Terms and Conditions
Armattan Productions Terms and Conditions
Last updated: Aug 2018
The following are terms and conditions of a legal agreement between you and Armattan Productions and its affiliates (collectively, “Armattan Productions”, “we”, “us” or “our”). These terms and conditions govern your use of the services we offer (“Armattan Productions Services” or “Services”) and the use of www.armattanproductions.com (the “Armattan Productions Website” or “Website”).
By using the Armattan Productions Website, you acknowledge to have read, understood and agree to be bound by these “Terms and Conditions” and to comply with all applicable laws and regulations. If you do not agree with these Terms and Conditions, you should not use the Armattan Productions Services and Website.
Armattan Productions Services
The Armattan Productions Services are made up of different services provided through the Website. One of our Services enables you to upload a file to our Website.
If you want to turn your model into reality, you can place an order with us to have it manufactured. At a charge of a service price and price for the material used for the model, we manufacture the model for you (i.e.,CNC cutting services) in our materials and ship it to you. You can also order designs by other Armattan Productions users: Armattan Productions allows you to browse the Website for designs in our Gallery and to place an order for the manufacturing of an available design.
Account Terms
You must be at least eighteen (18) years of age to use this Service. If you are under 18, you may use Armattan Productions.com only with involvement of a parent or guardian. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur there under. We will not be liable for any loss or damage from your failure to maintain the security of your account and password. We reserve the right to refuse service to or terminate service of anyone at any time without notice for any reason.
Ordering
1) Placing an order To order cutting of the design you created or another design you found on our Website, you select the design and click the order button. Then you can select the quantity of the designs you order and the material you want the design to be made of. As the next step, we ask you to provide us with information we need for the delivery of the product once it is cut. Finally you will be redirected to our payment provider’s website to initiate your payment. Please be informed that the language to be used during the whole ordering process is English.
2) Unacceptable orders, cancellation of orders by us If a design is available through our Website (in the “Gallery” or “My Designs/ My Shop” section), the basic assumption is that it can be produced. There are however technical or other reasons why Armattan Productions may not accept or may cancel your order during the entire ordering process, even after our acceptance of your order. Such reasons can be for example but not limited to the unfeasibility of the model, the infringing feature of your model (see our Notice Take Down Procedure) or the destination of the delivery you indicated in your order etc. In case we cancel your partial or entire order we will contact you via email and at Armattan Productions discretion will issue you store credit or a full refund for the cancelled item(s), with the exception of counterfeit parts. Counterfeit parts that make it through production before being identified as counterfeits will not be shipped or refunded. Upon request these parts can be refunded but your account will be terminated at that time. You can keep your account or get a refund, but you cannot have both. Under no circumstances will counterfeit parts be shipped. Think twice before you upload parts you know are counterfeits.
3) Prices in the Gallery The prices displayed in the Gallery part of the Website are only indications and are valid only for the moment that they are displayed. Armattan Productions reserves the right to change its prices in the Gallery without prior notice. Such change however will have no effect on orders completed before the posting of a new price on the Gallery. We do our best to prevent errors in the pricing. However, should an error occur, we are not bound by our offer and may cancel the order. Any monies paid related to that order will be refunded to you.
4) Payment and price The amount indicated on the ordering page includes the fee for the Service (such as cutting and packing the product) and the price for the materials used to make the product. The price quoted on the Website excludes any import duty or taxes (if applicable). All prices are indicated in U.S. dollars (USD). If you do not pay in USD, the currency conversion will be handled by our payment service provider.
You can initiate your payment for your order via PayPal.com. If you choose to pay using PayPal you will be directed to the PayPal.com website.
Armattan Productions shall not be responsible in any way for the payment process done via the PayPal.com website. Please familiarize yourself with the terms of use of those services of PayPal.
We will not perform the Services until we receive confirmation either via PayPal that the transfer of the amount indicated in the order confirmation form has been completed.
5) Acceptance After accepting your order we will send you an order confirmation by e-mail address associated with your Armattan Productions account. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If we cannot accept your order we will contact you by email. You should verify the details in the confirmation email. If there are errors you should contact us as soon as possible by email.
6) Order Tracking Via e-mail notifications, you will recieve a tracking number once your order has been shipped so you can track the status of your order.
