Terms of Service
1. General & Use of Services
These Terms of Service (“Terms”) govern your access to and use of the website, services, and related offerings of Henley Print 3D Ltd (the “Company”). By using our services, you confirm your acceptance of and agreement to be bound by these Terms.
- Customer Confirmation: You represent and warrant that you own or have the necessary rights and permissions to use any designs, models, or intellectual property you submit to us. You further confirm that your use of our services and the submitted materials complies with all applicable laws, including intellectual property and safety regulations.
- Prohibited Designs: You agree not to submit any designs or models that are illegal, offensive, defamatory, or that infringe upon the intellectual property or other rights of any third party. The Company reserves the right to determine what constitutes a prohibited design at its sole discretion.
- Right to Refuse: The Company reserves the right to refuse any order, for any reason, at its sole discretion, and is not obligated to provide a reason for such refusal.
2. Ordering, Payment, and Order Management
- Order Acceptance: An order for services or products is only considered accepted and confirmed upon written agreement from the Company. Until such written confirmation is provided, all pricing and order details are subject to change without notice.
- No Modifications: Once an order has been confirmed in writing, it cannot be modified or canceled unless the Company provides explicit written agreement.
- Pricing: Prices for products and services are subject to change at any time. However, the price for a specific order will be honored once the order is confirmed in writing. The final price is exclusive of Value Added Tax (VAT), which will be charged to the customer as applicable.
- Payment: Full payment for an order is required before production begins, unless alternative payment terms have been explicitly agreed to in a separate written agreement. The Company will not commence production until cleared funds have been received for the relevant stage of the production process. If a customer fails to pay on time, the Company may suspend production and charge interest on the overdue amount.
3. Turnaround and Delivery
- Estimated Timelines: All turnaround and delivery times provided by the Company are estimates for guidance only and are not guaranteed. The Company shall not be liable for any failure or delay in delivering the products to the extent that such failure or delay is caused by circumstances beyond its reasonable control.
- Risk Transfer: The risk of loss or damage to the products passes to you upon delivery. For orders dispatched via a third-party courier, delivery is considered complete and risk is transferred to you upon dispatch.
- Delivery Liability: The Company is not liable for any delays or issues that arise from the services of a third-party courier.
4. Product Quality, Liability, and Suitability
- Custom Prints: You acknowledge that minor imperfections, variations in color, and surface textures are inherent to the additive manufacturing (3D printing) process. Products with such imperfections are generally considered satisfactory and will not be considered defective.
- Quality Warranty: The Company warrants that the products supplied will conform to the provided specification in all material respects and be of satisfactory quality, as defined by the Sale of Goods Act 1979.
- Defects: If a defect is found to be due to an error on the part of the Company, the Company will, at its sole discretion, assess the defect and may choose to repair, replace, or refund the affected products.
- Fitness for Purpose: The Company provides no guarantee or warranty that the products will be fit for any specific purpose or use, unless such a guarantee is explicitly agreed to in writing.
- Exclusion of Liability: The Company is not liable for defects or damages caused by fair wear and tear, willful damage, negligence, abnormal storage or working conditions, or the customer’s failure to follow any instructions provided for the storage, use, or maintenance of the products.
- Legal Exclusion: To the fullest extent permitted by law, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded from this agreement.
5. CAD Design and Advisory Services
- Advisory Nature: Any CAD design, engineering advice, or other technical input provided by the Company is for advisory purposes and guidance only. It is the sole responsibility of the customer to review, verify, and approve all designs and advice before proceeding to production.
- Customer Responsibility: You are solely responsible for ensuring that the final design, specifications, and materials are suitable for your intended use and comply with all relevant safety standards and regulations.
- Exclusion for Critical Use: The Company’s designs and advice are not to be used for any safety-critical, medical, aerospace, or other high-risk applications where failure could result in injury, death, or significant property damage.
6. Limitation of Liability and Indemnities
- Company Liability Cap: The Company’s total liability to you for all claims arising out of or in connection with an order shall not exceed the total value of that order.
- Exclusion of Consequential Damages: The Company shall not be liable for any indirect, incidental, special, or consequential damages, including, but not limited to, loss of profit, goodwill, business, or data.
- Customer Indemnities: You agree to indemnify the Company against all liabilities, costs, expenses, and losses arising from:
- Any third-party claim of intellectual property infringement arising from designs, specifications, or materials you provide to us.
- Any claim related to the suitability of materials specified by you.
- Any claim regarding the strength, suitability, or fitness for purpose of the final products for your intended use.
7. Intellectual Property
- Customer IP: You retain all ownership of your designs, models, and other intellectual property you submit to us.
- Company License: By submitting a design, you grant the Company a non-exclusive, royalty-free license to use your intellectual property solely for the purpose of fulfilling your order. This license also allows the Company to grant sub-licenses to permitted subcontractors for the same purpose.
- Company IP: The Company retains all ownership of its own intellectual property rights, including any proprietary designs, processes, and tooling used in the manufacturing process.
8. Title and Risk
- Risk Transfer: The risk of loss or damage to the products transfers to you upon delivery.
- Title Transfer: Title to the products remains with the Company until full payment has been received in cleared funds.
9. Governing Law and Jurisdiction
- Governing Law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of England and Wales.
- Jurisdiction: Any dispute or claim arising from these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.
10. General Provisions
- Force Majeure: The Company will not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to, natural disasters, pandemics, government actions, or material shortages.
- Privacy and Data: We are committed to protecting your privacy. Our collection and use of your data are governed by our separate Privacy Policy, which is available on our website.
- Changes to Terms: The Company may update these Terms from time to time. We will communicate material changes on our website or via email. Your continued use of our services following any changes constitutes your acceptance of the updated Terms.