General

The following Terms and Conditions regulate the conditions of navigation and purchase of the different products offered on our website: www.varishapes.com owned by João Tomás Felgueiras Gomes Afonso, NIF 236667343, and located in Rua da Fonte Grossa, n.º 5, Sta Marta de Portuzelo, 4925-058 Viana do Castelo, Portugal. You can contact us on: +351 96 373 40 15 (Call to the national landline network, the cost of communications depends on the tariff agreed with your telecom operator) or email address: varishapes@varishapes.com.

By accessing and/or making purchases on this website, users explicitly acknowledge and agree to abide by these Terms and Conditions/Terms of Service, which encompass the supplementary terms and conditions and Privacy Policies referenced and/or made available through hyperlinks.

Throughout the site, the terms “we”, “us” and “our” refer to Varishapes. Varishapes 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”). These “Terms” apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Prior to placing and accepting any order or project, it is mandatory to carefully review and accept these Terms and Conditions.

The latest version of the Terms and Conditions can be found on this page. Varishapes retain the right to modify these Terms and Conditions at any time and without prior notification. Users are responsible for staying informed about any updates.

1. Applicable Law

Our website's Terms and Conditions are governed by the laws of Portugal, and any disputes will be resolved in the Portuguese courts.

2. Scope of service

2.1. Varishapes encompasses 3D printing, CNC machining and 3D modeling services. We aim to support and help our clients in solutions with state of the art technologies and methodologies.Please be aware that our service has certain limitations and restrictions that should be taken into consideration. These details, such as acceptable file formats, maximum print dimensions, material options, and other specified limitations, are outlined in our Terms and Conditions.

3. Accounts

3.1. To access specific features of the Site, you are required to create an account ("Account") and provide necessary information about yourself as prompted in the registration form. By registering, you confirm and guarantee that: (a) all the information you provide during registration is truthful and precise, and (b) you will ensure the accuracy of this information throughout your usage. If you wish to delete your Account, you have the freedom to do so at any time by following the instructions provided on the Site. Please note that we reserve the right to suspend or terminate your Account if we detect any infringement of this agreement.

3.2. By registering an Account on the Site, you grant Varishapes permission to utilize your trademarks, logos, names, or signs for marketing purposes. This entails the possibility of Varishapes mentioning you as a customer on our Site and in other promotional materials, such as advertisements, press releases, interviews, promotional materials, or presentations. However, we will refrain from using your name if you are an individual or if you have expressly communicated your preference via email, contract, or non-disclosure agreement (“NDA”).

3.3. It is your responsibility to ensure the confidentiality of your Account login information, and you are fully accountable for all activities conducted under your Account. You agree to promptly inform us of any unauthorized use or suspected unauthorized use of your Account, as well as any other security breaches. We cannot and will not be held liable for any loss or damage arising from your failure to comply with the aforementioned obligations.

3.4. You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your Account and other information, including your shipping address, email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

4. Orders

4.1. You are responsible for ensuring the accuracy and completeness of all information, including User Content, provided in an Order or quotation request, whether through the Varishapes website or any other communication channel. It is important to follow the instructions provided by Varishapes and take into account any manufacturing and other limitations specified on the Site, including manufacturing standards and guidelines.When you submit an Order, you are making a binding commitment to purchase the Products described in the Order, subject to these Terms.

By placing an Order with Varishapes, you agree to the following:

• 4.1.1. You are committing to purchase the Products specified in the Order.
  

• 4.1.2. You confirm that you are of legal age to enter into a binding contract.
  

• 4.1.3. You represent that all information provided in connection with the Order is true, accurate, and that you are an authorized user of the provided payment method.
  

• 4.1.4. You acknowledge that the Products will be shipped on a specified date or communicated to you before or at the time of placing the Order. Orders require payment in advance, even if the shipping date is later than usual. Please note that shipping dates are subject to change at the sole discretion of Varishapes.
  

4.2. Order confirmation you receive does not constitute our acceptance of the Order. We reserve the right to refuse any Order request at our discretion.

4.3. The client is the sole responsible for the quality of the provided files, any mesh error, dimensional or general errors might generate poor quality/unusable prints.

