Terms governing the eLUXE3D website, product orders, and related services
Effective Date: January 1, 2025
Applies To: www.eluxe3d.com, related online forms, orders, products, and services
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These General Terms and Conditions ("Terms") form a binding agreement between eLUXE3D, Inc. ("eLUXE3D," "we," "us," or "our") and the person or organization accessing our website or purchasing our products or services ("you" or "Customer"). By using the website, submitting an order, accepting a quote, or using an eLUXE3D product or service, you agree to these Terms. If you act for a company, you represent that you have authority to bind that company. |
1. Scope and Order of Precedence
These Terms govern use of www.eluxe3d.com (the “Site”), online forms and portals, quotations, orders, 3D scanners, scan spray, accessories, software, training, support, installation, repair, and related services. A signed quotation, order form, reseller agreement, subscription agreement, software license, warranty, statement of work, or other written agreement may contain additional or different terms. If there is a conflict, the following order controls: (1) a signed written agreement or order form; (2) the applicable product warranty or software license; (3) the Refund Policy; and (4) these Terms.
2. Eligibility and Authorized Use
You must be at least 18 years old and legally able to enter into a contract. eLUXE3D scanners, software, scan spray, and related services are designed primarily for professional, commercial, educational, or industrial use. You may use the Site and products only for lawful purposes and in accordance with documentation, safety instructions, license terms, and applicable law.
3. Website Information and Availability
We strive to keep Site information accurate and current, but product images, specifications, pricing, availability, compatibility, lead times, and descriptions may change. Website content is informational and does not replace a written quotation, technical evaluation, or signed agreement. We may modify, suspend, or discontinue any Site feature without liability, subject to existing contractual obligations.
4. Accounts, Portals, and Security
You are responsible for keeping account credentials confidential and for activity conducted through your account. Notify eLUXE3D promptly of suspected unauthorized access. You may not share credentials beyond authorized users, bypass security controls, scrape or probe the Site, introduce malicious code, or interfere with the operation of our systems.
5. Quotes, Orders, Acceptance, and Cancellation
A quote is an invitation to place an order and may expire on the date stated. An order is accepted only when eLUXE3D issues written confirmation, accepts payment, ships the product, or otherwise begins performance. We may reject or cancel an order for pricing errors, suspected fraud, export restrictions, product unavailability, credit concerns, or other legitimate business reasons. If we cancel after payment, we will refund the applicable amount. Customer-requested cancellations are governed by the Refund Policy and any signed order terms.
6. Pricing, Payment, Taxes, and Collection
Prices are stated in the currency shown and exclude taxes, duties, brokerage, shipping, insurance, installation, and other charges unless expressly included. You are responsible for applicable sales, use, value-added, import, customs, and similar taxes, except taxes based on eLUXE3D’s net income. Payment is due as stated in the quote, invoice, or checkout page. Overdue business accounts may be subject to the lesser of 1.5% per month or the maximum lawful rate, plus reasonable collection costs. You may not withhold or offset amounts unless required by law or agreed in writing.
7. Shipping, Delivery, Inspection, and Risk of Loss
Delivery dates are estimates unless expressly guaranteed in writing. Shipping terms, title, and risk of loss are determined by the applicable quote, order confirmation, or shipping term. If no term is stated, risk of loss passes to Customer when the product is delivered to the carrier, except where applicable law requires otherwise. Customer must inspect shipments promptly and report visible shipping damage, shortages, or incorrect items within five business days, preserving packaging and documentation for carrier claims.
8. Installation, Environment, and Customer Responsibilities
Customer is responsible for providing compatible computer hardware, operating systems, electrical power, network access, workspace, environmental conditions, trained personnel, and any third-party software required for operation, unless otherwise agreed. Scanner performance depends on the object, surface characteristics, preparation, spray application, calibration, operator technique, computer configuration, and downstream software. Customer must follow eLUXE3D instructions and applicable safety data sheets.
9. Software and License Restrictions
Software, firmware, documentation, and digital content are licensed, not sold, and are subject to the applicable license terms. Unless expressly permitted, you may not copy, modify, reverse engineer, decompile, disassemble, circumvent license controls, sublicense, rent, lease, resell, publish, or use software to develop or benchmark a competing product. You may not remove proprietary notices. Updates may be required for security, compatibility, or continued service.
10. Training, Support, Maintenance, and Remote Access
Training, support, maintenance, warranty, and software updates are provided only as stated in the applicable product package or agreement. Support may require remote-access tools, diagnostic logs, images, scan files, or system information. Customer authorizes such access only for the requested support session and remains responsible for maintaining backups and protecting unrelated confidential information. eLUXE3D may refuse support for unsupported modifications, misuse, unauthorized repairs, incompatible third-party products, or accounts that are not current.
11. Customer Content and Scan Data
You retain ownership of files, images, CAD data, 3D scans, comments, and other content you submit (“Customer Content”). You grant eLUXE3D a limited, non-exclusive license to host, copy, process, transmit, and use Customer Content as reasonably necessary to provide requested products, demonstrations, support, training, troubleshooting, or services. You represent that you have all rights and permissions necessary to provide Customer Content and that it does not infringe intellectual property, privacy, confidentiality, export-control, or other rights. Additional confidentiality obligations may be stated in a separate agreement.
12. Intellectual Property
The Site, eLUXE3D names and logos, product designs, software, firmware, documentation, workflows, graphics, text, videos, demonstrations, trademarks, patents, trade secrets, and other materials are owned by or licensed to eLUXE3D and are protected by law. No rights are granted except the limited right to use the Site and purchased products in accordance with these Terms and applicable licenses. Feedback may be used by eLUXE3D without restriction or compensation, provided we do not publicly identify you without permission.
