General Terms and Conditions

3D-Tool USA – General Terms and Conditions

3D-Tool USA is a reseller of 3rd party software applications in compliance with formal agreements with the software developers and providers.

3D Tool USA represents and warrants that upon the sale of a product to you, 3D Tool USA will be the lawfully contracted reseller thereof, and will have full right, power, and authority to sell, deliver or provide the same to you.

WHEN PURCHASING ANY PRODUCT FROM 3D-TOOL USA THE CONSUMER SHALL BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BY THE END USER LICENSE AGREEMENT (EULA) DIRECTLY WITH THE ORIGINATOR OF THE SOFTWARE: 3D-TOOL GMBH & CO. KG.  NO OTHER CONDITIONS OR PROVISIONS STATED OR IMPLIED BY 3D-TOOL USA CONCERNING THE SOFTWARE OR LICENSING ARE VALID OR ENFORCEABLE.

3D Tool USA PROVIDES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR END USE BY THE CUSTOMER.
IN NO EVENT WILL 3D Tool USA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF INFORMATION FROM THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, OR BUSINESS INTERRUPTION.

3D Tool USA's liability for any claims whether based in contract or tort, including negligence, whether in law or equity, for any loss or damages arising or resulting from, or connected with the products or your purchase of the products hereunder, shall be limited to the actual the price paid by you for the product that is the subject of the claim. You may have additional rights under certain laws (such as consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, 3D Tool USA's exclusions or limitations may not apply to you.

Terms of Website Usage

The following terms govern your purchase of products from 3D Tool USA. Please read them carefully. If you use this website to purchase products through our system, this will indicate your acceptance of the terms below.
This Agreement is the complete agreement regarding your acquisition of a product from 3D Tool USA using our website, and replaces any prior oral or written communications between you and 3D Tool USA.

Terms for purchasing from 3D-Tool USA:

Orders can be made via E-Mail, fax or mail to 3D-Tool USA as well as via the online shop.

We provide an online mechanism by which you the consumer may order and pay for software using a Credit Card or similar financial instrument. This website is linked to a secure Paypal processing gateway. Since payment is done directly through a 3rd Party provider (Paypal), 3D-Tool USA is never in possession of your Credit Card or account information. All issues concerning liability fall under the Paypal terms and conditions.

You may choose not to use the web based Paypal service. In which case to process the order call our office and provide the credit card information. We will process it using a secure Intuit payment portal. Immediately after processing the payment all credit card and personal information used in that transaction are destroyed.

We are not liable for any incidental or consequential damages related in any way to your use of this ordering website beyond the purchase amount paid.
Company purchase orders are another accepted option for purchasing software. Request a quote; provide a purchase order; then you will be invoiced for the full amount at agreed upon payment terms.

An order is a binding offer to 3D-Tool USA towards the conclusion of a sales agreement. However, the contract shall not be concluded until 3D Tool USA has confirmed the order or delivered the ordered goods.

The automatically generated confirmation of receipt of an order in the online shop of the 3D Tool USA does not constitute the conclusion of an agreement. It is merely a confirmation that the order was placed.

When ordering in the online shop the goods intended to be ordered are stored in the “Shopping cart”. The accordant button in the navigation bar enables the customer to edit the contents of the shopping cart at any time. By using the button “Shopping Cart” the customer is taken to the ordering form to enter the billing address, and to select the mode of payment and, in case of payment by credit card, to enter the credit card details. Before finally sending the order the customer will be able to verify all details, to make changes or to cancel the order.

If licenses are ordered by mistake, the licenses can only be canceled or changed within a time limit of five (5) days after conclusion of the agreement, if the Activation Keys have not been used to activate the Software. 3D Tool USA is to be given written (email or fax) notice of an incorrect order.

In the event that Licenses are ordered on behalf of a third party such order shall only be permitted upon disclosure of the representation itself and the person and company being represented. The License Certificate will in such case be directly issued in the name of the person/company being represented. The representative will not be granted any License.

Payment, Duties, and Taxes

Payment to 3D Tool USA may be by credit card.

Minnesota residents will be charged 6.875% sales tax on all purchases. Additional Minnesota county/city/local sales taxes will be paid by 3D-Tool USA.

