or indirectly, (i) reverse engineer any Solidoodle 3D printer or parts, (ii) change, obscure, or delete any patent, copyright or other notices concerning proprietary or intellectual property which appears on a Solidoodle 3D printer, (iii) operate or use the Solidoodle 3D printer in violation of any applicable laws or regulations, (iv) act or permit others to act in any way that could impair the rights, image, or reputation of Solidoodle, its products, services, intellectual property, or other assets, or (v) rent, lease, sell, transfer, assign, or sublicense any rights granted to you by Solidoodle unless done in connection with the rental, lease, sale, or transfer of your Solidoodle 3D printer, in which case You will ensure that any third party to which you rent, lease, sell, or transfer agrees to comply with these Terms & Conditions and any applicable Software Agreements or other agreements between You and Solidoodle.

 

11.  Indemnification

Solidoodle will assume responsibility for any suit or claim brought against You alleging that any Solidoodle product infringes upon a third party’s registered copyright, trademark or patent so long as You (i) provide immediate written notice of such claim to Solidoodle and take no actions and make no statements to the public or any third party before providing such notice, (ii) give Solidoodle sole authority to investigate, defend, or settle the claim, and (iii) provide Solidoodle with any assistance it may require to investigate, prepare, defend and settle the claim, the reasonable costs of which Solidoodle will reimburse. This is Your entire remedy, and Solidoodle’s entire liability, subject to the limitations on liability below, for any such claim, and controls over any other conflicting or inconsistent provision.  You may not incur any cost concerning such claim, or make any admission or enter any agreement concerning such claim, without the prior written consent of Solidoodle.  Solidoodle will have no liability or obligation for any claim based on: (a) any use or result of the use of any Solidoodle product; (b) any use of a Solidoodle product contrary to the Best Practices; (c) any use of a Solidoodle product with any unauthorized filaments, equipment, software, or other equipment or devices not provided or authorized by Solidoodle; or (d) any continued use after You have received a notice of claim (“Excluded Claims.”)

You will defend, indemnify, and hold harmless Solidoodle and its affiliates, and their employees, officers, and directors, against any claim arising out of or relating to any Excluded Claims as long as You do not settle or enter into any agreement concerning Solidoodle’s rights or interests without Solidoodle’s prior written consent, and if You do not diligently defend against such claim, Solidoodle will be entitled to hire its own legal counsel and control its defense at Your sole cost and expense.

12. Limitations on Liability

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT SHALL SOLIDOODLE OR ITS AFFILIATES, MANUFACTURERS, SUPPLIERS OR LICENSORS (AS THIRD PARTY BENEFICIARIES) BE LIABLE FOR DIRECT DAMAGES OR OTHER LOSSES OR LIABILITIES DIRECTLY RELATING TO SOLIDOODLE’ S PRODUCTS OR OTHERWISE ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THE USE OF SOLIDOODLE’S PRODUCTS, TO THE EXTENT SUCH DIRECT DAMAGES OR LOSSES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SPECIFIC SOLIDOODLE PRODUCT(S) THAT ALLEGEDLY GAVE RISE TO THE DAMAGES OR OTHER LOSSES OR LIABILITIES CLAIMED, REGARDLESS OF THE CAUSE OF ACTION OR VENUE, WHETHER BASED IN CONTRACT, EXPRESS OR IMPLIED WARRANTY, TORT, PRODUCT OR OTHER STRICT LIABILITY, TRADE PRACTICES, OR OTHERWISE, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL SOLIDOODLE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION OR PRODUCTION OF SOLIDOODLE’S PRODUCTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF THE USE, OR THE RESULTS OF USING, SOLIDOODLE’S PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THESE LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.  YOU SHOULD REFER TO LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

13. Solidoodle's Marks

Nothing in this agreement grants You explicitly, implicitly, by estoppel, or otherwise, any license or right to use any of Solidoodle’s Marks without Solidoodle’s written permission.  Use of Solidoodle’s Marks is governed by Solidoodle’s Trademark Guidelines at Support.Solidoodle.com, which You hereby accept and which form a part of these Terms & Conditions.

 

14. Export

You shall comply with all applicable laws, rules and regulations governing Your use of Solidoodle’s products, comply with all applicable foreign trade/export restrictions or similar rules, and not transfer, export or re-export any Solidoodle product except in full compliance with all applicable export controls administered by the United States.

 

15. Miscellaneous

Except as expressly provided herein, these Terms & Conditions may not be modified, terminated, or repudiated, in whole or in part, except in writing executed by Solidoodle.  No waiver of the performance or breach of any provision hereof by Solidoodle will be effective unless in writing and executed by an authorized officer of Solidoodle and, in such case, will  constitute a waiver of only that specific performance and not of any subsequent performance or breach of the same or any other provision.  If these Terms & Conditions are held to be invalid or unenforceable in part, the unaffected provisions shall remain valid and enforceable.  These Terms & Conditions shall be construed and interpreted in accordance with the laws of the State of New York without regard to its choice-of-law principles. Any action arising out of or relating to these Terms & Conditions may be brought only in the courts of the State of New York or the United States District Court for the Southern or Eastern Districts of New York.