Updated: February 22, 2018.
1. The following are terms and conditions of a legal agreement between you and moi composites S.r.l and its affiliates (collectively, “moi”, “moi composites”, “we”, “us” or “our”).
The “Terms and Conditions”) govern your use of www.moi.am website, (or “website”), any mobile applications (the “applications”), and the services (“service”, features, and content we offer together with the Website and the Applications, “moi “services” (e.g. design and engineering of an application, system, product or a parts). By using our services, you acknowledge you have read, understood and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. You also certify that any 3D file (“3D Model”) or information (drawings, texts or ideas related to a project) uploaded to the moi website or attached to a @moi.am webmail does not violate any federal law or regulation including those pertaining to firearms, or applicable standards maintained by ISO, ASTM, ASME, or other similarly situated body. If you do not agree with these Terms and Conditions, you should not use the our services.
2. If we determine that your model violates our Content Policy prior to printing, we will refuse to print the model and issue a refund. If we determine that your model violates our Content Policy after it has been printed, we will not ship the model and may not issue you a full refund.
3. These General Terms and Conditions shall solely apply for the area "customizing", i.e. for the production and delivery of customer-specific samples, prototypes and small serial products as well as for the delivery of functional modules (semi-finished, or finished products) to the Customer.
4. We do not accept conflicting, differing and/or terms and conditions of the Customer not contained in our unless expressly agreed upon in writing. This also applies in case we unreservedly perform Deliveries with knowledge of conflicting, differing conditions or conditions not contained in our Terms and Conditions.
5. Our sales personnel are not authorized to make oral additional agreements.
6. Unless otherwise expressly agreed upon, our offers and quotations are not binding. The order and/or the offer resp. the quotation does not become binding for us until we confirm it in writing or tacitly accept it by performance or issuance of an invoice.
All contracts concluded with you are under the condition precedent that the necessary export licenses will be granted resp. there are not conflicting any obstacles due to our position as exporter resp. there are not conflicting any export regulations which must be observed by our suppliers.
Illustrations, drawings, calculations and other product, application or project-related documents which contain valuable know-how or valuable information remain our sole property and are subject to our copyright even if handed over to the customer; they may not be reproduced or made available to third parties without our prior written consent.
7. If the objects of service are customer-specific samples, prototypes and pre-serial products considering this characteristic the following shall apply: - The technical configuration of the products and the enclosed documentation, if available, are preliminary. - The technical data are subject to marginal changes. - We are not responsible for the production and the supply of identical products or products identical in construction. - The release tests are not yet completed. - The product has not yet been released for series production high volume lots. - The operation must be conducted with special diligence. - Safety guidelines must be observed strictly. - In case of problems regarding a product the customer shall contact without delay the address mentioned in the order confirmation. - The products must only be used in a way that in case of failure or breakdown a risk for life and limb, for machines or for other goods of value is excluded. - In case of safety-related use there must be made additional arrangements for safety and loss prevention.
8. If the objects of service are functional modules, considering this characteristic, the following shall apply: - The operation must be conducted with special diligence. All guidelines, demands and indications contained in the instruction manual and in the technical data sheet must be observed strictly. - Safety guidelines must be observed strictly. In case of problems regarding a product the customer shall contact without delay the address mentioned in the order confirmation. - The products must only be used in a way that in case of failure or breakdown a risk for life and limb, for machines or for other goods of value is excluded. - In case of safety-related use there must be made additional arrangements for safety and loss prevention.
9. moi warrants only that the model manufactured by us will substantially meet the features of the indicated 3D Model within the limitations of the 3D printing technology. You maintain sole legal responsibility for the design specifications and performance of the 3D Model that is the subject of this transaction. Moi does not give any warranty about the 3D Models themselves and does not guarantee that the 3D Model will be fit for any particular purposes. Please inspect the 3D Model upon receipt immediately. If the 3D Model is faulty when you received it and you believe you are entitled to a replacement in accordance with the warranty above, please contact us within 10 days after receipt of the 3D Model. Such warranty claim can be made only within 10 days after receipt of the model by you. Do not return the 3D Model unless we require you to do so. We reserve the right to condition any replacement or refund on the return of the 3D Model. We will confirm whether you are entitled to a replacement or refund. We reserve the right to condition your receipt of a replacement or refund on you providing us with photographs that we deem necessary to evaluate your claim. Transportation costs in respect of a faulty product will be borne by us. If we do not receive any notice within the provided 10 days we will assume the 3D Model meets your specifications and performance requirements. Models you ask to be printed anyway, or its equivalent are not eligible for replacement or refund. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: (a) which users gain access to the Services; (b) what content you access via the Services; or (c) how you may interpret or use the content.
