The following are terms and conditions of a legal agreement between you and ParaForma Pty Ltd. and its affiliates (collectively, “ParaForma”, “we”, “us” or “our”). These terms and conditions govern your use of www.paraforma.com.au, (the “ParaForma Website” or “Website”), any mobile applications (the “Applications”), and the services, features, and content we offer (together with the Website and the Applications, “ParaForma Services” or “Services”).
By using the Services, you acknowledge you have read, understood and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. You also certify that any purchase from the ParaForma Website does not violate any federal law or regulation. If you do not agree with these Terms and Conditions, you should not use our website, applications, or services.
1. ParaForma Service The ParaForma Service is solely used to sell and distribute our designs to you, the customer.
If you wish to purchase one of our designs, you can place an order with us and we will process and send the requested item to a third party for production. Postage costs vary depending on the chosen service and the customer’s address location.
The third party manufactures our product via the ParaForma website, in the materials requested, and ships it to the requested address.
2. Account Terms You represent and warrant that you are at least 18 years of age to use this Service. If you are under 18 years of age, you may use ParaForma.com.au only with involvement of a parent or legal guardian. We may, in our sole discretion, reserve the right to refuse to offer our Services to any person or entity, and change our eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
When signing up for an account, you must agree you shall not: (i) select or use as a username the name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your Service password and Account, and are solely responsible for all activities that occur on your Account. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. 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 or to terminate the service of anyone at any time without notice for any reason. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
3. Ordering (a) Placing an order. To order one of our designs, you select one of our available models. Then you select the materials available and the quantity of that specific design. Next we will ask you to provide us with the information we need for the delivery of the design of your choosing. Finally you will be prompted for information required to initiate the first and final payment of this design.
Depending on the payment method you select, you may be redirected to a third party payment provider website. Please know that the language that is used during this whole process is in English only.
(b) Unacceptable orders, cancellation of orders by us. If a design is available through our Website, the default assumption is that it can be produced. There are, however, technical or other reasons why ParaForma may not accept or may cancel your order during the entire ordering process, such as the destination of the delivery you indicated in your order. In case we cancel your partial or entire order, we will contact you via email and, except in cases of fraud or other violations of our policies, issue you a full refund for the cancelled item(s).
(c) Prices. The prices displayed on the website are only indications and are valid only for the moment that they are displayed. ParaForma reserves the right to change its prices on the website at any time without prior notice to you. Such change however will have no effect on orders completed before the posting of a new price on the website. 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. In the event of an error, any monies paid related to that order will be refunded to you.
(d) Payment and price. The amount indicated on the ordering page includes the fee for the service (such as printing and packing the model), the price for the materials used to produce the design, and, if applicable, the mark-up charged by the designer. The price quoted on the website includes shipping costs, sales tax (if applicable) but excludes any import duty or taxes (if applicable). ParaForma offers estimated currency conversions as a courtesy to users. These estimates are not guaranteed and may not reflect actual currency conversation rates. If you pay in a currency that is different from the denominated currency of your payment method (which is most likely the case if your bank or credit card account is not denominated in U.S. Dollars, Euros or Australian Dollars), your payment company (such as your credit or bank card issuer) or a third-party payment processor may apply a currency conversion rate or fees to your payment. Please contact your provider for information about these fees. These fees are not controlled by or known to ParaForma.
You may initiate your payment for your order via credit card or via PayPal.com. If you choose to pay using PayPal you will be directed to the PayPal.com website.
For orders paid for via credit card or PayPal, ParaForma will begin production after authorizing and holding payment. For orders paid for via bank transfer, ParaForma will begin production after the funds arrive in the third party production company’s bank account.
(e) Acceptance. After accepting your order, we will send you an order confirmation by e-mail to the email address associated with your ParaForma 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 sending an email to customer service.
(f) Order Tracking. Through the website or – if you choose so – via e-mail notifications, you can track the status of your order e.g. accepted order, produced, dispatched, delivered etc.
(g) Shipping. Your order will be delivered to your shipping address. We deliver to multiple countries. You can only select those countries as your shipping address during the ordering process. We will use our commercially reasonable efforts to ship our designs to the shipping address within the delivery time indicated in our confirmation email; however, depending on your shipping address it may take longer than expected. 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 ParaForma or any third party companies to the shipment carrier.
(h) Cancellation of your order, return of designs. Due to the personalized nature of our Services (i.e. the design is supplied by us based on your specifications), you cannot cancel your order after it goes into production. Orders that contain non-refundable items are still cancellable, however note that refund or cancellation will not apply to items in the order that are non-refundable.
