Terms of service - FELIXprinters

Terms of Service

This site is operated by FELIXrobotics BV.

We are registered at the Netherlands Chamber of Commerce under KVK number 57141061 and with our registered office:

Zeemanlaan 15
3401MV IJsselstein
Netherlands

This is also our main trading address.

You may contact us at the above mentioned address and through the following means: Phone number: +31(0)303031387 Email address: info@felixprinters.com.

Our VAT number is NL852454600B01

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/odr/ We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body.

1. Scope

A) These Terms and Conditions shall apply to all purchases submitted or to be submitted by you for any item, service or subscription offered to you on or via the FELIXprinters web-site, a FELIXprinters device or other FELIXprinters application (referred to in these Terms and Conditions as the “Products”), including, but not limited to, (i) hardware devices, accompanying items and accessories including devices, items or accessories containing pre-installed software (“Hardware”), (ii) FELIXprinters software, including content and content programs offered by FELIXprinters and all Internet-based downloadable (“Software”) and (iii) services offered by FELIXprinters from time to time (“Services”), which may include (separately or bundled) Internet-based services, (third party) functionality or content, whether offered to you on a subscription basis (“Subscription”) or on a pre-paid basis and delivered in one or more parts.

2. Orders

A) Any purchase order submitted is subject to acceptance by FELIXprinters. Only upon acceptance by FELIXprinters by way of an order confirmation is the agreement concluded.
B) FELIXprinters reserves the right to reject any orders in full or in part or to apply a maximum order amount.
C) All orders for Hardware are subject to stock availability.

3. Price and payment

A) Prices indicated on the website are exclusive of state and local sales and use taxes. You are responsible for any such state and local sales and use taxes, and any other taxes and government levies, if any, associated with your order. Shipping and handling charges (if any) will apply in addition to the sale price indicated on the website and the applicable sales and use taxes. Prices are subject to change at any time but will not affect orders for Hardware, Software, or Services made prior to the date of the change (subject to clause 7c).
B) All orders must be paid for through the payment service as made available by FELIXprinters (“Payment Service”). In order to submit orders and use the Payment Service you must supply details of your preferred payment method, billing and shipping address (if applicable) and/or any other details necessary to complete the order.

4. Delivery and risk of loss

A) FELIXprinters will endeavor to deliver or activate the Product within thirty (30) days of order acceptance. If multiple Products are ordered, FELIXprinters reserves the right to deliver or activate each Product separately.

B) Products will be delivered either to your delivery address or possession, or electronically. The risk of loss or damage to the Products will pass to you at the moment the Products are delivered to your delivery address or possession.

C) If you refuse or neglect to take delivery of the Products, FELIXprinters reserves the right to charge you for the reasonable cost of storing and shipping the Products until delivery can be made.

D) If delivery to you should fail for any reason outside of FELIXprinters’s control, FELIXprinters reserves the right to cancel the purchase agreement and refund any moneys paid.

E) If FELIXprinters delivers a Product or an amount of a Product that you did not order or activates a Product on your device by mistake, you shall immediately inform FELIXprinters of its mistake by email via info@FELIXprinters.com and you shall, at FELIXprinters’s request, immediately arrange for the return of the Product (the costs of which shall be met by FELIXprinters), de-install or destruct the Product.

F) Acceptance of a non-ordered Product or amount of a Product does not relieve you from acceptance and payment of the Product you initially ordered, unless otherwise agreed with FELIXprinters.

5. Right to Cancel

Right to cancel

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire,or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right to cancel, you must inform us (FELIXrobotics BV,  Zeemanlaan 15, 3401MV IJsselstein, The Netherlands, info@felixprinters.com, phone number: + 31 30 303 1387 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).  To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than –

(a) 14 days after the day we receive back from you any goods supplied, or

(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or

(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Before you return a printer for maintenance, repair or an upgrade you are required to submit a ticket at support and filling out the RMA form. Unauthorized returns will be rejected without express written approval from FELIXprinters.