10. You release us from all liability for you having acquired or not acquired content through the services. We make no representations concerning any content (including without limitation 3D Models) contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content (including without limitation 3D Models) contained in or accessed through the Services.
11. Without limiting the generality of the foregoing, we assume no responsibility or liability for the selection of materials. You maintain sole legal responsibility for the selection of materials that fit the requirements of your specifications and performance of the 3D Model.
12. Existing Industrial Property Rights shall remain with the respective party. Any transfer of Industrial Property Rights requires an express written agreement between the parties. We are solely entitled to all work results, know-how and Industrial Property Rights achieved by us in connection with the Deliveries and/or the cooperation between us and the Customer unless we have made an express differing written agreement with the Customer. The Customer is only insofar and to the extent entitled to use the Deliveries as this is absolutely necessary for the use of the Deliveries within the limits of the contract.
13. Copyright and all other proprietary rights in the content of the Website and the Services (including but not limited to software, audio, video, text and photographs and excluding all User Generated Content) rests with moi or its licensors. All rights in the content not expressly granted herein are reserved. Except as otherwise provided, the content published on this Website may be reproduced or distributed in unmodified form for personal, non-commercial use only, provided that it is attributed to moi. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of moi is unlicensed by moi. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. You agree not to use any robot, spider, or other automated device to drive traffic to a specific model or shop page in order to manipulate where that model or shop appears on the Service. Our rights include rights to (i) the Service developed and provided by us; and (ii) all software associated with the Service. All copyright and other proprietary notices shall be retained on all reproductions.
We are not responsible for any interruption of the Website.
14. By using our Services you agree that moi may collect and use personal data about you.
15. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
16. You must provide current, complete and accurate information for your billing account. You must promptly provide all information to keep your billing account current, complete and accurate. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial.
17. Unless otherwise expressly agreed, payment terms are 30 days net as of the invoice date – but not before the goods are received. The Customer may only set off his claims to the extent that these claims are admitted by us, are undisputed or have been finally legally determined. The Customer may exercise a right for retention only if its counterclaim is based on the same contractual relationship. If there are actual facts that the financial situation of the Customer deteriorates after conclusion of the contract or if we become aware of other facts after conclusion of the contract resp. other facts are given after conclusion of the contract which justify the pre-sumption that our claim against the Customer is jeopardised by the inability to perform by you, we may demand corresponding adequate securities for our Deliveries and/or revoke any payment terms granted, even for other obligations. If the Customer does not present the adequate securities requested by us within a reasonable time, we may withdraw from the contract.
18. The services, content and models are provided “as is”, “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. we, and our directors, employees, agents, suppliers, partners and content providers do not warrant that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the services is free of viruses or other harmful components; or (iv) the results of using the services will meet your requirements or expectations. your use of the services is solely at your own risk. some states do not allow limitations on implied warranties, so the foregoing limitations may not apply to you. please note that, unless otherwise stated in the description for a specific material, the materials we use for manufacturing is in research stage and the 3d models are not suited for any other purpose.
The 3dmodels are not suited to be used as toys, or to be given to children.
19. In no event shall we, nor our directors, employees, agents, partners, or suppliers, be liable under any contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any loss of income, loss of profits, loss of contracts, loss of data, cost of procurement of substitute goods or services, or for any indirect, incidental, exemplary, special, punitive, compensatory or consequential loss or damage of any kind (howsoever arising) , (ii) for any bugs, viruses, trojan horses.
20. These Terms and Conditions and the use of Services shall be governed by the laws of Italy, without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than Italy. You agree that any and all disputes arising from or relating to the subject matter of these Terms and Conditions, including disputes relating to the validity thereof, and any disputes related to the use of the Services, shall be governed by the exclusive jurisdiction and venue of the Italian State.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These Terms and Conditions are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Term and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Electronic notices should be sent to firstname.lastname@example.org
Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Since we always want to further improve our Services, we welcome all comments, suggestions, recommendations and feedback (collectively, the “Feedback”). You hereby grant to us a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Services.
22. We reserve the right to change these Terms and Conditions from time to time and will post any revisions on our Website and may also provide notice to you through the service or via email. Therefore we encourage you to check the Website often to read the latest version. All transactions are subject to the Terms and Conditions in effect at the time of the transaction.
If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending an email: email@example.com
SHOULD YOU EXPERIENCE ANY PROBLEMS, PLEASE CONTACT US AND WE WILL DO OUR BEST TO FIX IT AS SOON AS POSSIBLE.