These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 23 February 2015.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website retouch3d.com and www.retouch3d.com. We are 3D 2.0 Inc, a company registered in Pennsylvania with our registered office at 4933 Butler Street, Unit 2, Pittsburgh, PA, US. Our main trading address is at the same address.
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to submit your request to firstname.lastname@example.org. If you use this method we will e-mail you to confirm we have received your cancellation. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at email@example.com.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business:
You may contact us by e-mailing us at firstname.lastname@example.org or by post to 3D 2.0 Inc at 4933 Butler Street, Unit 2, Pittsburgh, PA 15201, US. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 18.3.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflect the color of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
2.3 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order until the Product becomes available, except in the case of Products shown on our site as under development/production and not yet in stock but available for pre-order (Pre-Ordered Products).
2.4 The images of Pre-Ordered Products on our site are for illustrative purposes only and their design and color may vary during the course of development. We take all reasonable care to give you notice of any variations by updating the images on our site regularly.
3. USE OF OUR SITE
4. HOW WE USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A CONSUMER
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described.
6. IF YOU ARE A BUSINESS CUSTOMER
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 For the steps you need to take to place on order on our site, please see our Retouch3D web-shop.
7.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause.
7.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation) (except in the case of Pre-Ordered Products, when clause 7.5 will apply). The Contract between us will only be formed when we send you the Dispatch Confirmation. The Dispatch Confirmation will include an estimated delivery date (Estimated Delivery Date) (which will be within thirty (30) days after the date of the Dispatch Confirmation.
7.5 In the case of Pre-Ordered Products, we will confirm our acceptance to you by sending you an e-mail confirming that they will be dispatched when in stock (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation. Our estimated delivery date will be as shown on our site at the time of your order (Estimated Delivery Date) and included in your Dispatch Confirmation.
7.6 If we are unable to supply you with a Product for any reason, for example because that Product is no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products or have paid any deposit, we will refund you the full amount you have paid as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
8.2 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you; or
(b) changes in relevant laws and regulatory requirements.
8.3 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause applies only to Products which are not Pre-Ordered Products.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of any products made to your specification or clearly personalized.
9.3 You may cancel a Contract from the date you receive the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Once the Products have been delivered to you, you have a period of 14 (fourteen) days in which you may cancel, starting from the day you receive the Products. For example, if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
9.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to email us at email@example.com. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
9.5 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop;
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option;
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.8;
(ii) if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.
9.6 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7 We refund you on the credit card or debit card used by you to pay.
9.8 If the Products were delivered to you before you decide to cancel your Contract:
(a) you must return the Products to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Contact firstname.lastname@example.org to receive our return address.
(b) unless the Products are faulty or not as described (in which case, see clause 9.6), you will be responsible for the cost of returning the Products to us.
9.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10.1 This clause applies only to Products which are not Pre-Ordered Products. Your order will be fulfilled by the Estimated Delivery Date. Occasionally our delivery to you may be affected by an Event Outside Our Control. Please see clause 17 for our responsibilities if this happens. In any other case, if we miss the Estimated Delivery Date for your Products then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery by the Estimated Delivery Date was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery by the Estimated Delivery Date was essential.
If you do not wish to cancel your order straight away, or do not have the right to do so under this clause 10.1, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
If you do choose to cancel your order under this clause 10.1, you can do so for just some of the Products or all of them. If the Products have been delivered to you, you will have to return them to us, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
10.2 This clause applies only to Pre-Ordered Products. Occasionally our delivery to you may be affected by an Event Outside Our Control. Please see clause 17 for our responsibilities if this happens. In any other case, if we are unable to fullfil your order within fourteen (14) days of the Estimated Delivery Date, we will inform you of this by e-mail with a revised estimated delivery date (Revised Estimated Delivery Date). We will continue to process your order with the Revised Estimated Delivery Date unless you notify us that you do not wish to proceed with your order, by contacting us at email@example.com. If you do notify us that you do not wish to proceed, and you have already paid for the Products or have paid any deposit, we will refund you the full amount you have paid as soon as possible. If we miss an Estimated Delivery Date or a Revised Estimated Delivery Date then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery by the Revised Estimated Delivery Date was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery by the Estimated Delivery Date was essential, or you told us when we informed you of a Revised Delivery Date that the Revised Delivery date was essential.
If you do not wish to cancel your order straight away, or do not have the right to do so under this clause 10.2, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
If you do choose to cancel your order under this clause 10.2, you can do so for just some of the Products or all of them. If the Products have been delivered to you, you will have to return them to us, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
10.3 Delivery will be completed when we deliver the Products to the address you gave us.
10.4 The Products will be your responsibility from the completion of delivery.
10.5 You own the Products once we have received payment in full, including all applicable delivery charges, and delivered the Products to you.
11. INTERNATIONAL DELIVERY
11.1 If you order Products from our site for delivery to a destination outside the US, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
11.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
11.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Products you ordered, please see clause 12.5 for what happens in this event.
12.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
12.3 The price of a Product does not include delivery charges. Our delivery charges are advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.
12.4 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
13. HOW TO PAY
13.1 You can only pay for Products using a debit card or credit card. We accept the cards listed on our Retouch3D web-shop.
13.2 Payment for the Products and all applicable delivery charges is in advance.
14. OUR WARRANTY FOR THE PRODUCTS
14.1 We provide a limited warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects and conform in all material respects with their Product Description as described in the Retouch3D website. However, this warranty does not apply in the circumstances described in clause 14.2.
14.2 The warranty in clause 14.2 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not authorised by us; or
(e) any specification provided by you.
14.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described.
15. OUR LIABILITY IF YOU ARE A BUSINESS
15.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
15.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
15.3 Subject to clause 17.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
15.4 Subject to clause 17.2 and clause 17.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products and any delivery charges paid by you.
15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16. OUR LIABILITY IF YOU ARE A CONSUMER
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
16.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than thirty (30) days. To cancel, please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
18. COMMUNICATIONS BETWEEN US18.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
18.3 If you are a business, any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail. Any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19. OTHER IMPORTANT TERMS
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 14 to the recipient of the gift without needing to ask our consent.
19.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 14, but we and you will not need their consent to cancel or make any changes to these Terms.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.