TH3D Studio LLC Terms of Service
This website is operated by TH3D Studio LLC. Throughout the site, the terms “we”, “us” and “our” refer to TH3D Studio LLC. TH3D Studio LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted through DreamHost. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services and/or Warranties.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
You MUST go through troubleshooting through our ticket system as many issues are customer and/or customer machine related and not a defective product. You can open a support ticket by emailing Support@TH3DStudio.com. If a product is returned with no return authorization a $20 testing charge will be deducted from the refund.
Products are allowed to be returned for a refund (minus shipping to you) within 30 days of receipt as long as they are unopened, unused, and never been installed, you must have a return authorization through our ticket system before returning items in all cases. If an item is found to be defective upon return on our machines then a replacement or refund (must be requested, default is a replacement) will be issued.
There is a 15% restocking fee for all returns.
Buyer is responsible for return shipping. If you are in the US you can use our automated return portal for a low cost return label. The $3 for the return label will be deducted from your refund or billed to you if it is a warranty replacement if the product being returned is not a DOA item. The shipping paid to ship the order to you is NON-REFUNDABLE.
Buyer is responsible for ensuring their address is complete and correct. If a package is returned to us for any reason (uncollected, wrong address, etc) you will have 2 options – a refund minus the shipping we paid or re-shipping it at the buyers expense (we will provide the cost to re-ship so you know how much it is).
We will not bear the cost or be held responsible for replacing lost, stolen, or damaged packages. First Class International is Insured through a 3rd party but payouts are pretty fast requires no tracking updates for 45 days.
We will not provide refunds on shipping charges if a package does not make it there in a certain amount of time, shipping times are ESTIMATES – not guarantees.
The buyer is responsible for any customs fees, import duties, or any other fees charged to them by their country. TH3D will NOT refund customers for any additional fees that another country adds to their packages, this is the BUYERS responsibility to pay them. TH3D does NOT under-declare package values. This is illegal to do and we are a legitimate company based out of the USA. In addition to that under declaring can also cause YOU more issues down the road.
If a loss or damage occurs to the package we will ship out a replacement or issue a refund (buyers choice) once we receive approval of the insurance claim. We will not ship out a replacement until the claim is completed. We do this because we need the buyer to work with us throughout the claim process and when we re-shipped before the claims were approved the buyer in over 90% of cases just stopped replying to the claim and the claim was then not approved. Full details on our shipping claims process are laid out here: https://www.th3dstudio.com/shipping-faq/
If you open a PayPal dispute or Credit Card dispute we reserve the right to terminate any and all support/access to our resources immediately and indefinitely. These waste our time and hurt our standing with the payment processors. CONTACT OUR SUPPORT AND WE WILL HELP YOU.
SECTION 7 – ORDER CANCELLATION
In the event that you need to cancel an order please email us at Support@TH3DStudio.com, call 312-858-8433 option 2, OR use the Contact Us link and if we have not begun processing the order we will try to cancel it. This is not a guarantee, but we will make a best effort.
SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy (SECTION 6).
SECTION 9 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 – PERSONAL INFORMATION
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall TH3D Studio LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless TH3D Studio LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 10740 S. Washington St, Oak Lawn, IL, 60453, United States.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at Support@TH3DStudio.com.
Most of our products (warranty length is stated on product pages) are backed by a 90 day guarantee and we will usually ask for the defective part back for inspection, you are responsible for return shipping if the item is NOT DOA.
Physical damage is NOT COVERED. If a product is found to have physical damage when we receive the return you will be responsible for all shipping costs and labor costs if we are able to repair it should you choose to have us repair it, costs to repair will be disclosed to you before repairs begin. If we cannot repair a damaged item and/or you decline the repair the part will be shipped back to you at your expense. If a product is used in an application outside of what is advertised and/or modifying the product (soldering, cutting wires, removing from casings, adding on 3rd party products, etc) then the product is not covered should it fail. We test our products for stability and reliability in the state that we sell them, we cannot be held liable for damage and/or failure of a product should you modify it.
TH3D covers shipping for US warranty replacements back to the end user via USPS First Class mail, if you want the package shipped via a faster method you can let us know and cover the difference.
If you are outside the US due to shipping costs we charge 50% of the cost of return postage to you. Shipping costs outside the US are over 4 times the cost to us so sending out a replacement is costly. Average prices for international shipping are around $15 USD with the insurance in case a package is lost or damaged. Depending on the item we will typically not ask for the product back from customers outside the US due to the high shipping costs that would be required and will work out something on a per case basis.
All items in our store are guaranteed NOT DOA (Dead on Arrival). You must notify us within 14 days of receiving the item if it is DOA. We test any and all items sold for electrical and physical defects before shipping. We stand behind our products so if you have an issue let us know immediately. In order to get a RMA you MUST go through troubleshooting as many issues are customer machine related and not a defective product. Meaning if we just swap out the item you can still have issues with the new one since it was not the product having the issues and rather the customer machine.
Warranty replacements will either be refurbished like-new products or new depending on stock.
Items purchased directly as refurbished, used, “B stock”, or clearance items are sold as-is. They have no warranty unless otherwise specified on the product page. This does not apply to refurbished products sent out as warranty replacements.
SECTION 22 – PRODUCT PICTURES
Pictures on the items may be slightly different from what you receive. What does this mean? It means that we try to source the products from the same vendors but there can be variances like different circuit layouts, board colors, etc. The item will ALWAYS be the same specifications as what is listed on the website. We will not sell a lesser item than what is listed. You will always get what is advertised or better.