6. License, Copyright & Confidentiality

A) Subject to these Terms and Conditions, you are granted a license to reproduce in order to install and execute the Software, Services and/or the data, information, functionality or other content (“Content”) provided to you as part of the Hardware or via for personal and private use only on the terms set out in this article 6 (“License”). You may install and use the Software, Services and Content on only one computer device at any time and in combination with only one Product. You may not provide the Software, Services or Content to others, directly or indirectly for their or anyone else’s use. This License is non-exclusive and non-transferable which means that FELIXprinters is free to license the Software, Services and Content to other customers and that your right to use the Software, Services and Content cannot be transferred by you to someone else or to another piece of Hardware. This License does not include any right to obtain future upgrades, updates or supplements to the Software, Services or Content. If upgrades, updates or supplements to the Software, Services or Content are obtained, however, the use of such upgrades, updates or supplements will be governed by these Terms and Conditions or such other terms and conditions as you shall be asked to accept prior to FELIXprinters supplying you with the relevant upgrade, update or supplement.

B) Felixprinters reserves the right, with or without notice, to discontinue update, upgrade and supplement services provided to you or made available to you through the use of the software, services or content, unless the provision of such updates, upgrades or supplements forms an integral part of the product, as indicated by felixprinters at the time of sale.

C) Without prejudice to any other rights, felixprinters may immediately terminate the license without notice of default being required if you fail to comply with any material term of these terms and conditions which shall be understood to include clauses 6 and 9. in such event, you must destroy all copies of the software and all of its component parts as well as any content.

D) Copyright and other intellectual, industrial and/or proprietary rights to the software, to the content, the services and to any copies made of it are owned by felixprinters and/or its suppliers. felixprinters permits you to use the software, services and content only in accordance with these terms and conditions. all rights not specifically granted in these terms and
conditions are reserved by felixprinters. you may either (a) make one copy of the software solely for backup or archival purposes, or (b) transfer the software to a single medium provided the original is kept solely for backup or archival purposes. product manual(s) or written materials may not be copied, except for your own use. you may not copy, download, upload or in any other way reproduce content, except for creating one copy solely for backup or archival purposes. you do not acquire ownership of the software or content.

E) You acknowledge and agree that the products were developed at considerable time and expense by felixprinters and are confidential to, and a trade secret of, felixprinters and/or other third parties. you undertake to maintain the products in strict confidence and not to disclose or provide access to the product to any third party.

7. Third Party Software Materials

Felixprinters products may make use of third party software codes, data, information functionality, other content and algorithms (“third party materials”). the use of third party materials included in the products may be subject to other terms and conditions. the official copyright notices and specific license conditions of these third party materials are to be found in or via our website. you hereby agree that the submission of any order implies that you have read and accepted the terms and conditions for any third party materials included in the products ordered.

8. Other Restrictions

Renting, lending, public presentation, performance or broadcasting or any other kind of distribution of the products is prohibited. other than as permitted by applicable legislation, you will not, and will not allow any person to, modify the products or any part thereof, to analyze it by means of reverse engineering, to decompile or disassemble the products, or to break or circumvent encryption or to allow or enable third parties to do so.

9. Limited Warranty

A) Felixprinters does not and cannot warrant that the products operate in a manner that is completely error-free nor that any information provided is always accurate. calculation errors may occur when using systems such as those caused by local environmental conditions and/or incomplete or incorrect data.

B) Felixprinters offers a limited warranty that the hardware will be free from defects in workmanship and materials under normal use (“defects”) for a period of one (1) year from the date the hardware was purchased (“warranty period”). any warranty obligation of felixprinters under this section is expressly conditioned on your compliance with this agreement. during the warranty period, the hardware will be repaired or replaced by felixprinters (“limited warranty”) without charge for either parts or labor. if the hardware is repaired after the warranty period has expired, the warranty period for the repair will expire six (6) months after the date of repair. this warranty does not cover software or services.

C) This limited warra-nty does not cover damage caused by normal wear and tear or as a result of the hardware being opened or repaired by someone not authorized by felixprinters, and does not cover damage caused by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, non-compliance with the instructions supplied with the hardware, neglect or misapplication. the limited warranty does not cover physical damage to the surface of the hardware.

D) Except for this limited warranty, and to the maximum extent permitted by applicable law, felixprinters and its suppliers provide the products “as is and with all faults”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, non-infringement, quiet enjoyment, system integration, title, satisfactory quality, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of reasonable care and skill, all with regard to the products; as well as the provision of or failure to provide support or other services, information, software, and related content through the products or otherwise arising out of the use of the products. also, there is no warranty or condition of quiet enjoyment, quiet possession, or non-infringement with regard to the products.

