The following are terms and conditions of a legal agreement between you and Divine Design Factory (“Divine Design Factory”, “Company” “we”, “us” or “our”). These terms and conditions (collectively with Divine Design Factory’ Privacy Statement, the “Terms and Conditions”) govern your use of www.divinethefactory.com, (the “Divine Design Factory Website” or “Website”),and the services, features, and content we offer (together with the Website and the Services, “Divine Design Factory 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.
These terms and conditions are the only conditions under which we are willing to sell the Services and Prototypes to you. These conditions can only be modified as set out in these conditions or by a variation in writing signed by a director of Divine Design Factory. These terms and conditions (including any documents referred to within them) contain all the terms on which we sell the Prototypes and services to you subject to clause, They supersede any prior promises, representations (except fraudulent misrepresentations), undertakings or implications made.We reserve the right to vary or amend these conditions from time to time. We will post a copy of the revised conditions on the Website. The conditions in force at the time we agree to sell Prototypes and services to you will apply to the contract between us for the sale of such Prototype and services.
Quotations represent no obligation on our part until we accept the buyer’s order. Quotations are given and orders accepted at prices then ruling, but we reserve the right to execute orders at prices ruling at the time of despatch. Prices may be increased in the event of changes in import duty, exchange rates or surcharges, VAT, freight charges, or manufacturers’ prices. We will endeavour to contact the buyer immediately if this is the case. Unless otherwise stated, prices quoted exclude packing, delivery and insurance costs, and any taxes, duties, surcharges and VAT payable on any sale to the buyer. We reserve the right to amend prices to correct omissions or errors. No discounts shall apply unless previously agreed by us in writing. 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. Payment shall be as follows:
a) For Design & Development Projects: Upfront payment according to milestones, subject to agreement with client.
b) For Prototype: Upfront payment required. We shall start the work upon receipt of the Purchase order and advance payment.
After accepting your order we will send you an order confirmation by e-mail address associated with your Divine Design Factory 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.
Due to the personalized feature of our Services (i.e. the Prototype or model is supplied by us based on your specifications), you cannot cancel your order after it goes into production.
Divine Design Factory warrants only that the model manufactured by us will substantially meet the features of the indicated Designs within the limitations of the 3D printing technology. You maintain sole legal responsibility for the design specifications and performance of the Prototype that is the subject of this transaction. Divine Design Factory does not give any warranty about the Prototype themselves and does not guarantee that the Prototype will be fit for any particular purposes. Please inspect the Prototype upon receipt immediately. If the Prototype is faulty when you received it and you believe you are entitled to a replacement in accordance with the warranty above, please contact us within 3 days after receipt of the Prototype. Such warranty claim can be made only within 3 days after receipt of the model by you. Do not return the Prototype unless we require you to do so. We will confirm whether you are entitled to a replacement or refund. If we do not receive any notice within the provided 3 days we will assume the Prototype meets your specifications and performance requirements.
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.
We shall not be responsible for any damage caused during shipping. We strongly advise that you pay for a shipping insurance.
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 without limitation 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 without limitation Models) contained in or accessed through the Services.
Any claim by the Customer in respect of any alleged defect in materials or workmanship shall be subject to the following:
(a) In the event of the Customer notifying the Company in Writing of an alleged defect in the materials or workmanship in the Prototype, the Company will then, at its option, either inspect the Prototype at the Customer’s premises or require the Customer to return the Prototype at the Customer’s expense.
(b) In the event that the Prototype in question are found by the Company, upon examination, not to be defective, the Customer agrees to pay to the Company all costs reasonably incurred by the Company in examining, handling and storing the Prototype and that the Company shall be entitled to retain all Prototype returned to it as security for such costs.
(c) In the event of the Prototype being found by the Company to be defective either in materials or workmanship, the Company will:
(i) at its option, repair or replace the defective Prototype’s Designs only
(ii) Save as aforesaid, the Company shall not be liable to the Customer for any loss or damage of whatsoever nature arising from or as a result of any defect in the Prototype supplied by the Company or any statement made by or on behalf of the Company with respect to such Prototype, whether such loss or damage is sustained by the Company or any third party.
(iii) The Company shall not, in any event, be liable for any loss or damage, direct or indirect, caused by any misuse, negligence or any party other than the Company, faulty installation by any party other than the Company, failure to comply with the Company’s recommendations and instructions, corrosion, abrasion, accidents or by use with equipment or other materials incompatible with the Goods.
(iv) It is further agreed and acknowledged by the Customer that the price paid by the Customer for the Prototype takes into account the aforesaid limitations of the Company’s liability. If the Customer wishes to negotiate an extended warranty or any extension or exclusion of the aforesaid clauses, such extension or exclusion must be agreed in writing with the Company and will be reflected in the price payable by the Customer.
Without limiting the generality of the foregoing, we assume no responsibility or liability for the selection of materials. You maintain sole legal responsibility for the selection of materials that fit the requirements of your specifications and performance of the Model.
The Company will provide a reasonable estimate of the delivery date to customer when the Company provides an Order Acknowledgement. The Company shall take reasonable steps to meet the delivery estimate, however circumstances beyond the control of the Company can cause additional unexpected delays. Customer shall not be entitled to cancel or change the terms of its Purchase Order arising from such delays unless such delays are caused by negligence of the Company.
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 the Model to the shipping address within the delivery time indicated in our confirmation email; nevertheless, depending on your shipping address it may take 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 Divine Design Factory to the shipment carrier.
Customer undertakes that customer is the owner of the intellectual property of designs provided to Divine Design Factory for the purposes of manufacturer or that customer is entitled to use any intellectual property contained in designs supplied to the Divine Design Factory. Customer indemnifies the Company from any claim for intellectual property infringement arising from the Company manufacturing products based on the designs provided by customer.
The Company undertakes to use designs supplied by customer only for the purpose of manufacturing products ordered by customer, or to use as material evidence of improper design in the event of dispute arising from alleged quality defects arising from manufactured products the Company has supplied to customer or goods that have been partly manufactured but cannot be completed as a result of defects in the information supplied.
The Customer acknowledges that he is exclusively responsible for detailing the specification for all services and prototypes ordered from us, for ascertaining the use to which they will be put, and for determining their ability to function for that purpose. Accordingly, we have no liability arising out of any advice given by us to the buyer relating to his requirements in respect of any goods.
By using our Services you agree that Divine Design Factory may collect and use personal data about you. Such information collected through the Services shall only be used in accordance with the Divine Design Factory Privacy Statement.
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.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable Solicitors’ fees, that arise from or relate to your use or misuse of, or access to, the Services, content, or otherwise from your User Generated Content, Models, violation of these Terms and Conditions, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right, , claim or action, including but not limited to personal injury or property damage of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.
These Terms of Service shall be governed by the laws of India without regard to the conflicts of law principles thereof. You agree that any and all disputes arising from or relating to the subject matter of these Terms of Service, 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 courts located in Rajasthan, India.
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, without limitation, mechanical, electronic or communications failure or degradation.
Assignment. These Terms of Service 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.
Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. 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 of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending an email sending an email, firstname.lastname@example.org.