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TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All Users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. The name ColoriLAB (i.e., the company or the enterprise or the corporation or the merchant) refer to and can be employed interchangeably with the names or web site address colorifilament.com, colorifilament, ColoriLAB Filament. If you do not agree to these terms and conditions, please do not use this site.
English Language
In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English or French.
Delivery, Shipping, Customs & Returns policies
Visit our Delivery, Shipping, Customs & Returns policies page to read and agree to those terms and policies too.
Electronic communications
When you visit ColoriFilament.com or contact us by e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site and/or its other sites and/or its social groups, pages, accounts (its "Space" or “Profile” or “Page”) over social communities sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
The entire content included in this site, regardless of its nature, such as text, look & feel, graphics, images, logos, audio clips, digital downloads, data compilations, and software, is copyrighted as a collective work under the law of the Province of Quebec in Canada and other copyright laws, and is the property of ColoriLAB. The collective work includes works that are licensed to ColoriLAB and its web site(s). Copyright ColoriLAB ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with ColoriLAB or purchasing ColoriLAB products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with ColoriLAB or to purchase ColoriLAB products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by ColoriLAB. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of ColoriLAB used in the site are trademarks or registered trademarks of ColoriLAB. ColoriLAB, ColoriLAB.com, Colorifilament.com and other ColoriLAB names, words, graphics, logos, web domain names, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade design (trade dress) of ColoriLAB in Canada and/or other countries. ColoriLAB's trademarks and trade design may not be used in connection with any product or service that is not ColoriLAB's, in any manner that is likely to cause confusion among Customers, or in any manner that disparages or discredits ColoriLAB. All other trademarks not owned by ColoriLAB that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ColoriLAB.
Warranty Disclaimer
This site and all content, information, materials, services, products, softwares on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, ColoriLAB disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. ColoriLAB does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. ColoriLAB does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states or province may not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
ColoriLAB shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if ColoriLAB has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Alpha phase, Beta phase, Crowdfunding phase and Presales and Group buy orders
The web site Colorifilament.com offers two ways for Users to add products that they want to buy. If the given product is in stock, Users have the ability to add the product to the regular cart to order and pay the product immediately. If the product is not in stock, the Users have the ability to add the product to the Group Buy cart. The Group Buy cart plays the role of a pre-order list or a role similar to a purchase order. Users that add products to their Group Buy cart won’t pay immediately. As it is usual to many crowdfunding campaigns, the Group Buy carts (the pre-sale orders or purchase orders) received will be accumulated until a large total order quantity of products is reached. Then the Group Buy carts will be converted to firm orders. At this point, these orders will be billed and the Users or Customers will need to remit online by checking out over Colorifilament.com.
During the Alpha, Beta and Crowdfunding period, ColoriLAB only responsibility about presales and preorders and Group Buy orders is to refund the User or Customer up to the amount paid by the Customer in the event that ColoriLAB can not ship the User's or Customer’s order. In all other circumstances, in the event that ColoriLAB can not ship the Customer's order, ColoriLAB only responsibility is to refund the Customer up to the receipt total. If the order has been shipped fully or in part, and under orther circumstances, ColoriLAB Return & Exchange policy applies. ColoriLAB reserves the right to charge fees for service, processing, handling, restocking, financial and/or transaction fees, among others.
Patents
One or more patents and/or pending patents owned by ColoriLAB may apply to this site and/or to the products, features and services available via the site. Portions of this site may operate under license of one or more patents.
License and site access
ColoriLAB grants you a limited license to access and make personal use of this site and not to download (other than browser page caching temporarily) or modify it, or any portion of it, except with express written consent of ColoriLAB. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, scraping tools, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be copied, reproduced, duplicated, resold, sold, visited, or otherwise exploited for any commercial purpose without express written approval of ColoriLAB. You may not frame or utilize framing, as frame masked redirection techniques among other techniques, to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ColoriLAB without express written permission. You may not use any meta tags or any other "hidden text" utilizing ColoriLAB's name or trademarks without the express written consent of ColoriLAB. Any unauthorized use terminates the permission or license granted by ColoriLAB. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to ColoriLAB so long as the link does not portray ColoriLAB, or its products or services in a false, derogatory, misleading, or otherwise offensive matter. Users may not use any ColoriLAB logo or other proprietary graphic or trademark as part of the link without express written permission.
Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and other devices, and you agree to be held responsible for all activities that occur under your account or password. It is your responsibility to keep your password in a safe place and renew it often. ColoriLAB may sell children's products, but it sells them to adults, who can pay for with a credit card or other permitted payment method. If you are under 18, you may use ColoriLAB only with involvement of a parent or guardian. ColoriLAB reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Content by Users: comments, communications, reviews and other content
Users may be able to post reviews, comments, photos, and other content; and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, a few uses email address or disposable email address, impersonate any person or entity, or otherwise mislead as to the origin of an email or other content. ColoriLAB reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant ColoriLAB a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ColoriLAB and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you possess or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ColoriLAB for all claims resulting from content you supply. ColoriLAB has the right but not the obligation to monitor and edit or remove any activity or content. ColoriLAB takes no responsibility and assumes no liability for any content posted by you or any third party. In addition, services, features and products developed by ColoriLAB or its Users might be identical or similar to a submitted content obtained by ColoriLAB or its Users. When we refer to a "submission" or “submitted content” in this paragraph, we mean: any comment, submission, or suggestion (including, but not limited to, ideas, products, documents, texts. images, medias or services and suggested changes) made either on the Colorifilament.com web site or to ColoriLAB about an existing product or service on, or a feature of, or a proposed addition to, the ColoriLAB web site(s).
With regard to User submitted content:
A) all such submissions are non-proprietary and non-confidential and will be treated as non-proprietary and non-confidential;
B) ColoriLAB and its Users will have no express or implied obligation or liability of any kind concerning the submitted content, including, for example, any use or disclosure of the submissions; and,
C) ColoriLAB and its Users are entitled to disclosure or unrestricted use of the submitted content for any purpose whatsoever, all without compensation to the User that submitted the submission.
Typographical Errors
In the event that a ColoriLAB product is mistakenly listed at an incorrect price, ColoriLAB reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. ColoriLAB reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card, or any other payment method, charged. If your credit card, or any other payment method, has already been charged for the purchase and your order is cancelled, ColoriLAB shall issue a credit in the amount of the incorrect price.
Descriptions of products
ColoriLAB attempts to be as accurate as possible. However, ColoriLAB does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ColoriLAB itself is not close to be as described, your sole remedy is to return it in unused condition. See our RETURNS policy.
Price
The currency is specified beside prices by its ISO 3166-1 alpha-2 country code and by its currency symbol. The List Price displayed for products on our website represents the full retail price listed on the product itself or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere, except where noted otherwise. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. The prices may vary. For certain items that are offered as a set, the List Price may represent the cumulative of the estimated or suggested retail price for each of the items included in the set. With respect to items sold by ColoriLAB, we cannot confirm the price of an item until you order. Despite our best efforts, items may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies only to products sold and shipped by ColoriLAB.
ColoriLab Subscription Terms
The privileges associated to the subscription plan you selected take effect within minutes of our reception of your payment. With or without notice, you will automatically be billed each month to maintain the privileges associated to the selected subscription plan, until you cancel your subscription. You agree that all subscriptions are recurring and will renew automatically. Hence you authorize us and our payment partners to store your payment information and to charge your payment method each month, until you cancel your subscription. The then-current subscription plan monthly fee will be charged, plus applicable taxes (such as VAT or GST if the subscription plan monthly fee does not include it).
The subscription plan rates may change with or without notice. Still, we will use best effort to notify you ahead of time about any upcoming change to your plan’s rate and renewal term, while also allowing to to choose to cancel your subscription plan. If the applicable sales tax rate (or other tax or duty included) changes during your monthly subscription term, the tax rate and/or price will be adjusted to the selected subscription fees on your next billing date.
Subscription Payment Failure
If a payment attempt fails, the settlement attempt will be automatically retried hours later. This scenario will be attempted a few times. If all settlement attempts fail, then we reserve the right to pause or cancel your subscription and its associated privileges.
Subscription Cancellation and Modification
Accessible from within your ColoriLab account, you can change from a subscription plan to another, or cancel your current subscription plan. Once you cancel your subscription, your subscription privileges will stay effective until the end of the current month’s billing period. ColoriLab does not offer prorated refunds for canceled subscriptions. Please keep in mind that you are solely responsible for properly canceling your account.