E) In order to make a claim under the limited warranty of a defect, you must contact felixprinters by email during the warranty period via to explain the defect and to obtain a return materials authorization number if necessary. the hardware must be returned to felixprinters as soon as possible following your notification of the defect, along with an explanation of the defect, to the address provided by felixprinters. you must comply with any other return procedures stipulated by felixprinters, if any.

F) This limited warranty is the only express warranty made to you and is provided in place of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.

G) If applicable law requires any implied warranties with respect to the hardware, all such warranties are limited in duration to one (1) years. some states and/or jurisdictions do not allow limitations on how long an implied warranty lasts, so the above may not apply to you. the provisions of this clause 9 do not affect any of your legal rights under applicable national legislation governing the sale of consumer goods.

H) This limited warranty is not transferable.

I) This clause 9 sets forth your sole and exclusive remedy in connection with any warranties granted by felixprinters hereunder.

10. Limitation of Liability

A) Neither felixprinters nor its suppliers shall be liable to you or to any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages (including in each case, but not limited to, damages for the inability to use or access the products, loss of data, loss of business, loss of profits, business interruption or the like) arising out of the use of or inability to use the products, even if felixprinters has been advised of the possibility of such damages.

B) Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of felixprinters and any of its suppliers arising from or related to the use of the products shall be limited to the amount actually paid by you for the products concerned.

C) Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. the above limitation of liability does not affect any legal rights under the applicable national legislation.

11. Export Controls

You will comply with all applicable laws and regulations, including without limitation the dutch administration act, regarding the export of technology with respect to the products.

12. Force Majeure

Force majeure means circumstances that impede the fulfillment of felixprinters’s obligations under these terms and conditions which are not within felixprinters’s reasonable control, including late and/or delayed deliveries and incomplete deliveries by felixprinters caused by circumstances beyond felixprinters’s reasonable control. in a force majeure situation all of felixprinters’s obligations shall be suspended. should the period in which felixprinters cannot fulfill its obligations as a result of force majeure continue for longer than ninety (90) calendar days, both parties shall be entitled to dissolve the purchase agreement in writing without there being an obligation to pay any compensation whatsoever arising out of or in connection with that dissolution.

13. Privacy

Felixprinters will not disclose information regarding your personal details, account or transactions to any third party other than in accordance with the privacy policy from dutch law.
felixprinters holds the right to show your company name and logo in felixprinters’s promotions, only in the context of you being one of felixprinterss customers. (‘’our customers include …[buyer company name and logo]’’)

14. Links to Third Party Websites

Felixprinters is not responsible for the content of any third-party websites or services, any links contained in third-party websites or services, or any changes or updates to third-party websites or services. where felixprinters provides links and/or access to third-party websites and/or services it is only as a convenience to you, and the inclusion of any link or access does not imply an endorsement by felixprinters of the third-party site or service.

15. Third Party Rights

Third parties have no rights under applicable legislation in relation to the rights of third parties to rely upon or to enforce any term of these terms and conditions but that does not affect any right or remedy of a third party which exists or is available apart from such applicable legislation.

16. Survival

Any provisions in these terms and conditions which by their nature extend beyond the termination or expiration of any sale or license of the products will remain in effect.

17. Severability

If any provision of these terms and conditions is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. you and felixprinters are deemed to have agreed to new terms and conditions in substitution for such invalid provisions. these new terms and conditions shall be interpreted, as regards their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived from them.

18. Governing law

These terms and conditions and any disputes related to these terms and conditions or to the purchase and use of the products or otherwise are subject to the laws of the netherlands. the united nations convention on contracts for the international sales of goods is hereby excluded from application to these terms and conditions. all disputes arising out of these terms and conditions shall be settled by courts venued in amsterdam, which will have exclusive jurisdiction in respect of any such disputes.

19. Translations

This english version of these terms and conditions is the version that governs your purchase, of products from felixprinters if you are located in the unites states of america. should you have any questions, suggestions or complaints concerning your order, your purchase, these terms and conditions, or if you desire to contact felixprinters for any reason, please do so by email by visiting felixprinters’s website.

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