Terms & Conditions

Last updated: 08 April 2020 at 14:20 pm

The following are terms and conditions of a legal agreement between you, MINIKIN, its affiliates and partner (collectively, “MINIKIN”, “we”, “us” or “our”). These terms and conditions govern your use of the services we offer (“MINIKIN Services” or “Services”) and the use of minikin.xyz (the “MINIKIN Website” or “Website”).

By using the MINIKIN website and service, 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 to these Terms and Conditions, you should not use the MINIKIN Services and Website.

1.0 MINIKIN Services

1.1 If the customer would like to use our services, the customer can contact us to place an order. We manufacture using a range of machines and materials and details of these can be found on our website.

1.2 MINIKIN does not take responsibility for the manufacturability of any designs or files sent to MINIKIN; the customer is responsible for the design and manufacturability of the part or parts sent to us.

1.3 MINIKIN are not responsible for checking or informing the customer that their part or parts are not manufacturable; the customer is responsible for designing their part or parts to the required standards of the manufacturing process or their material selection. If a part or parts fail to be manufactured due to non-manufacturability the customer will be charged for the service.

1.4 If we notice that a part or parts are not manufacturable or have features that may lead to unsatisfactory results of the manufacturing process, we will contact the customer. If changes are not possible, a refund can be given providing that manufacturing has not commenced. We shall not be held responsible for any loss, damage or costs incurred if a part has a feature that is outside the stated guidelines for part, machine or material capabilities on the MINIKIN website. MINIKIN provides some information on the manufacturing methods and materials available to us on our website however, the customer is responsible for researching and selecting the required manufacturing process and material for their part or parts.

1.5 If a part or parts fail to print due to an error in our service, the customer can choose to have a refund or a ‘re-print’ of the part or parts at no charge.

2.0 Account Terms

2.1 You must be at least eighteen (18) years of age to use this Service. If you are under 18, you may use MINIKIN 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 thereunder. 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.

3.0 Ordering

 

3.1 Placing an order/receiving a quote

3.1.1 To request our services the customer must send us their part or parts files via email or upload them on our website. We will ask the customer for information required for collection or delivery of the part or parts. Quotes are valid for 30 days from the date of issue. The language to be used during the whole ordering process is English.

3.2 Unacceptable orders, cancellation of orders by us

3.2.1 There may be technical or other reasons why we can not accept or must 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 features of your model, the destination of the delivery you indicated in your order etc. in case.

3.2.2 MINIKIN will contact the customer via email if their order is cancelled.

3.2.3 Any functioning weapon or parts from weapons will not be printed. Any parts for weapons concealed or disguised as other parts in an attempt to bypass this rule will remain the responsibility of the person(s) who upload the files and they will be held liable for any legal actions as a result of the printing.

 

3.3 Prices

3.3.1 MINIKIN reserves the right to change its prices without prior notice. Such changes, however, will have no effect on orders completed before the posting of a new price; this includes the price stated on quotes or invoices within date. The prices displayed on our website are valid only for the moment they are displayed.

3.3.2 We do our best to prevent errors in pricing, however, should an error occur, we are not bound by our offer and may cancel the order.

3.4 Payment and price

3.4.1 Unless stated differently during the purchasing process, all costs will be billed and collected by MINIKIN.

3.4.2 Payment must be made in full within 30 days of the invoice date. Payment details will be provided on an invoice emailed to the customer and should be paid by bank transfer or PayPal. Cheques will not be accepted.

3.5 Acceptance

3.5.1 After the customer has received their quote the customer must confirm their order via email. We will then email the customer our conformation to inform them that their order has entered the manufacturing process. The order conformation will be effective as of the date on which our email was sent. If we cannot accept your order, we will contact you by email. If there are errors, you should contact us as soon as possible.

3.6 Amendments to Order including Adding files/Changing files

3.6.1 After our conformation email is sent there can be no changes to the files or processes. This includes if the email has been read or not by the customer.

3.7 Lead Times

3.7.1 Lead times are estimated and NOT IN ANY WAY guaranteed. Infrequent and unpredictable factors like machine failure, power cuts and acts of God may cause orders to be delayed by several days. The customer must accept that public holidays could as an addition to the lead time when ordering.

3.7.1 MINIKIN cannot be held responsible for any losses to the customer regarding the lead time or shipping.

3.7.2 If orders take significantly longer than expected, a partial refund may be given to equal the cost of an Economy order, but no full refunds are given. We strongly recommend factoring additional time for shipping, especially if the customer is working to a deadline.

