Polymaker is an international team passionate about 3D printing. We produce the very best 3D printing materials by controlling every stage of production. With a diverse portfolio of materials ranging from high performance plastics to unique aesthetic solutions, Polymaker will continue to add cutting edge materials to its ever-growing portfolio.
Polymaker is a global company headquartered in Shanghai. With distribution centers located in North America, Europe & Asia, our materials have penetrated every corner of the globe. Our worldwide presence is closely managed through our relationships with our local distributors and resellers. Polymaker is a regular exhibitor at 3D printing exhibitions on 4 continents.
Polymaker implements a rigorous quality control check on all materials. Utilizing our state of the art technology, we measure both the roundness and diameter of our filaments many thousand times a second, monitoring our processes with strict tolerances. We also have a number of processes and technologies that set apart Polymaker materials.
Polymaker is a company committed to innovation, quality and sustainability, in the pursuit of producing safe and clean materials for the 3D printing industry. We do not simply adhere to current standards, but are surely becoming a market leader for quality in the filament industry.
TERMS AND CONDITIONS
Terms and Conditions
Agreement between User and www.polymaker.com
Welcome to www.polymaker.com. The www.polymaker.com website (the “Site”) is comprised of various web pages operated by Polymaker LLC (“Polymaker”). www.polymaker.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.polymaker.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.polymaker.com is an E-Commerce Site, selling 3D printing filaments, 3D printing equipment and accessories.
Visiting www.polymaker.com or sending emails to Polymaker constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Polymaker is not responsible for third party access to your account that results from theft or misappropriation of your account. Polymaker and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Polymaker does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.polymaker.com only with permission of a parent or guardian.
Please contact us at firstname.lastname@example.org with any questions about your order.
Links to Third Party Sites/Third Party Services
www.polymaker.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Polymaker and Polymaker is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Polymaker is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Polymaker of the site or any association with its operators.
Certain services made available via www.polymaker.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.polymaker.com domain, you hereby acknowledge and consent that Polymaker may share such information and data with any third party with whom Polymaker has a contractual relationship to provide the requested product, service or functionality on behalf of www.polymaker.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Polymaker or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Polymaker content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Polymaker and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Polymaker or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Polymaker has no obligation to monitor the Communication Services. However, Polymaker reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Polymaker reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Polymaker reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Polymaker’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Polymaker does not control or endorse the content, messages or information found in any Communication Service and, therefore, Polymaker specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Polymaker spokespersons, and their views do not necessarily reflect those of Polymaker.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.polymaker.com or Posted on Any Polymaker Web Page
Polymaker does not claim ownership of the materials you provide to www.polymaker.com (including feedback and suggestions) or post, upload, input or submit to any Polymaker Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Polymaker, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Polymaker is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Polymaker’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Polymaker account to third party accounts. By connecting your Polymaker account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Polymaker from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Polymaker Content accessed through www.polymaker.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Polymaker, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Polymaker reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Polymaker in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Polymaker agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. POLYMAKER LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
POLYMAKER LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. POLYMAKER LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Polymaker reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of South Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in South Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Polymaker as a result of this agreement or use of the Site. Polymaker’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Polymaker’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Polymaker with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Polymaker with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Polymaker with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Polymaker reserves the right, in its sole discretion, to change the Terms under which www.polymaker.com is offered. The most current version of the Terms will supersede all previous versions. Polymaker encourages you to periodically review the Terms to stay informed of our updates.
Polymaker welcomes your questions or comments regarding the Terms:
110 Traders Cross
Bluffton, South Carolina 29909
Effective as of August 08, 2018
General Terms & Conditions Web Shop
- Definitions and applicability
1.1. a. Polymaker: the private company Polymaker B.V., registered with the Chamber of Commerce under number 855288553, having its registered offices and principal place of business in Utrecht at Vondellaan 106 (3521 GH).
- Customer: all natural persons or legal entities, engaged in activities covered by its business or professional activities, and entering into an agreement with Polymaker.
- Consumer: a Customer being a natural person not acting in the performance of a profession or business.
