.MGX Terms and Conditions
The .MGX web store, available through the website mgxbymaterialise.com (hereafter “the Site”) is a service provided by Materialise NV, established and registered in Belgium, with registered office at 3001 Heverlee, Technologielaan 15, with registration number 0441.131.254; VAT BE 0441.131.254.
You can contact us:
- • By giving us a call: +32-16 39 66 11
- • By sending us a fax: +32-16 39 66 00
Your usage of the Site is subject to your compliance with the terms and conditions set forth below. If you do not agree to these terms and conditions, do not use the Site.
Materialise may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified version on the Site. However, contracts concluded on the basis of previous terms and conditions remain unaffected but you have to prove the terms which are applicable.
Orders placed by you are accepted and all contracts are made subject to these terms and conditions which shall prevail and be effective notwithstanding any variations or additions contained in any order or other document submitted by you. No modification of these terms shall be binding upon Materialise or any of its subsidiaries or affiliated companies unless made in writing by an authorized representative of Materialise.
The Site is available only in English and an order can be placed only in English.
USAGE OF THE SERVICE
You can use the service provided that you are of legal age to make a binding contract. You must provide current, accurate identification, contact and other information that may be required as part of the ordering process. We reserve the right to refuse services to or terminate service of anyone at any time without notice for any reason.
To order a product, you select the product by clicking the ‘Add to Cart’ button. Then, you can select the quantity of the product. You will have a view of the order and the costs (production, delivery and VAT when applicable), after which you can proceed to payment by clicking ‘Proceed to checkout’. Before paying, you have the possibility to go back in the process if you wish to modify it. After which you can proceed to payment by clicking ‘Proceed to payment’ and complete the transaction. Furthermore, we ask you to provide us with information we need for the delivery of the product.
You must ensure that the information you submit in your order is accurate and complete before paying. Should it not be the case, modifications will be allowed in as far as it has been agreed by Materialise in writing.
Materialise may, at any time during the ordering and the production process, revoke and/or cancel any order, if there are technical or other reasons to do so. In such case, Materialise will reimburse you all money paid.
Materialise recommends that you keep a printed copy of these terms and conditions as well as a copy of the order confirmation and invoice.
PRICE - PAYMENT
The prices displayed in the web store are valid only at the moment that they are displayed. Materialise reserves the right to change its prices without prior notice. Such change however will have no effect on orders completed before the posting of a new price in the web store.
The price calculated by Materialise contains the cost for the service rendered by Materialise, the manufacturing of the product, the packing and the shipment of the product, as well as VAT when applicable. No insurance is included. Other duties and taxes applicable for the delivery of the product, even if not mentioned by Materialise, will be paid by you.
The price is calculated in EURO or DOLLAR. Offsetting against any kind of non-approved counter-claims as well as execution of right of retention of goods shall be excluded unless established in court, undisputed or recognized by Materialise. Materialise remains the sole owner of the products until their entire payment, transport and taxes included.
You can initiate your payment for your order via PayPal. After ordering your product, you will be directed to the PayPal.com website. Materialise is not responsible for the payment procedure via PayPal.
No order shall be executed before Materialise has received via PayPal the confirmation that the transfer of the amount indicated in the order confirmation has been completed.
TERM OF DELIVERY – RISK OF TRANSPORT
Orders will be shipped within the time period mentioned on the Site. This is a preliminary indication, but does not bind Materialise in any way. The delivery time is based on the working conditions applicable at the time the agreement is concluded and on the punctual delivery of the materials ordered by Materialise for the execution of the order. Should a delay rise for which Materialise is not responsible, as a result of a change in the aforementioned working conditions or because materials ordered in time for the performance of the work are not delivered on time, the delivery time shall be extended as required and Materialise cannot be held liable for such delay.
Should your delivery details be incorrect, the delivery will be postponed until the correct information is received from you.
Materialise uses its discretion in selecting a reputable carrier and appropriate means of delivery. All risks during transport are borne by you.
INSPECTION - CANCELLATION – RIGHT OF CANCEL
Upon delivery of the product, Materialise expects that you submit the product to a thorough inspection. If, upon inspection, you feel that the product is not in conformity with the order, you should contact us as soon as possible and at the latest fourteen (14) days after receipt of the product. If you omit to exercise this control or decide to use a non-conforming product, you dismiss Materialise from any liability for the possible consequences of the usage of this product.
You should not return products without having received an explicit request from Materialise to do so.
Materialise reserves the right to revoke or cancel (part of) an order confirmation for technical or other reasons. The liability of Materialise vis-à-vis you for real and proven damage will, regardless the gravity of the failure, be limited to the price of the product directly related to the reason of the claim. All other liability of Materialise, such as that for consequential loss, other indirect loss and loss as a result of third party liability, is excluded.
All products which you buy via the .MGX web store are subject to a right of cancel. This is a ‘cooling off period’ of fourteen (14) calendar days during which you are entitled to cancel the purchase. The cooling off period commences on the day you received the product you had ordered. The costs for returning the product that you do not want are borne by you.
All products which you buy via the .MGX web store are covered by a warranty for two 2 years.
The two-year guarantee period starts as soon as your product is delivered, and you must inform Materialise of the non-conformity of the product within two months of discovering it.
You have the opportunity to request repairs or replacement if the product turns out to be faulty or not as advertised. If a product cannot be repaired or replaced within a reasonable time or without inconvenience, you may request a refund or price reduction.
Materialise retains all ownership and intellectual property rights to the Site. You may not cause or permit reverse engineering, disassembly or decompile the Site.