3.8 Shipping

3.8.1 The order will be delivered to the customers shipping address or will be available for pick-up depending on the service chosen. If the customer requests their order to be shipped, the shipping address must be provided by the customer before the order is confirmed. We are not liable for incorrect shipping addresses, and no refunds are given if incorrect shipping addresses are given. The customer cannot change the shipping address once the order has been shipped.

3.8.2 All packages are shipped with protected packaging and are sent by recorded delivery.

3.8.3 If a package is returned to us by the courier service, we will contact the customer to rearrange delivery. Additional charges may be charged to resend the package.

3.8.4 We are not liable for any damages or costs incurred to the customer as a result of delay in shipping or delivery.

3.9 Cancellation of your order or return of parts

3.9.1 Due to the nature of our Services, you cannot cancel your order once the order has been confirmed. Orders that contain non-refundable items can still be cancelled however; refunds cannot be given to non-refundable items.

3.9.2 We are not responsible for your design should it not work or not fit the designed purpose unless what we provide is substantially dimensionally different to what has been supplied to us in STL format.

3.10 Minimum Guaranteed Thickness

3.10.1 Parts are guaranteed with a minimum wall thickness of 2.5mm. We will print parts thinner than 2.5mm, but this is at the customer’s own risk. If a part or parts with less than 2.5mm thickness break in our hands, your hands, during delivery, or at any time during our service process, it will not be covered or reprinted for free. MINIKIN cannot be held responsible if a part or parts, which have a less then 2.5mm thickness, are printed which results in a failed or broken part.

3.11 Use of 3rd Party Companies

3.11.1 In certain circumstances, it may be necessary for MINIKIN to use a 3rd party company to complete orders or certain aspects of a job. e.g. finishing work. 3DPRINTUK cannot be held responsible if there are any problems or longer lead times caused by using this 3rd party. Although we strive to complete jobs within the lead times stated, we can not always guarantee these.

3.14 Delays to Order

3.14.1 In some very rare circumstances there may be a delay to your order, in these circumstances there may be a variety of reasons which include, but are not limited to; failure of Quality Control due to discolouration or damage, machine failure, power cuts, ‘Acts of God’.

3.14.2 If one or more of these issues do arise, we will re-print the affected files, but this may cause a delay to the order while we await the reprints. As these problems are always unforeseen, MINIKIN accepts no responsibility for missed deadlines and is under no obligation to offer a refund or any form of compensation. MINIKIN does not take any responsibility for delay due to shipping.

3.15 Part Accuracy

3.15.1 MINIKIN does not guarantee any part to any degree of accuracy. However, most parts are within +/- 0.5mm’s of the original dimensions, or 0.5% of the dimension, whichever is greater. Reprints will not be offered if a part falls to within the stated tolerances. If a part does fall outside of these tolerances, it is up to the discretion of MINIKIN if the part is to be reprinted.

3.15.2 Anything that is under our 2.5mm guaranteed thickness is not covered at all to any level of accuracy.

3.16 Order Refunding or Reprinting

3.16.1 In the rare cases that orders must be reprinted or orders are to be refunded due to issues with the printed parts, all received items must be shipped back to MINIKIN, costs incurred are the responsibility of the client returning the package.

3.16.2 MINIKIN will not begin the reprinting or refund the order until the package has been received and assessed for damage or any other anomalies. For this reason, MINIKIN recommends that orders are returned only via a tracked and recorded delivery service so that both parties have a record of the order being returned.

3.16.3 If MINIKIN believes that the parts originally supplied conform to our Terms and Conditions and were agreed upon in the order Disclaimer, MINIKIN will declare the order fit for purpose and will provide an explanation on the reasons why. No refund or reprint will be organised in this instance. Redelivery of the order is the responsibility of the client.

3.16.4 Any refunds or reprints that are agreed upon will complete within 10 working days unless otherwise stated, refunds or reprints are normally completed as quickly as possible. Shipping of the reprints conform to our Terms and Conditions.

3.17 Issues With Order/Complaints

3.17.1 Any issues that arise from any order that is placed with MINIKIN, must be made within 30 days of the order being received as per the tracking number provided at the time of dispatch. Failing to do so will waive all rights to any reprints or refunds. MINIKIN advises that you check all parts of your order when they arrive for any faults or issues.