4.4. By placing the Order, the customer takes responsibility for infill, colors, and materials chosen.

4.5. If we detect any errors we will try to inform the client for correction of the issues or if we access that is not correctable we will cancel the order.

4.6. Any corrections/editing of a file will have a fee of 10 EUR + 10% of the value of the quoted part.

4.7. If the poor quality of the files cause any print issues or damages to any system (machine, computer, operating system etc)  or surrounding prints in the same printer, the client will be held liable for any possible costs on reprints and/or repairs of the systems.

4.8. When you add a 3D printing part to the shopping cart, this part is valid for the next 5 days. After 5 days the part is deleted from our database and will have to be resubmitted. If you place an order with parts older than 5 days, you may have to resubmit them.

4.9. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased. 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.

5. 3D printing and CNC

5.1. The dimensions of the final product will have a margin of error of ±1 mm (in X, Y and Z). Technical precision or small size/detail parts should be shipped with this in mind. Connecting/removable parts should be about ±0.5mm apart (to compensate for the ±1mm tolerance). Holes, brackets or details should be at least 2mm in diameter to ensure they are printed correctly. Minimum template wall size should be 0.8mm.

5.2. Given the nature of 3D printing, there might be features that require support structures. The amount of these structures and its placement is our responsibility and will be used at our discretion unless communicated otherwise by the client.

5.3. Due to the nature of the support structures we don’t take any responsibility for any possible damages to the parts during the removal of the supports structures.

5.4. If several parts are ordered in FDM 3D printing part surfaces that were in contact with the build surface during printing might have different textures between them.

5.5. Please note that any images displayed on our website or simulations depicting the color of print materials or parts are intended to provide an approximation of the final product's color. Due to various factors such as lighting conditions and screen calibration, the actual color may slightly differ from what is portrayed. It is important to consider that these variations are natural and may occur based on the specific location or the type of screen used for viewing.

5.6. 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.

6. CAD Design and 3D modeling

6.1. The Client will provide all possible information, and assist in obtaining materials, text, images, or instructions necessary to provide the service.

6.2. The Client will actively review all specifications, drafts and information provided by us and provide feedback and/or approval of the same.

6.3. For reverse engineering of parts the Customer has to send the part by mail to our facilities. Any fees or costs of shipping the parts to our facilities are the client's responsibility.

6.4. Varishapes is not responsible for loss or material damage (physical or digital) to submitted objects that occurs from initial shipment to final receipt.

6.5. After approval of the technical drawings and/or renders, the Client will have no further opportunity to make changes to it.

6.6. Errors that occur due to lack of specification, confirmation, or failure of information on the part of the Customer are the sole responsibility of the Customer.

7. Shipping and delivery

7.1. The estimated average lead time for orders is typically 3 to 5 business days; however, it is important to note that this timeframe starts counting after payment and is subject to variation. The actual lead time may vary significantly depending on factors such as workload volume, specific order requirements, and the quantity or size of the project. In certain cases, the lead time may extend to 30 business days or even longer.

7.2. Delivery Times by Region, please note that these are approximate delivery times and can vary depending on factors such as customs procedures, local postal services, and unforeseen circumstances.

• 7.2.1. Portugal: After shipping, the estimated delivery time for orders within Portugal is approximately 1-5 days.
  

• 7.2.2. European Union: For orders shipped within the European Union, the estimated delivery time is around 5-15 days.
  

• 7.2.3. European Countries outside the EU: If the order is being shipped to a European country outside the EU, the estimated delivery time is typically 5-30 days.
  

• 7.2.4. United States of America: Orders shipped to the United States of America usually have an estimated delivery time of 5-20 days.
  

• 7.2.5. Rest of the World: For orders shipped to destinations outside the European Union and the United States, the estimated delivery time ranges from 10 to 30 days, depending on the specific location.
  

7.3. The provided timeframe for delivery are estimates and should not be considered as guaranteed delivery dates. In cases where customers require an estimation of shipping time, particularly for large volume orders of parts, it is recommended to contact Varishapes directly to inquire about the estimated production time.

