TERMS AND CONDITIONS

Agreement between User and 3dptrain.com

Welcome to old.3dptrain.com. The 3dptrain.com website (the “Site”) is comprised of various web pages operated by Kmecik Enterprises (“3DP Train”). 3dptrain.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of 3dptrain.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

3dptrain.com is an E-Commerce Site

We print and sell 3D printed parts and railroad equipment for scale modelers. The products are sold by independent companies or individuals and printed and shipped by 3DP Train.

Privacy

Your use of 3dptrain.com is subject to 3DP Train’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting 3dptrain.com or sending emails to 3DP Train constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

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 you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that 3DP Train is not responsible for third party access to your account that results from theft or misappropriation of your account. 3DP Train and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

3DP Train does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use 3dptrain.com only with permission of a parent or guardian.

Cancellation/Refund Policy

We strive to produce merchandise of the highest quality. 3D printing is a relatively new manufacturing process and we are exploring the limits and boundaries of this technology. We aim to provide our customers with consistent quality; unfortunately, when exploring new technologies, there are times where this might not be the case. Due to the hands-on nature of the production and post-production; issues may arise. Please feel free to contact our customer assistance department with any issues or concerns. We appreciate your continued patience when issues do occur going forward.

Links to Third Party Sites/Third Party Services

3dptrain.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of 3DP Train and 3DP Train is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. 3DP Train is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 3DP Train of the site or any association with its operators.

Certain services made available via 3dptrain.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the 3dptrain.com domain, you hereby acknowledge and consent that 3DP Train may share such information and data with any third party with whom 3DP Train has a contractual relationship to provide the requested product, service or functionality on behalf of 3dptrain.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use 3dptrain.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to 3DP Train that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of 3DP Train or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. 3DP Train content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of 3DP Train and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of 3DP Train or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your 3DP Train account to third party accounts. By connecting your 3DP Train account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by 3DP Train from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the 3DP Train Content accessed through 3dptrain.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless 3DP Train, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. 3DP Train reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with 3DP Train in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and 3DP Train agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KMECIK ENTERPRISES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

KMECIK ENTERPRISES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. KMECIK ENTERPRISES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KMECIK ENTERPRISES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KMECIK ENTERPRISES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

3DP Train reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan and you hereby consent to the exclusive jurisdiction and venue of courts in Michigan in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and 3DP Train as a result of this agreement or use of the Site. 3DP Train’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of 3DP Train’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by 3DP Train with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and 3DP Train with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and 3DP Train with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Test Prints and Untested Design Error prints

3D printing is a complex process where many variables are at play. This means that it might be in your best interest to run a test print. If it passes 3Dp Train and your inspection you will be free to sell your product on our site.

If you choose not complete a test print and your item fails due to a design error, you, the creator, will be charged the wholesale price on your account. If your item does fail, you will need to redesign and complete a successful test print before you will be allowed to relist it on the marketplace. 3DP Train will deal with the customer service aspect of the failed print, including refunding the customers payment. All customers of 3Dp Train will also be covered by our guarantee.

Show representation

When signing up as a vendor there are 3 choices about show representation. If you choose to have products to be physically at the show and also sold at the show the following is applicable. 
 

By agreeing to this you are allowing 3dptrain to print, finish, display your products at train shows and sell them on your behalf. Products will have information about the designer and other relevant information. Vendors will not receive payment for the products used for displays. This may include a small amount of inventory being taken to shows.  All sales will be entered for your commission payments at the time of sale or within 12 hours. If your products do not sell at shows the inventory will be used to fulfill online sales or for the next show. 

We will assume this choice for future train shows and events. If you would like to change your preference you can do that by going to your vendor information page scrolling to the bottom and changing your option. 

Changes to Terms

3DP Train reserves the right, in its sole discretion, to change the Terms under which 3dptrain.com is offered. The most current version of the Terms will supersede all previous versions. 3DP Train encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

3DP Train welcomes your questions or comments regarding the Terms:

3Dp Train

[email protected]

Kmecik Enterprises

[email protected]

Effective as of March 01, 2021

Updated July 30th, 2024