4. Warranty; Disclaimer. ParaForma warrants only that the model manufactured of the third party will substantially meet the features of the represented model on our side, within the limitations of the 3D printing technology. Due to 3D printing technology being ‘experimental’, and the custom-designed nature of each product, every design will be unique and will not appear exactly as the rendered images presented in the final product pages. Thus the rendered Images DO NOT represent the final design that you will receive, only a close estimate. Due to the nature of traditional jewellery polishing, some of the volume of your design will be reduced due to its polishing techniques. For more exact representations of our products visit our Gallery Page on the ParaForma website.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: (a) which users gain access to the Services; (b) what content you access via the Services; or (c) how you may interpret or use the content.
You release us from all liability for you having acquired or not acquired content through the Services. We make no representations concerning any content (including but not limited to 3D Models) contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content (including but not limited to 3D Models) contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
PLEASE NOTE THAT, UNLESS OTHERWISE STATED IN THE DESCRIPTION FOR A SPECIFIC MATERIAL, THE MATERIALS WE USE FOR MANUFACTURING THE 3D MODELS MAKE THE 3D MODELS SUITABLE ONLY FOR DECORATIVE PURPOSES AND THEY ARE NOT SUITED FOR ANY OTHER PURPOSE. THE 3D MODELS ARE NOT SUITED TO BE USED AS TOYS, OR TO BE GIVEN TO CHILDREN. THE 3D MODELS SHOULD NOT COME IN CONTACT WITH ELECTRICITY OR FOOD OR LIQUIDS AND SHOULD BE KEPT AWAY FROM HEAT.
5. Use of the ParaForma Website. Copyright and all other proprietary rights in the content of the Website and the Services (including but not limited to software, audio, video, text and photographs), rests with ParaForma or its licensors. All rights in the content not expressly granted herein are reserved. Except as otherwise provided, the content published on this Website may be reproduced or distributed in unmodified form for personal, non-commercial use only, provided that it is attributed to ParaForma. Any other use of the content, including but not limited to distribution, reproduction, modification, display or transmission without the prior written consent of ParaForma is unlicensed by ParaForma. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. You agree not to use any robot, spider, or other automated device to drive traffic to a specific model or shop page in order to manipulate where that model or shop appears on the Service. Our rights include 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 ParaForma. ParaForma shall not be responsible in any way for the content of such other websites.
Since the ParaForma Service is a web-based service, it may 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 do not guarantee that any content will be made available on the Website or through the Services. We reserve the right to, but do not have any obligation to remove, edit or modify any content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content, or if we are concerned that you may have violated these Terms and Conditions).
We are not responsible for any losses suffered by you as a result of any interruption of the Website, or by the suspension of your access to the Website.
6. Consent to Use of Personal Data. By using our Services you agree that ParaForma may collect and use your personal data.
7. Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
8. Payments and Billing. Certain aspects of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms and Conditions.
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms and Conditions. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE ON YOUR ACCOUNT SETTING PAGE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
9. Applicable Law. These Terms and Conditions and the use of Services shall be governed by the laws of NSW, Australia, without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than NSW, Australia. You agree that any and all disputes arising from or relating to the subject matter of these Terms and Conditions, including disputes relating to the validity thereof, and any disputes related to the use of the Services, shall be governed by the exclusive jurisdiction and venue of the federal and state courts located NSW, Australia.
10. Miscellaneous. (a) Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including but not limited to mechanical, electronic or communications failure or degradation.
(b) Assignment. These Terms and Conditions are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
(c) Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
(d) Notices. Unless otherwise specified in these Term and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org
(e) No Waiver. Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
(f) Headings. The section and paragraph headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
(g) Feedback. Since we always want to further improve our Services, we welcome all comments, suggestions, recommendations and feedback (collectively, the “Feedback”). You hereby grant to us a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Services.
11.Contact Information If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending an email; email@example.com
12. Changes to These Terms We reserve the right to change these Terms and Conditions from time to time and will post any revisions on our Website and may also provide notice to you through the service or via email. Therefore we encourage you to check the Website often to read the latest version. All transactions are subject to the Terms and Conditions in effect at the time of the transaction.
SHOULD YOU EXPERIENCE ANY PROBLEMS, PLEASE CONTACT US AND WE WILL DO OUR BEST TO FIX IT AS SOON AS POSSIBLE. PARAFORMA MAY CONTACT YOU TO ASK YOU ABOUT YOUR EXPERIENCES.