Version 3, 01.03.2015
These Terms and Conditions („T&Cs“) govern the rights and the obligations between Additively Ltd., Technoparkstrasse 1, 8005 Zurich, Switzerland (“Additively”) and the registered members as well as other users of the website www.additively.com (including all subdomains) (“Website”), which are operated by Additively Ltd. These T&Cs are considered as read, understood and accepted, if a member is registered or if the Website is otherwise used. If you do not agree to these T&Cs, please leave this Website.
Additively can change these T&Cs or its services at any time. Registered members will be informed about changed T&Cs or services via email and will be notified at their next visit of the Website. Registered members need to accept the changed T&Cs or services within 14 days after the first login after the changes occurred. Otherwise, they are not able to use the Website anymore.
Additively offers an online platform for matching buyers seeking and suppliers offering additive manufacturing and professional 3D printing goods and services. A Buyer is a member of Additively seeking goods and services in additive manufacturing and professional 3D printing via the Website (“Buyer”). A Supplier is a member of Additively offering additive manufacturing and professional 3D printing goods and services on the Website (“Supplier”).
The Website enables Buyers to post requests for quotations (=RFQs) to Suppliers. On the other hand, the Website enables Suppliers to submit binding quotations for the requests for quotations.
A Buyer accepting a quotation from a Supplier provided through the Website results in a contract over the purchase of the agreed products and services between the Buyer and the Supplier, for which contract the communicated terms of the Supplier find application. Additively is not part of this contract over the purchase of goods and services, but has only the function of an intermediary.
After the purchase of products and services over the Website, Buyers can review the performance of Suppliers on the Website.
The services described under https://www.additively.com/perm/free.html can be used for free. For further functionality, members need to sign up for a paid membership.
The information, requests for quotations, quotations, showcases, reviews, etc. on the Website are mainly not from Additively, but from its members and other third parties.
Each member needs to be able to enter a binding legal contract.
Each member is obliged to enter all information required for the registration truthfully, correctly and completely and to keep its membership profile up-to-date. When changes occur, the member is required to immediately update this information in its profile.
Each member is responsible for the secrecy of its user name and password for the login on the Website. Each member is responsible for all activities performed under its username, except if Additively is responsible for the disclosure of passwords to third parties.
Each member is obliged to only upload information and reviews on the Website, post requests for quotations or submit quotations, which (i) do not violate any domestic or foreign legal regulations, (ii) for which the member has the required rights, (iii) which do not violate any protective or personal rights of third parties, (iv) which are not fraudulent or (v) are otherwise not appropriate. Each member is responsible for the contributed content, requests for quotations, quotations or reviews. In case of violation of this provision, the responsible member needs to reimburse Additively for all cost or damage (including legal fees), which incur as a result of the violation.
Except requests for quotations and quotations, members grant Additively a non-exclusive and unlimited usage right for all the content, information and reviews contributed to the Website through Additively and its affiliated companies. Member grant Additively a usage right for all information and data in request for quotations and quotations to fulfill the service of the Website.
Invoices from Additively for paid memberships or, in case of Suppliers, for spent Additively Points, need to be paid within 30 days from date on the invoice.
Only suppliers offering products and services with professional equipment can register as Suppliers, receive a Supplier profile and submit quotations via the Website. The Supplier commits to provide truthful and up-to-date information in its Supplier profile. Additively decides at its own discretion, which equipment is considered professional. Additively has no obligation to provide a Supplier with a Supplier profile. Additively is entitled at any time and without prior notice, to change Supplier profiles or not to display them anymore.
Suppliers receive requests for quotations via Additively. In case a Supplier is accepting a request for quotation, the Supplier has to provide a quotation to the Buyer via the Website. Certain requests for quotations are subject to a charge in order to provide a quotation. These requests for quotations are highlighted with an indication how many Additively Points will be charged to the Supplier’s Additively Points Account in case it accepts this request for quotation. One Additively Point corresponds to one Euro. Additively Points can either be bought at Additively up-front or will be invoiced to the Supplier by Additively.
The Supplier provides with a quotation a binding offer for entering a contract over the purchase of products and services with the Buyer.
In case a request for quotation ends and no order has been placed at the Supplier, it is up to the Buyer to contact the Supplier again. The Supplier commits not to contact the Buyer without the Buyer’s active consent.