TH3D Community Support
Support on Community Support products is limited to the communities below. If you have an issue that requires repair/replacement/warranty service you can contact our regular support by emailing Support@TH3DStudio.com. Help with installation/tuning/using the products is NOT included but can we do have support time that can be purchased. You can request installation directions and we will send you links to relevant videos and/or articles online for said product. We do this because most people do not need help installing the simpler products. Instead of raising prices on ALL products we leave it up to the customer if they want to purchase additional support should they need it. All our support guys are in these groups as well and we will respond to posts/messages when we get free time after completing our TH3D Standard Support tickets.
- Discord: http://Discord.TH3DStudio.com
- Forum: http://Forum.TH3DStudio.com
- Customer FB Group: https://www.facebook.com/groups/th3dstudio/
- General FB Group: https://www.facebook.com/groups/c3dforum/
If you have a quick question you are welcome to submit a ticket and we will try to answer you as soon as possible.
TH3D Standard Support
Products using Unified Firmware (EZOut & EZABL Kits): We provide email support for customers with issues related to the product itself and features listed that are related the product on the Unified Firmware page. You are welcome to modify the firmware to enable other features but this is outside of the included support. We can provide out of scope support but it is billable. You must use our Firmware on a compatible printer for support to be covered with the product. You are more than welcome to use our products with any machine but we do not provide firmware support for machines not running our latest Unified Firmware package. Our support staff may offer advice outside of the scope but if we do that is just a bonus and not a guarantee. Support is on the product itself. Your computer must see the printer COM port to update the firmware. PC/Network issues are the customers responsibility to resolve.
Other Products: We provide email support for customers with issues related to the product itself and features listed on the product page. You are welcome to use our products any way you see fit but if it is outside of the application listed on the product page then that is not supported. Our support staff may offer advice outside of the scope but if we do that is just a bonus and not a guarantee. Support is on the product itself. PC/Network issues are the customers responsibility to resolve.
Standard support is included for the duration of the warranty listed on the product page, typically this is 90 days.
Our support staff may offer to call you to resolve an issue if they feel it is a quicker resolution but email support through Support@TH3DStudio.com is the primary and official support method.
SECTION 24 – REPAIR SERVICES
All repair tests are recorded to ensure that the product was working with our test equipment. If you get a repair back and it is still not working then you will need to troubleshoot a machine issue (not included in the repair cost). So be sure to rule out ALL other issues before you sent a product to us. If a board is sent that is damaged a $10 fee to test the board will be applied or deducted from your refund. This fee is included in the purchase price of the repair services and only applies if you send in a board that has a different issue than what you sent it in for.
All incoming packages are opened in our office under HD video recording so if your board/control box comes damaged we will have full recording of it being opened and then tested as proof in order to protect us from people trying to scam us (such as shipping us a DOA board/control box and trying to claim it was us that damaged it). We can provide the recording of your package being opened and tested as proof should we need to validate the issue.
If you ship your board to us without a pre-paid order you will have 30 days from the date we received the item(s) to pay for the repair before the item(s) shipped to us will be treated as abandoned property. Abandoned property will become property of TH3D and we may use the item(s) for internal use or re-sell to recoup repair costs.
SECTION 25 – VERBAL ABUSE/SLANDER/DRAMA
If you are verbally abusive via phone, email, or ANY other communication method to our support staff and/or start Slander/Libel/Defamation/Drama about us on social media/websites/forums/etc when we have been trying to help you we reserve the right to terminate all support effective immediately and indefinitely. This includes any warranties and technical support. You will also not be permitted to purchase any new products from our store. Treat others how you want to be treated.
SECTION 26 – COUNTERFEITING & CLONING
By purchasing our custom products you agree to not reverse engineer, duplicate, copy, or do anything that would duplicate what we are selling here. If you purchase a product with the intent to copy it for your own gain or someone else’s gain we will cancel your order and deny sales to you. If you get the item and then duplicate it we reserve the right to pursue any and all forms of legal action against you for violating these terms of service.
SECTION 27 – FRAUDULENT CHARGE-BACKS
In the event that you intentionally open a charge-back as fraud when you have received the product we reserve the right to legally pursue any and all action against you.
We will first contact you to verify if the charge-back was an accident or not using the contact information that we have on file. This includes phone, email, and physical mailing address. If you are on social media we will attempt to contact you on there as well before moving to the next steps of taking legal action. We will attempt contact for 2 weeks from the date that the charge-back is opened before moving to legal action.
You will be responsible for any and all legal fees, company time spent (billed at $100/hr), and other costs incurred from this process in the event that it is decided in our favor.
What do we use to establish evidence?
- We use IP address logging at the time an order is placed.
- Any email headers of mail you sent to any TH3DSTUDIO.com email address. These contain IP address to link the sender to the order.
- Our payment processors also log IP address at checkout in addition to our own website.
- We will search for evidence of possession of the products from any and all social media accounts that you use should you use them.
- We use tracking information from the order shipment and signatures if applicable.
Reporting the Fraud
- The fraud will be reported to your credit card company
- This may result in your account(s) being closed
- This will impact your credit rating
- The fraud will be reported to our local law enforcement
- The fraud will be reported to your local law enforcement
SECTION 28 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.