 

4.0 Warranty

4.1 As MINIKIN is independent of the design of all parts. MINIKIN offers NO warranty on any parts and does not insure against design in any way.

4.2 Though 3D printing is an excellent and cost-effective way to manufacture low volume and one-off items, the quality and price are unlikely to match those of mass-produced items. Misunderstanding of strength, surface finish and cost are not grounds for a refund in any case.

4.3 MINIKIN MAKES NO WARRANTY OTHER THAN THOSE MADE EXPRESSLY IN THIS TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY LAW, MINIKIN 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. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

 

5.0 Fit for Purpose

5.1 All parts that MINIKIN manufactures are manufactured to a suitable standard. However, MINIKIN stresses that any part manufactured for any other purpose than that of prototyping should be submitted for testing by the relevant regulating bodies. MINIKIN accepts no responsibility for parts used for any other purpose than prototyping. MINIKIN recommends that parts are certified for their use and deemed fit for purpose.

6.0 Intellectual property

6.1 The Client represents and warrants to MINIKIN that any elements of text, graphics, images, designs, trademarks or other material supplied or disclosed to MINIKIN are the property of the Client or the Client has permission from the rightful owner to use each of those elements and that MINIKIN usage of such material shall not infringe the intellectual property rights of any third party. MINIKIN will inform the relevant governing bodies in the event that it finds itself in possession of an illegal image. Any product produced by MINIKIN for the Client using or containing anything supplied or disclosed by the Client which infringes the intellectual property rights of any third party will remain the liability of the Client and the Client will indemnify and keep indemnified MINIKIN against any loss, damage claim or expense arising out of such infringement.

6.2 Where all sums owed to us under this agreement have been received, MINIKIN will assign to the Client all intellectual property rights (including copyright) in the final product as are owned by us and capable of assignment. All images, text, layouts, website scripts and source code appearing on or associated with our websites are copyright of MINIKIN 2020. All media published on our websites remain the intellectual property of MINIKIN. MINIKIN shall have the right to use the Client’s name & logo royalty-free in its own marketing material.

 

7.0 Retention of title

7.1 All goods or services sold or supplied by MINIKIN remain our property until payment is made in full. Though the intellectual property of files is under the ownership of the client, data files and drawings produced will remain the property of MINIKIN until a release fee is agreed.

 

8.0 Functionality of digital designs created by MINIKIN

 

8.1 All designs will be to the best of our knowledge and ability, however with prototyping, this may take a few attempts to produce an item fit for purpose. After agreed client signs off on digital items, MINIKIN bears no responsibility for the fit, form and functionality of the parts produced. Amendments and future prints are subject to our standard chargeable rates.

 

9.0 Warranties and liabilities

9.1 MINIKIN warrants that to the best of its knowledge and belief the final product shall not infringe any third-party rights or be in any way contrary to English law. All other warranties or representations whether express, implied or statutory, with respect to our service, including, without limitation, any implied warranties of merchantability, accuracy, fitness for a particular purpose, or non-infringement are hereby excluded to the maximum extent permitted by law. No oral or written information or advice given by us shall create a warranty. MINIKIN maximum aggregate liability to the Client under this agreement shall in no circumstances exceed an amount equal to the total amount actually paid by the Client under this agreement. In no event shall MINIKIN be liable to the Client for any loss of business, loss of opportunity, profits or goodwill or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or we had been made aware of the possibility of the Client incurring such a loss. The Client shall indemnify and keep indemnifying MINIKIN from and against any and all damage, loss, costs, expenses (including legal costs and expenses) and liability whether civil or criminal which we may incur or suffer resulting from any act, neglect or default of the Client or its agents, employees or licensees, or the infringement of the intellectual property rights of any third party.

 

10.0 Confidential information

10.1 The parties agree to treat as secret and confidential and not at any time for any reason during or after the termination of the agreement to disclose or permit to be disclosed or made use of any confidential information concerning the other’s business which they may acquire in the course of the agreement.

 

10.2 The above restrictions shall not prevent: (a) the disclosure of information if required by law; or (b) the disclosure of information which is already in the public domain otherwise than through unauthorised disclosure by the Consultancy.

 

11.0 General

11.1 Amendment: Any valid alteration to or variation of this agreement must be in writing and signed on behalf of each of the parties by a duly authorised representative.

11.2 No Waiver: No failure of either party to enforce at any time or for any period any term or condition of the agreement shall constitute a waiver of such term or of that party’s right later to enforce all terms and conditions of the agreement.

