PLEASE READ THESE PURCHASE TERMS CAREFULLY BEFORE MAKING ANY PURCHASE FROM OUR SITE
What’s in these terms?
This document sets out the terms applicable to the purchase of 3D-printable files from our website www.wippit.xyz ( our site ).
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide 3D-printable files to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Click on the links below to go straight to more information on each area:
• Who we are and how to contact us
• There are other terms that may apply to you
• We may make changes to these terms
• Our contract with you
• 3D-printed items
• Your rights to end the contract
• Our rights to end the contract
• If there is a problem with the contract
• Price and payment
• Our responsibility for loss or damage suffered by you
• Other important terms
Who we are and how to contact us.
We are Wippit Limited (“We”). We are a limited company, registered in England and Wales under company number 10954278. Our registered address is 36 Scott’s Road, Bromley, BR1 3QD and our trading address is 4th Floor, Imperial College White City Incubator, 80 Wood Lane, W12 0BZ. Our VAT number is 10954278.
To contact us, please email email@example.com or write to us at the postal address above.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.
There are other terms that may apply to you.
If you download our Wippit Print software, our EULA will also apply.
We may make changes to these terms.
We may amend these terms from time to time. Every time you wish to purchase a 3D-printable file from our site, please check these terms to ensure you understand the purchase terms that apply at that time.
Our contract with you.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we are unable to accept your order, we will inform you of this and will not charge you for the 3D-printable file. This might be because we have identified an error in the price or description of the 3D-printable file.
We will make the 3D-printable file available for streaming to your printer by you as soon as we accept your order. You should stream the 3D-printable file within 28 days of our acceptance of your order – where 3-D printable files are made available by third parties on our platform, those third parties may elect to withdraw such files and we cannot therefore guarantee that those files will be available for streaming for longer than 28 days after our acceptance of your order.
If your stream of the 3D-printable file is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any 3D-printable file you have paid for but not been able to stream.
The images of 3D-printed items on our site are for illustrative purposes only. The items printed by you using the 3D-printable files you purchase on our site may differ from those images. For example, the scale, colour and resolution of the items printed by you will depend on a variety of factors outside our control including, for example, your selected 3D printer, and type and brand of filament.
Your Rights to End the Contract.
Ending the contract because of something we have done or are going to do . If you are ending the contract between us for a reason set out at (a) to (c) below, the contract will end immediately and we will refund you in full for any 3D-printable files which have not been provided. The reasons are:
(a) we have told you about an error in the price or description of the 3D-printable file you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the 3D-printable file may be significantly delayed because of events outside our control;
Exercising your right to change your mind (Consumer Contracts Regulations 2013) . For most products bought online you have a legal right to change your mind within 14 days and receive a refund. However, this does not apply after you have streamed a 3D-printable file.
If you wish to stream or otherwise access a 3D-printable file during that 14 day period, we will ask for your consent and acknowledgment that you will not be able to change your mind after you have started the streaming process. If you agree to this, you will not have a right to change your mind.
(a) Email. Email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form [https://www.wippit.xyz/home/contactus] on our website.
(c) By post . Print off the form [https://www.wippit.xyz/home/contactus] and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
When your refund will be made . We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then, your refund will be made within 14 days of your telling us you have changed your mind.
When we consider that a breach of these Purchase Terms has occurred, we may take such action as we deem appropriate including, without limitation to terminate the contract between us.
How to tell us about problems . If you have any questions or complaints about a 3D-printable file, please contact us. You can write to us at email@example.com.
Summary of your legal rights . We are under a legal duty to supply 3D-printable files that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the 3D-printable files. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
a) 3D-printable files are digital content. The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
b) If your digital content is faulty, you’re entitled to a repair or a replacement.
c) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
d) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
See also ‘Exercising your right to change your mind’ above.
Where to find the price for the 3D-printaable file . The price of the 3D-printable files (which includes VAT) will be the price indicated on the product pages of our site when you placed your order. We take all reasonable care to ensure that the price of the 3D-printable file advised to you is correct. However please see below for what happens if we discover an error in the price of the 3D-printable file you order.
We will pass on changes in the rate of VAT . If the rate of VAT changes between your order date and the date we supply the 3D-printable file, we will adjust the rate of VAT that you pay, unless you have already paid for the 3D-printable file in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong . It is always possible that, despite our best efforts, some of the 3D-printable files we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the 3D-printable file’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the 3D-printable file’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and prevent streaming or require return of the 3D-printable file.
When you must pay and how you must pay . You must pay for the 3D-printable files before you stream them. We use PayPal to process payments on our behalf. Please note that PayPal has its own terms which apply to the payment services it provides. Please read PayPal’s terms to ensure you agree to them before making any payment through our site.
Whether you are a consumer or a business user :
• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability may apply to your use of the Wippit Print software, which will be set out in our EULA.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time a contract was formed between us pursuant to these terms, both we and you knew it might happen.
When we are liable for damage to your property. If we fail to exercise reasonable care and skill and defective digital content that we have supplied damages a device or digital content belonging to you, we will (at our option) either repair the damage or pay you appropriate compensation in accordance with applicable consumer law.
Defective digital content. If defective digital content which we have supplied (including any 3D-printable file) damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for 3D-printed items. To the maximum extent permissible under applicable law, we disclaim any and all liability for the use, operation, functionality and performance of any and all 3D-printed items printed using any 3D-printable files.
We are not liable for business losses. We only supply 3D-printable files for domestic and private use. If you use 3D-printable files for any commercial, business or resale purpose we will have no liability to you as set out in the section “If you are a business user” below.
Exclusion. Other than any consumer law right to which you are entitled, all conditions, warranties and other terms not set out in these terms are excluded.
If you are a business user:
Exclusion. As noted above, we make 3D-printable files available for personal purposes only. If you are using 3D-printable files in breach of this restriction, then subject to the section above titled “Whether you are a business or consumer user”, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, whether direct, indirect, consequential, special or otherwise arising under or in connection with these terms, including use of, or inability to use, any 3D-printable file. Without limitation to the foregoing, we will not be liable for loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation. We exclude all implied conditions, warranties, representations or other terms that may apply to our site.
Nobody else has any rights under this contract . This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force . Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later . If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which country’s laws apply to any disputes.
If you are a consumer, these Purchase Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Purchase Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Wippit Limited
4th Floor, Imperial College White City Incubator, 80 Wood Lane, W12 0BZ
I hereby give notice that I cancel my contract of sale of the following goods [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.