The Site contains names, which are trademarks and/or brand names of Materialise. These marks and other Materialise brand names may not be used without the written permission of Materialise. The copyright in the content of the Site is owned by Materialise or other third parties. No part of the Site may be copied or reproduced for commercial purposes without the express written permission of Materialise or the identified owner of the information and content.
You acknowledge that electronic communications, databases and websites are subject to errors, malfunctions, tampering and break-ins, or that use thereof may result in damages to your systems or operations. While Materialise will implement reasonable precautions to attempt to prevent such occurrences, you further acknowledge that Materialise does not guarantee such events will not take place and that she will not be liable for any such occurrences.
You shall be solely responsible for ensuring that any information or content downloaded from the Site or any other website accessed from the Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage its systems, software or data, and you shall indemnify, defend and hold Materialise harmless from any liability, claim, cost or damage arising out of any third-party claim or suit caused by such virus or code or subroutine.
LIMITATION OF LIABILILTY
The information and content provided on the Site and your access of the Site does not create any relationship between you and Materialise.
ALL INFORMATION AND CONTENT ON OR OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. YOU HEREBY WAIVE ALL OTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. MATERIALISE DOES NOT WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY ERROR OR DEFECTS WILL BE OR CAN BE CORRECTED. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
MATERIALISE SHALL NOT IN ANY EVENT BE LIABLE TO ANY USER OR TO ANY THIRD PARTY FOR ANY DIRECT DAMAGES, LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR FOR LOSS OF INCOME, BARGAIN, REVENUE, CONTRACTS, GOODWILL, USE, ENJOYMENT, TIME, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE WHATSOEVER (BUT NOT TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIABILITY EXCLUSIONS OR LIMITATIONS FOR INTENTIONAL TORTS, GROSS NEGLIGENCE, DAMAGES ARISING OUT OF PRODUCT LIABILITY OR OTHER FAULT BASES), NOR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR INCIDENTAL LOSSES, DAMAGES OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THE SITE, OR THE INFORMATION OR CONTENT, IRRESPECTIVE OF THE BASIS FOR SUCH CLAIM.
THE LIABILITY OF MATERIALISE VIS-À-VIS YOU FOR REAL AND PROVEN DAMAGE WILL, REGARDLESS THE GRAVITY OF THE FAILURE, BE LIMITED TO THE PRICE OF THE PRODUCT DIRECTLY RELATED TO THE REASON OF THE CLAIM.
INHERENT TO THE NATURE OF THE PRODUCT DELIVERED AND TO THE MANUFACTURING TECHNIQUES USED ARE THE POSSIBILITY OF BUBBLES OCCURING AND SLIGHT CHANGES IN COLOURS (IN CASE OF SLA/EPOXY), AND OCCURRENCE OF TINT BLACK POINTS OR NOT A PERFECTLY EVEN SURFACE, MATERIALISE WILL NOT ACCEPT ANY LIABILITY FOR THESE DEFAULT.
DATA PROTECTION AND PRIVACY
By submitting orders:
- • you consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details and other personal details (“Personal Data”), in accordance with the terms of Materialise; subject to the situation that these Personal Data are required to process your order and to fulfill our legal obligations
- • you acknowledge that the processing of your Personal Data is necessary for the performance of the contract and you consent to such processing
In certain circumstances Materialise may seek additional personal information such as photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to Materialise it shall also be regarded as “Personal Data”.
The Personal data are collected by Materialise in order to:
- • fulfill its obligations under any sale and purchase contract and any other contract with you
- • ask your opinions on its products and services
- • provide you with the latest products and services information
- • improve the products and services for you
Materialise may share, make available or transmit Personal Data to other departments and divisions in Materialise, and other Materialise Companies within Europe and overseas, including Ukraine.
Materialise will not disclose Personal Data to entities and persons, other than Materialise, (“third parties”) without your consent, except in the cases below.
Personal Data may be disclosed to third parties to enable compliance with legal obligations to which Materialise or its Affiliates are subject.
- • do not use Personal Data other than for the purposes permitted
- • obtain and process Personal Data only on condition that they secure that Personal Data from unauthorized use and adopt and comply with similarly stringent policies and terms on Personal Data protection and use; and
- • comply strictly with applicable laws
GOVERNING LAW, JURISDICTION
The sale of products and these terms shall be governed by and construed under the laws of Belgium. All disputes will be submitted to the exclusive jurisdiction of the Courts of Leuven.
OTHER – GENERAL
No omission or delay on the part of any party to insist on strict performance of any terms, or in exercising any right, power or remedy under these terms, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercise thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these terms shall be a waiver of any subsequent breach of that or any other term.
Circumstances beyond our reasonable control
Materialise will make every effort to perform its obligations under these terms. However, Materialise is not liable in case of force majeure. Force majeure implies any circumstance beyond the control of Materiaise – even if this circumstance was foreseeable at the time the agreement was concluded – which permanently or temporarily prevents fulfillment of the agreement, including in particular transport failure, strikes, terrorist acts, war, supplier/transport issues, governmental or regulatory action and natural disasters. In the event of a delay, Materialise will perform its obligations as soon as reasonably possible.
If all or any part of one or more of these terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation or found to be illegal or unenforceable in whole or in part under any applicable law, or regulation of any jurisdiction or country, or with respect to a certain category of persons, such provision or part shall to that extent, be deemed not to form part of the contract. The legality, validity or enforceability of the remainder of these terms or the remaining parts of the relevant term shall not in any way be affected or impaired thereby (in relation to such jurisdiction or country, or category of persons). The legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction or country or category of persons, shall not in any way be affected or impaired.
If any part of this disclaimer is held to be invalid, the remaining models will continue to be valid and enforceable.