11.3 Severance: If any provision of the agreement is declared by any judicial or other competent authority to be illegal, void, voidable or otherwise unenforceable, or indication of the same is received by either of the parties from any relevant competent authority, such provision shall be deemed severed from the agreement and the remaining terms of the agreement shall remain in full force and effect.

11.4 Force Majeure: Neither party shall be liable for any delay in performing or failure to perform its obligations under the agreement to the extent that and for so long as the delay or failure results from any cause or circumstance whatsoever beyond its reasonable control (an “event of force majeure”) provided that the event of force majeure is not due to the fault or negligence of that party. Each party shall use its reasonable endeavours to minimise the effects of any event of force majeure. The Client’s obligation to pay all amounts due under this agreement is explicitly excluded from the provisions of this clause.

 

11.5 Jurisdiction: The agreement is governed by and is to be construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

 

12.0 Use of the MINIKIN Website

12.1 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) rest with MINIKIN 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 MINIKIN is strictly prohibited. You also agree that you will not use any robot, spider, other automated devices, 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.

12.2 This Website may provide links to other websites that are not under the control of MINIKIN. MINIKIN shall not be responsible in any way for the content of such other websites. MINIKIN provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by MINIKIN of the content of such websites.

12.3 Since the MINIKIN 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 endeavour 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.

 

13.0 User-Generated Content

13.1 The term “User Generated Content” when used in this Terms and Conditions shall mean any content uploaded to the Website or sent to MINIKIN by you, including but not limited to all uploaded 3D designs, pictures of your 3D objects, pictures of any model, comments on the Website, specifications provided in your order as well as the printed model 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 mean copyright, patent, registered design, design right, trademark, trade secret or any other proprietary or industrial right.

13.2 MINIKIN 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.

 

13.3 ALL data created/supplied by you remains your own intellectual property, unless you grant us your permission to distribute and share images and information of your parts, this does not include distributing the 3D file(s) that you have supplied us with. By paying for your order you agree that if necessary we are able to outsource your 3D data to one of our carefully selected partners, who they themselves are covered under ours and their own non-disclosure agreements that they won’t be able to use any of your data without first seeking your permission.

 

14.0 Intellectual Property Rights of 3D Designs/Models/Prints

14.1 You, as a designer, retain ALL your intellectual property rights in your 3D design, including without limitation any and derivative works like 3D renders. Except for the rights and licenses specified below, MINIKIN shall NOT use, modify, display or distribute your 3D design or derivatives thereof. By sending us your 3D design, you warrant that it is either your original creation and not copied from any third party and/or entity or that you own the intellectual property rights of the design. 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 MINIKIN against third-party claims, and be held liable for all (direct and indirect) damages and costs incurred by MINIKIN with respect to such claims.

14.2 We retain the right to review and refuse any order when it, in our own discretion, appears to infringe third party intellectual property rights.

14.3 We are happy to sign non-disclosure/confidentiality agreements where necessary.

 

15.0 Consent to Use of Personal Data

15.1 By using our Services you agree that MINIKIN may collect and use personal data about you. Such information collected through this Website shall only be used for our own records and will never be sent, sold or distributed to any third parties without consent.

 

16.0 Limitation of Liability

16.1 These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the MINIKIN 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.

16.2 MINIKIN 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 MINIKIN FOR THE RELEVANT ORDER.

 

17.0 Indemnification

17.1 You agree to indemnify and hold MINIKIN, its partners, affiliates, distributors, dealers, agents and its and their employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorney’s fees) arising from or relating to any claims that result from your breach of these Terms and Conditions.

 

18.0 Change of the Website, the Services and these Terms and Conditions

18.1 MINIKIN 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.

19.0 Miscellaneous

19.1 These Terms and Conditions, together with the Privacy Statement and any other policies, guidelines, or FAQs posted by MINIKIN 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 MINIKIN. No amendment of these Terms and Conditions shall be binding upon MINIKIN unless in writing and signed by MINIKIN. 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.

 

20.0 Contact Information

20.1 If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending an email to hello@minikin.xyz

20.2 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. MINIKIN MAY CONTACT YOU TO ASK YOU ABOUT YOUR EXPERIENCES.

Minikin Ltd.

Launch Space
University of the West of England
North Entrance
Filton Road
BS16 1ZG

Minikin ©2020

Company Number: 12556046

Office hours: 

Monday - Friday

9 am  - 5pm 

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