- Agreement: an Agreement concerning the delivery by Polymaker of Products for 3D printers.
1.2. These terms & conditions apply to all Agreements entered into by Polymaker with and offers made by Polymaker to Customer.
1.3. Parties may deviate from the general terms & conditions only in writing.
1.4. Polymaker is entitled to amend these general terms & conditions.
- Conclusion and amendment of the Agreement
2.1. Obvious mistakes or (typographical) errors on the website are not binding upon Polymaker.
2.2. An Agreement is concluded once Polymaker has confirmed the order to Customer in writing or Polymaker has commenced implementation of the Agreement.
2.3. The Agreement is entered into subject to the suspensive condition that Polymaker’s Products are available in sufficient quantities.
2.4. An amendment and/or supplement to an Agreement will only take effect once Polymaker has confirmed this in writing.
- Prices and costs
3.1. Polymaker is entitled to increase the prices it has quoted and agreed by the additional costs in the event that, after the Agreement has been entered into, the prices of the raw materials for the Products to be delivered, or the cost of purchase, transport and storage, packaging costs, wages, taxes, levies, social security charges, insurance premiums, etc., increase.
3.2. The cost of taxes, levies, BTW/VAT and import duties are at Customer’s expense.
3.3. Costs associated for Polymaker with an obligation to take Products back are at Customer’s expense.
4.1. Customer will pay the agreed amount in advance when placing the order.
4.2. Complaints about invoices must be submitted to Polymaker in writing within ten (10) days of the date of invoice, subject to the lapse of the right to complain. If this terms lapses without being used, Customer is considered to be in agreement with the invoice and this is adopted by the parties. Any complaint concerning an invoice does not suspend the obligation to pay.
5.1. The delivery term commences on the day after receipt of the payment agreed.
5.2. The delivery term is an indication only. Polymaker will not be in default purely by exceeding the agreed delivery term.
5.3. Polymaker is entitled to make partial deliveries.
5.4. The place of delivery for the Products to be delivered will be Customer’s address, unless parties have agreed on a different address.
5.5. Customer is obliged to accept the Products at the time indicated by Polymaker at the agreed place of delivery. In the event that Customer fails to accept all of the Products delivered (on time), Customer will be in default without any further notification of default being required. Polymaker is then entitled to dissolve the Agreement. All costs incurred, as well as any loss of income, will be at Customer’s expense. All of which without prejudice to any other rights of Polymaker vis-á-vis Customer.
5.6. In the event that delivery of a Product ordered is impossible, Polymaker will inform Customer of this and make every effort to offer a replacement Product. In the event that Customer does not wish to exercise this right, Customer may dissolve the Agreement in relation to that part that cannot be delivered by Polymaker. Polymaker will then provide a credit for that part of the invoice and the amount of the advance payment within thirty (30) days of dissolution.
- Inspection and shortcomings
6.1. Customer is obliged upon issue of the Products to inspect these (or have them inspected). Signature of the delivery note and/or receipt of the Products imply that Polymaker has fulfilled its obligations by virtue of the Agreement.
6.2. In the event that Customer discovers a defect in the Products delivered, Customer must report this defect immediately, but in any event no later than within ten (10) days of issue, to Polymaker in writing.
6.3. Customer must allow Polymaker to have its own inspection carried out into the defect found and must store the Products to be investigated in an appropriate manner. Customer is obliged to cooperate with Polymaker in full in this.
6.4. In the event that it is ascertained that a shortcoming is present that is attributable to Polymaker, Polymaker will complete the delivery. In the event that it is no longer possible to complete the delivery, Polymaker will provide a credit to the Customer for the invoice amount for that part of the delivery affected by the shortcoming.
6.5. Customer must observe the obligations and terms stated in this article, subject to a penalty of the lapse of its rights in this respect.
- Use of Products
Customer guarantees that the Products will be used only for agreed purposes and usage, subject to the understanding that this purpose and usage must at all times remain within the framework of legislation and regulations, and the production of weapons, ammunition and explosives are explicitly excluded.