7) Shipping Your order will be delivered to your shipping address. We do not ship to addresses that are not linked to your PayPal or credit card. Make sure you have the correct address tied with your payment. We will not accept requests to ship to an alternate shipping address. We deliver worldwide. We will use our commercially reasonable efforts to ship the product to the shipping address within the delivery time indicated in our confirmation email nevertheless depending on your shipping address it may take a longer time. Any shipping and delivery dates given by us are only best estimates and we are not liable for any damage or cost caused by delay in shipping or delivery. Title and risk of loss is transferred to you upon transfer of the goods from Armattan Productions to the shipment carrier.
8) Cancellation of your order, return of models Due to the personalized feature of our Services (i.e. the product is supplied by us based on your specifications), you can not cancel your order after it goes into production.
Warranty
Armattan Productions warrants only that the product manufactured by us will substantially meet the features of the indicated model within the limitations of the CNC cutting technology. Armattan Productions does not give any warranty about the products and does not guarantee that the product will be fit for any particular purposes. Please inspect the product upon receipt immediately. If the product is faulty when you receive 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 product. Such warranty claim can be made only within 10 days after receipt of the product by you. Do not return the product unless we require you to do so. We will confirm whether you are entitled to a replacement or refund. Transportation costs in respect of a faulty product will be borne by us.
Armattan Productions provides the Website and the Services “as is“ and “as available”. Armattan Productions does not warrant that the use of the Website and the Services will be uninterrupted or error free.
ARMATTAN PRODUCTIONS MAKES NO WARRANTY OTHER THAN THOSE MADE EXPRESSLY IN THIS TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY LAW, ARMATTAN PRODUCTIONS HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Please note that we are not responsible for the ways in which the products are handled or used.
Use of the Armattan Productions Website
Copyright and all other proprietary rights in the content of the Website (including but not limited to software, audio, video, text and photographs and excluding all User Generated Content) rests with Armattan Productions 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. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Armattan Productions is strictly prohibited. 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. 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.
This Website may provide links to other websites that are not under the control of Armattan Productions. Armattan Productions shall not be responsible in any way for the content of such other websites. Armattan Productions provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by Armattan Productions of the content of such websites.
Since the Armattan Productions Service is a web based service, it might be subject to temporary downtime. From time to time we also update our Website, which will result in the Website not being available for a certain period of time. We will endeavor to ensure that the Website operates reliably and consistently, but we do not warrant that the Website will operate uninterrupted without any faults. We are not responsible for any losses suffered by you as a result of any interruption of the Website, suspension of your access to the Website.
User Generated Content
The term “User Generated Content” when used in this Terms and Conditions shall mean any content uploaded to the Website by you, including but not limited to all uploaded designs, pictures of your objects, pictures of any model, comments on the Website, specifications provided in your order for a CoCreator model, as well as the printed product we create for you based on your User Generated Content. All User Generated Content should not be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information or be likely to infringe or infringing on any intellectual property rights. Intellectual property rights means copyright, patent, registered design, design right, trademark, trade secret or any other proprietary or industrial right.
Armattan Productions has no obligation to review the User Generated Content and can in no way be held responsible for the content of the User Generated Content. Opinions expressed in the User Generated Content are not necessarily the opinion of Armattan Productions.
In order to keep Armattan Productions and the Website appropriate for a general audience and to cooperate with intellectual property right owners, we implemented our “Content, Notice-Take-Down Policy”.
Except for your designs, which are referenced below, by submitting User Generated Content through the Services or Website, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Generated Content in connection with the Website, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website and/or the Services a non-exclusive license to access your User Generated Content through the Website and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Generated Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Generated Content, including the right to grant additional licenses to your User Generated Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
Intellectual Property Rights of Designs
You, as a designer, retain all your intellectual property rights in your design, including without limitation any and derivative works like renders. Except for the rights and licenses specified below, Armattan Productions shall not use, modify or display your design or derivatives thereof. By uploading your design, you warrant that it is your original creation and not copied from any third party and/or entity. You warrant that your User Generated Content will not infringe the intellectual property rights of third parties. Should your User Generated Content nevertheless be found to be infringing and/or in violation of any law, you will defend Armattan Productions against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by Armattan Productions with respect to such claims.
By uploading your design to the Website, you grant Armattan Productions a non-exclusive, royalty-free worldwide transferable license on your design (i) to use it for the manufacturing of your product in order to fulfill your order; and if you so indicate during the upload process:(ii) to display it on the Armattan Productions Website;(iii) to use and modify it for the manufacturing of your product in order to fulfill the order of any other Website user.