Purchases by residents of other U.S. States or foreign countries are responsible for payment of all duties and taxes to their local tax jurisdictions. Customs duties and taxes are assessed, generally, if the merchandise is dutiable and the value of the item is above the threshold set by the country's laws. If duties and taxes are assessed on an item, they are collected from the recipient.

Software Delivery and Services

Unless otherwise agreed upon, the Software License Certificate shall be delivered in the current version within 48 business hours of the purchase agreement.

The appropriate version of Software for the license purchased will be available for download from this website.
3D-Tool GmbH & Co. KG will ensure the availability of the download for thirty (30) days from the date of the License Certificate delivery.

The License Certificates required to activate the Software will be sent to the customer via e-mail or via regular mail. After installation, to use the Software it must be activated with the authorization key from the License Certificate.

The customer shall be responsible for an adequate backup of the provided Software and License Certificate(s).

3D-Tool USA does not offer or provide physical shipment. All required software and licensing shall be accomplished electronically.

Should 3D-Tool USA, or 3D-Tool GmbH & Co. KG not be able to fulfill its obligations due to unforeseeable, extraordinary circumstances that 3D-Tools GmbH & Co. KG cannot prohibit, despite due diligence, the delivery period shall be prolonged for a reasonable period of time, not to exceed a maximum time period of eight weeks.
If the delivery, or the provision of services, should become impossible for the reasons listed above the 3D-Tool GmbH & Co. KG shall be exempted from the duties to perform its obligations.

Copyright/Intellectual Property

This entire web site is copyrighted under United States law and protected by worldwide copyright laws and treaty provisions. Users of the site may download or print copies of any materials on the site for personal, non-commercial use, provided that they do not modify or alter the materials in any way, nor delete or change any copyright or trademark notice. All material on this site is provided for lawful purposes only. None of the information on this site may be copied, distributed or transmitted in any way for commercial use without the express written consent of 3D Tool USA.

3D Tool USA does not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to 3D Tool USA will be deemed to be NON-confidential unless expressly stated in the communications that accompany the materials. Let it be known that any materials sent to 3D Tool USA that are not covered by a non-disclosure agreement or statement, thereby grants 3D Tool USA an unrestricted, irrevocable license to use, reproduce, display, modify, transmit and distribute those materials or information (eg. Unrestricted models may be used in our software demos or tutorials). You also agree that 3D Tool USA is free to use any recommendations, ideas, concepts, know-how or techniques that you send us for any purpose without compensation. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this website will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Cookies

To use the Purchasing page to order software on this 3D Tool USA's Web site requires the use of per session cookies by your Web browser. The cookie option in the browser must be set to "accept" or "prompt to accept cookies" in order to proceed. After the browser window closes, the cookie is gone.

Export Restrictions and Regulations

The customer acknowledges and agrees that the Software is subject to the export control laws and regulations of the United States and the United Kingdom. Notwithstanding any other obligation pursuant to this Section, the customer is obliged to independently monitor and comply with the obligations and requirements arising out of said export control laws and regulations.

Per the EULA the Software may not be exported, re-exported, or transferred to end users engaged in activities related to weapons of mass destruction except as authorized by the export laws and regulations of the United States. Such activities include but are not necessarily limited to activities related to: (1) the design, development, production, or use of nuclear materials, nuclear facilities, or nuclear weapons; (2) the design, development, production, or use of missiles or support of missiles projects; and (3) the design, development, production, or use of chemical or biological weapons.

If additional costs for customs, fees, taxes or duties are payable in the course of a transnational delivery or performance, the customer shall carry these costs. The customer shall be liable for and shall bear all taxes and dues incurring in his country.

Arbitration

You and 3D Tool USA agree to submit all disputes of whatever kind or nature, whether in law or equity, arising out of this transaction to binding arbitration only, to be conducted pursuant to the rules of the American Arbitration Association, to be held in a location mutually agreeable to the parties. No arbitration or action, regardless of form, arising out of a Purchase may be brought or commenced by either party more than one (1) year after the dispute or cause of action arose.

If you have any questions, contact us

3D Tool USA e-commerce T's and C's  v. 2021-4-1