- Liability for damages
8.1. Polymaker accepts no liability, except for damage attributable to gross negligence or intent on the part of Polymaker or its management or subordinates.
8.2. In the event that Polymaker is liable, this liability will never exceed that which is stipulated in this clause.
8.3. Polymaker can only be liable for direct losses. In cases in which Polymaker’s liability is proven, Polymaker’s liability will be limited to the amount paid out by Polymaker’s liability insurer in this instance. In the event that the insurer does not pay out while Polymaker’s liability is proven, this liability will – without prejudice to Customer’s obligation to pay the purchase price – be limited to a maximum of an amount equal to the invoice amount for the Product through which the damage was caused, with a maximum of € 10,000.
8.4. Direct loss is understood to mean exclusively losses arising from failure to fulfil Polymaker’s core performance.
8.5. Polymaker will never be liable for indirect losses, including consequential losses, loss of profit, losses incurred, savings missed and losses due to interruption of Customer’s business or that of third parties.
8.6. Damage must be reported by Customer to Polymaker in writing without delay and in any event within ten (10) days of its discovery.
8.7. All claims against Polymaker lapse following the expiry of a period of one year from the day on which the party making the claim became aware of or should reasonably have become aware of the facts underlying the claim.
8.8. Customer indemnifies Polymaker against any claims by third parties. In the event that a claim is made against Polymaker by a third party, Customer is obliged to support Polymaker both in and out of court and at Polymaker’s first request provide every cooperation and all information required by Polymaker.
- Force majeure
9.1. Force majeure is defined as: all circumstances outside of the control of Polymaker that temporarily or permanently prevent fulfilment of the Agreement.
9.2. The following in particular are considered to constitute force majeure, as well as shortcomings not attributable to Polymaker: disruptions to public order including war, the threat of war, riots and terrorist activities and government measures taken in relation to these, strikes and interruptions to work, interruptions to transportation including restrictions on transportation and trade, hijacking, storms, fire, epidemics and illness among persons working for Polymaker, cessation of Polymaker’s activities imposed by the government, interruptions to Polymaker’s business including disruptions to telecommunications and the internet.
9.3. Polymaker’s delivery terms will be extended by the period for which the situations as referred to in the first and second paragraphs last.
10.1. In the event that Customer is a consumer in the sense of Article 1 item c of these general terms & conditions, Articles 3.1, 4.2, 5.5, 5.6, 6.2, 6.5, 7, 8.1, 8.6, 8.7, 8.8, do not apply. That stipulated in this article then applies.
10.2. Upon purchasing the Products, Consumer has the opportunity for a period of fourteen (14) days to dissolve the Agreement without stating grounds. This withdrawal period commences on the day after receipt of the Products by the Consumer or a third party specified by Consumer and made known to Polymaker in advance. Following such dissolution, Polymaker will reimburse all payments received from Consumer within fourteen (14) days of the date of receipt of the statement of dissolution, including delivery charges. Dissolution will take place by means of a written statement to Polymaker.
Consumer will return the Products or pass these to Polymaker or to a person authorised by Polymaker to receive the Products immediately, or in any event within fourteen (14) days of making this statement of dissolution. During this withdrawal period, Consumer will treat the Products with due care. Consumer will bear the direct cost of returning the Products.
10.3. Polymaker reserves the right to increase the agreed price as stated in Article 3.1 and the Agreement. Consumer may in this case dissolve the Agreement.
10.4 Customer is obliged to accept the Products at the time indicated by Polymaker at the agreed place of delivery. Contrary to Article 5.5, in the event that Consumer does not purchase all the delivered Products (in time), Consumer will be in default after Polymaker has issued a notification of default. Polymaker is then entitled to dissolve the Agreement.
- Applicable law and competent court
12.1. Agreements are subject to the law of the Netherlands. The Vienna Sales Convention applies, except for Customer’s right to compensation as stipulated in the second sentence of Article 37 of the Vienna Sales Convention.
12.2. The District Court for the Central Netherlands is exclusively competent to hear disputes concerning Agreements and the implementation thereof.