The Supplier is obliged to treat all information and files, which the Supplier receives in the request for quotation, confidential. Suppliers can only use these information and files for the submission of quotations and, in case of an order from the Buyer, for fulfilling this order. Afterwards, all information and files need to be deleted. The information and files cannot be used by the Supplier for itself or third parties.
Additively enables Suppliers to use the Website for the cooperation with newly acquired Buyers without charge. The Supplier agrees to use the Website for all correspondence with Buyers acquired over the Website for at least one year, including further requests for quotations and orders.
Buyers are obliged to only post requests for quotations (i) for which products and parts the Buyer has the required rights, and the production of which does not violate (ii) any domestic or foreign legal regulations, (iii) or any protective or personal rights of third parties.
A buyer is obliged to upload only truthful reviews of the performance of Suppliers, which are based on its own experience.
The Website and content published on it, for instance the Supplier directory and product information, are worldwide protected through copyrights and other rights; they belong either to Additively or third parties. The content can only be used for the purpose foreseen on the Website. Other usage of the content is prohibited. Especially the duplication and/or publishing of the content is forbidden. Exceptions are only possible with a written permission of Additively.
The intellectual property of data provided by a Buyer in a request for quotation remains at this Buyer.
The paid membership is possible for the duration of a month, a quarter of a year or a year depending on the order. Without cancellation, the membership does automatically extend for another month, quarter or year based on the chosen initial membership duration. Notice of cancellation needs to be given via email at email@example.com or via registered letter to Additively 15 days prior to the automatic extension of the membership.
Additively is entitled at any time and without prior notice to end the membership, to block the access to additional functionality and, in case of Suppliers, not to display the Supplier profile or to refuse the Supplier the access to requests for quotations, in case the member violates any obligation within these T&Cs. In such a case, already paid membership fees will not be reimbursed, also not pro rata temporis.
The information, requests for quotations, quotations, showcases, reviews and other content on the Website are mainly not provided by Additively, but by members or other third parties. Additively does not review this content. Therefore, Additively cannot guarantee for the validity, correctness, lawfulness, quality or suitability for certain purposes of the information, requests for quotations, quotations, showcases, reviews and other content on the Website. Nor can Additively accept any liability for the correctness of quotations for requests for quotations. The liability of any information, requests for quotations, quotations, showcases, reviews and other content bears solely the owner of the user name, under which these have been submitted. The liability of Additively for damage, futile expenses and missed earnings based on such content or the usage therefore is therefore excluded.
However, Additively is entitled, in case of indications of violations of domestic or foreign legal regulations or rights of third parties, of breaches of duties of members or quality shortcomings, but also at its own discretion without indication of reasons, to review the content, not to forward requests for quotations and quotations, to delete information, requests for quotations, quotations, showcases, reviews and other content, or to deny members the access to certain additional functionality. Additively will comply with the instructions of law enforcement bodies, courts and other institutions, which require, among other things, the disclosure of identity and whereabouts of persons, because legal regulations, third party rights or other obligations of these T&Cs have been violated.
The contract about purchase of products and services exists between the Buyer and the Supplier, from which the Buyer has ordered the quotation. Additively does not assume any guarantee for quality or timely delivery of ordered products or services. In case the Buyer is not satisfied with the quality of products or services of the Supplier, any claim of the Buyer need to be directed to the Supplier. In case the Buyer does not pay for ordered products or services, the payment needs to be collected directly at the Buyer. Additively is not liable for any claims between the contract parties.
Even though Additively attempts to keep the Website up and running 24 hours a day, Additively is not liable for the temporary unavailability of the Website, the failure of any of its functions, or the non-delivery of any requests for quotations or quotations.
Even though the access to the Website is SSL-encrypted to ensure the security of transmitted content, Additively cannot guarantee the security of any data. Each transmission of data takes place at the members own risk.
Any further liability is excluded to the extent allowed by law.
In case a provision or parts of a provision in these T&Cs are found to be invalid, this provision will be replaced through an economically equivalent condition, whereby all other provisions of this T&Cs stay fully valid.
Messages from Additively to its members are considered as delivered, if they are sent to the email address last indicated in the member profile.
These T&Cs are subject to Swiss substantive law, to the exclusion of private international law and the Vienna Sales Convention.
Disputes arising in association with these T&Cs or the usage of the Website shall be subject to the sole jurisdiction of the competent courts in 8005 Zurich, Switzerland