Subscription Management
You can managed your subscription and your payment details over your subscription account, accessible from within your ColoriLab account.
Subscription Refund
If you request it, we can refund you your last subscription payment, if and only if you did not make any purchases which allowed you to enjoy privilege rates or prices, since. Hence, if you did not make any privilege purchases (rates or prices) during the current subscription month, then we can refund up to this entire subscription payment. We only refund up to one (1) entire subscription monthly payment of your subscription plan. Prior monthly fees are not refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for prior unused subscription months. No exceptions will be made, in order to treat everyone equally.
Loyalty rewards and vouchers
Loyalty rewards can be obtained. Loyalty rewards must be converted into vouchers. Vouchers can be utilized as discounts applicable to the purchase of 3d printer filaments only, unless otherwise specified.
Loyalty rewards are valid for a (1) one year period from the date they were obtained. After that one year period, the rewards are no longer valid and can't be converted into a voucher nor applied to a purchase.
A voucher is valid for a period of 90 days. After that period, the voucher is no longer valid and can't be applied to a purchase. Vouchers may or may not be combined to other discounts or other vouchers. The cart manages vouchers and discounts before checkout.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by ColoriLAB without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
ColoriLAB may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to ColoriLAB.
Applicable law
By visiting ColoriLAB, you agree that the laws of the Canadian Province of Quebec, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ColoriLAB.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the province of Quebec, Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of ColoriLAB products) shall be in the provincial or federal courts located in the Province of Quebec, Canada. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of ColoriLAB products) must be commenced within one (1) year after the claim or cause of action arises. ColoriLAB's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. ColoriLAB may assign the terms, any rights, licenses and duties under this Agreement to any party at any time without notice to you, but they may not be transferred or assigned by any User.
Disputes
Any dispute relating in any way to your visit to ColoriLAB, its other sites or to products or services sold or distributed by ColoriLAB or through ColoriLAB in which the aggregate total claim for relief sought on behalf of one or more parties shall be adjudicated in the Canadian Province of Quebec, and you consent to exclusive jurisdiction and venue in such courts.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a ColoriLAB or other licensed employee, host, or representative, as well as other members or Users on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
ColoriLAB does not and cannot review all communications and materials posted to or created by Users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute User-generated content on the site, ColoriLAB is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, ColoriLAB reserves the right to block or remove communications or materials that it determines to be 1) abusive, defamatory, or obscene, 2) fraudulent, deceptive, or misleading, 3) in violation of a copyright, trademark or; other intellectual property right of another or 4) offensive or otherwise unacceptable to ColoriLAB in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless ColoriLAB, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. By the present agreement, you agree not to enact a fact or cause on behalf of ColoriLAB in the case wherein a lawsuit is launched against the said Company following the violation of the aforementioned terms & conditions by you or any other person who used your account on ColoriLAB and its other sites.
Loss, irregularity, damage
All items purchased from ColoriLAB are made pursuant to a shipment contract. This means that the risk of loss and damage for such items pass to you upon pickup by the carrier (ExW Incoterms 2010). Upon delivery and upon obtaining the package, inspect the package immediately and report, right away & before the carrier agent, any damage or defect or irregularity to the carrier. Express small packages carriers automatically insure small packages up to a maximum value (refer to their policies). ColoriLAB suggests that the User should always properly insure parcels, packages or shipments.
Third Parties
Parties other than ColoriLAB may provide services, or sell products on this site. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. ColoriLAB does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their policies, privacy statements and other conditions of use.
In an attempt to provide increased value to our Users, ColoriLAB may link to sites operated by third parties. However, even if the third party is affiliated with ColoriLAB, ColoriLAB has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ColoriLAB. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ColoriLAB seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on its own site and also for sites it links to as well (including if a specific link does not work).
Acts of God
ColoriLAB shall not be held liable for non-performance, in whole or in part, of any of its obligations whatsoever toward you, nor for damages or losses you may suffer, if such non-performance, damages or losses result from an Act of God or from circumstances beyond its control.
Site Policies, Modification, and severability
Please review our other policies posted on this site. These policies also govern your visit to Colorifilament.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.