13. Acceptable Use and Prohibited Conduct
· Use the Site or products for unlawful, fraudulent, deceptive, infringing, unsafe, or abusive activity.
· Upload malicious code or content that violates third-party rights or confidentiality obligations.
· Attempt unauthorized access to accounts, networks, source code, models, files, or security systems.
· Interfere with service availability, conduct excessive automated requests, scrape content, or evade technical limitations.
· Misrepresent affiliation with eLUXE3D or use our trademarks without written permission.
· Use products or technical information in violation of export-control, sanctions, or import laws.
14. Product Safety and Scan Spray
You must review product labels, instructions, and safety data sheets before using scan spray or other consumables. Use products only in well-ventilated areas and with appropriate personal protective equipment and storage practices. Scan spray is not intended for ingestion, skin application, use on living persons or animals, or use in a manner inconsistent with its label. Customer is responsible for determining material compatibility and protecting valuable objects from residue, discoloration, or damage. Always test on an inconspicuous area when appropriate.
15. Product Specifications and Results
Published accuracy, resolution, scan time, and workflow results are based on specified methods and conditions and may vary. eLUXE3D does not guarantee that every object can be scanned, that scan data will be error-free, or that results will be suitable for a particular CAD, manufacturing, inspection, appraisal, gemological, medical, safety-critical, or regulatory purpose. Customer is responsible for validation, measurement strategy, downstream design decisions, manufacturing tolerances, and final quality control.
16. Limited Warranties
Products are covered only by the written limited warranty, if any, provided with the product or order. The warranty may require registration, proof of purchase, proper installation, approved use, and return authorization. Unless expressly stated, warranties do not cover consumables, normal wear, cosmetic damage, contamination, accidents, misuse, improper storage, unauthorized repairs, third-party products, power events, incompatible systems, modifications, or failure to follow instructions. Defective products are handled under the applicable warranty and Refund Policy.
17. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR AN EXPRESS WRITTEN LIMITED WARRANTY, THE SITE, SOFTWARE, CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” eLUXE3D DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO THESE LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, eLUXE3D AND ITS AFFILIATES, OFFICERS, EMPLOYEES, DISTRIBUTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, DESIGNS, PRODUCTION, BUSINESS OPPORTUNITY, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. eLUXE3D’S TOTAL LIABILITY ARISING FROM A PRODUCT OR SERVICE WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED, OR TO RIGHTS AVAILABLE UNDER APPLICABLE CONSUMER LAW.
19. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless eLUXE3D and its affiliates, officers, employees, contractors, distributors, and agents from third-party claims, damages, losses, and reasonable costs arising from your unlawful or unauthorized use, violation of these Terms, Customer Content, infringement of third-party rights, unsafe handling of products, or modification or combination of products not authorized by eLUXE3D. This section does not require a consumer to indemnify eLUXE3D for eLUXE3D’s own negligence or misconduct where prohibited by law.
20. Privacy and Electronic Communications
Our Privacy Policy explains how we handle personal information. By providing contact information, you consent to receive transactional communications related to inquiries, quotes, orders, accounts, warranties, and support. Marketing communications are subject to applicable law and your opt-out choices. Electronic records, signatures, and communications may be used to the extent permitted by law.
21. Returns and Refunds
Returns, refunds, exchanges, restocking deductions, and cancellation terms are governed by the eLUXE3D Refund Policy and any applicable signed order terms. A return requires prior authorization. Warranty remedies are separate from discretionary returns and remain subject to the written warranty.
22. Export Controls and Sanctions
Products, software, technical information, and services may be subject to United States export-control and sanctions laws. You may not export, re-export, transfer, release, or use them in prohibited countries, for prohibited end users, or for prohibited end uses. You agree to provide accurate end-use and destination information and obtain required authorizations.
23. Force Majeure
eLUXE3D is not liable for delay or failure caused by events beyond reasonable control, including natural disasters, fire, epidemic, war, terrorism, civil unrest, labor disputes, carrier delays, shortages, cyber incidents, utility or internet failures, government actions, export restrictions, or supplier failures. Performance will resume as reasonably practicable.
24. Suspension and Termination
We may suspend or terminate access to the Site, portals, software, support, or services for material breach, nonpayment, security risk, unlawful activity, misuse, or as otherwise permitted by an applicable agreement. Provisions that by their nature should survive termination will survive, including payment, intellectual property, disclaimers, liability limitations, indemnity, and dispute terms.
25. Governing Law and Venue
These Terms and any dispute arising from them are governed by the laws of the State of Michigan, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Unless a signed agreement states otherwise, exclusive jurisdiction and venue will lie in the state courts located in Oakland County, Michigan, or the federal court with jurisdiction over Oakland County. Nothing in this section limits non-waivable rights under applicable consumer law.
26. Changes to These Terms
We may update these Terms by posting a revised version with a new effective date. Changes apply prospectively unless otherwise permitted by law. Material changes to paid or ongoing services will be handled in accordance with the applicable agreement and law.
27. General Provisions
If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; eLUXE3D may assign them in connection with a merger, reorganization, financing, sale of assets, or transfer of the applicable business. Headings are for convenience only. These Terms, together with incorporated policies and applicable order documents, are the entire agreement regarding their subject matter.
28. Contact Us
Questions, notices, and requests may be directed to:
eLUXE3D, Inc.
2158 Avon Industrial Drive
Rochester Hills, Michigan 48309, United States
Email: support@eluxe3d.com
General: (248) 247-3800 | Technical Support: (248) 247-7771
Website: www.eluxe3d.com