You can change the rights (ii) and (iii) via the model detail page of the design at any time. With regard to such non-published design, in order to protect third party intellectual property right owners who, in such case, may not be able to benefit from our Notice-Take-Down Procedure, we retain the right to review and refuse any order when it, in our own discretion, appears to infringe third party intellectual property rights, or in our discretion the model does not comply with our Content Policy.
By removing your design from the Website you terminate all licenses granted to Armattan Productions to such design under these Terms and Conditions. Armattan Productions is however entitled to use your design to fulfill orders of your design that were placed before the removal; and to use your design for promotional purposes, which license shall terminate 6 months after the removal of your design. Designs are only used for promotional purposes with your explicit consent.
Note, specific terms in the Co-Creator section: As a customer of a CoCreator model, by providing specifications for a CoCreator model, you grant Armattan Productions a non-exclusive, royalty free worldwide transferable license to use, copy, modify, display and distribute your specifications, with the right to sublicense, for any purpose.
Please note that any intellectual property right of a CoCreator product created by the Armattan Productions shop owner with the use of your specifications will vest in the shop owner who created the CoCreator product.
Consent to Use of Personal Data
By using our Services you agree that Armattan Productions may collect and use personal data about you. Such information collected through this Website shall only be used in accordance with the Armattan Productions Privacy Statement. For more information please read the Armattan Productions Privacy Policy.
Limitation of Liability
These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the Armattan Productions Services. Save as set out below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Services except as expressly stated in these Terms and Conditions. Any warranty, condition or other term arising out of or in connection with the Services or the delivered models which might otherwise be implied into or incorporated into these Terms and Conditions by statute, common law, laws applicable in the country where you ordered the Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.
ARMATTAN PRODUCTIONS WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY OR OTHERWISE.OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE RECEIVED FROM YOU BY ARMATTAN PRODUCTIONS FOR THE RELEVANT ORDER.
Nothing in these Terms and Conditions shall limit or exclude our liability (i) for death or personal injury caused by our gross negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
Applicable Law
These Terms and Conditions shall be governed by the laws of New York, USA, without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than New York, USA. Any and all disputes arising from these Terms and Conditions, including disputed relating to the validity thereof, and any disputes related to the use of the Armattan Productions Services or Website or relating to the models ordered and delivered, shall be brought in the federal and state courts located New York County, New York, USA. The United Nations Convention on the International Sale of Goods shall not apply to the Armattan Productions Services or Website or relating to the products ordered and delivered.
For consumers in Italy the Applicable Law is DLgs, 6.09.2005 n. 206, Titolo III, seizone II.
Indemnification
You agree to indemnify and hold Armattan Productions and its affiliates, distributors, dealers, agents and its and their employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorneys fees) arising from or relating to any claims that result from your breach of these Terms and Conditions.
Change of the Website, the Services and these Terms and Conditions
Armattan Productions reserves the right to make changes to the Website, the Services and these Terms and Conditions at any time. Such amended Terms and Conditions shall be effective upon posting on this Website and will have no effect on sales that were completed before such posting. We will make reasonable efforts to post notices regarding any changes to these Terms and Conditions. Please check the Terms and Conditions published on this Website regularly to ensure that you are aware of all terms governing the Website and the Service.
Miscellaneous
These Terms and Conditions, together with the Privacy Statement and any other policies, guidelines, or FAQs posted by Armattan Productions represents the complete and exclusive agreement relating to the subject matter hereof which supersedes any proposal or prior agreement, oral or written and any other communications between you and Armattan Productions. No amendment of these Terms and Conditions shall be binding upon Armattan Productions unless in writing and signed by Armattan Productions. If any provision is held to be void or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any other provision of these Terms and Conditions.
Contact Information
If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending an email.
SHOULD YOU EXPERIENCE ANY PROBLEMS, PLEASE CONTACT US AND WE WILL DO OUR BEST TO FIX IT AS SOON AS POSSIBLE. SINCE WE ALWAYS WANT TO FURTHER IMPROVE OUR SERVICES, WE WELCOME ALL FEEDBACK. ARMATTAN PRODUCTIONS MAY CONTACT YOU TO ASK YOU ABOUT YOUR EXPERIENCES.