7.4. Once the order has been shipped, Varishapes holds no responsibility for any delays, losses, or damages incurred during the shipping and transportation process. These liabilities are to be borne by the shipping and transport service.

7.5. Varishapes will choose the shipping carrier based on your selected delivery speed (expedited or standard) and your location. Please note that the specific carrier may vary depending on factors such as destination, package size, and shipping requirements.

7.6. The cost of shipping for orders is calculated based on the client's location, package weight, and desired speed of delivery. These factors are taken into consideration to determine the appropriate shipping rate. Please note that the final price may vary depending on these factors, and any applicable taxes or fees will be included in the total shipping cost.

7.7. Please note that the delivery time is subject to various factors, and while every effort is made to meet the estimated timeframe, unforeseen circumstances or external factors beyond Varishapes control may affect the actual delivery date.

8. Payment

8.1. Entry into the order production waiting list and the physical production of the order will commence only after the Customer has made the payment. This includes any necessary preparations for production, such as acquiring raw materials or other resources. Please note that the requirement of raw materials will also add time to the lead time for finishing the order.

8.2. Payment for orders is due at the time of purchase unless otherwise specified. Delayed payment may result in order processing delays or cancellation, subject to our discretion.

8.3. All prices displayed on our website are in the designated currency and are subject to applicable taxes and fees. The Customer is responsible for any additional charges, such as customs duties or import taxes, that may apply to the Order.

8.4. The Customer is responsible for ensuring that all payment information provided is accurate and up-to-date. Any discrepancies or errors in payment details should be promptly reported to our customer support.

8.5. If a transaction involves currency conversion, the exchange rate applied may vary and is subject to the policies of the payment processor or financial institution involved. Any extra costs for currency conversion are the responsibility of the client.

8.6. We employ industry-standard security measures to protect the integrity and confidentiality of payment information. However, the Customer acknowledges that online transactions carry inherent risks, and Varishapes cannot be held liable for any unauthorized access, hacking, or data breaches beyond our control.

8.7. In the case of disputed charges or billing discrepancies, the Customer should contact our customer support promptly to initiate the resolution process. We will make reasonable efforts to address and resolve such issues in a timely manner.

8.8. If any amount remains unpaid when it is due and payable, Varishapes reserves the right to charge a late payment interest of 2% per month (24% per annum) on the outstanding amount. This interest will be calculated from the due date until the full payment is received.

8.9. In the event of non-payment, Varishapes may also add a reminder fee of 6 EUR for individuals and 45 EUR for commercial customers.

8.10. Furthermore, in case of overdue payment, Varishapes may suspend the delivery of additional products and/or restrict your ability to place further orders until all outstanding amounts are settled in full.

8.11. We reserve the right to modify the payment terms and conditions at our discretion. Any changes will be communicated to the Customer in advance, and continued use of our services implies acceptance of the revised payment terms.

9. Cancellation

9.1. Varishapes reserves the right to refuse the production of a 3D part or to proceed with the project excluding the 3D part if it poses a risk of infringing upon third-party rights.

9.2. Notification of cancellation or reduction in production must be provided as soon as possible, taking into account that Varishapes operates 24/7. Once the printing process has commenced, cancellation is not possible.

9.3. All orders for 3D printing are unique and each print is a customized object created according to the customer's specific request. Therefore, no cancellations, exchanges, or returns are possible once the printing service has been completed.

9.4. If the customer decides to cancel the print job, the printing and shipping costs (if applicable) will be refunded, excluding a transaction fee of 10 EUR +VAT. However, the value of work already performed (such as parts that have been printed) and the cost of any analysis service will be deducted.

9.5. Individual part exchanges are not permitted for orders that have already been placed. Requesting an exchange of parts/3D models will be treated as a complete cancellation of the order. In such cases, the customer should promptly contact Varishapes to request the cancellation of the original order. The customer must then place a new order with the desired parts/models, and the payment for the previous/incorrect order will be refunded, minus the value of any already printed parts, the analysis service fee (if applicable), and the transaction fee of 10 EUR +VAT.

9.6. If an order is canceled before completion or 3D printing, but it has undergone analysis service, CAD, or design work, Varishapes reserves the right to charge for the work already performed.

9.7. In the event that a client cancels an order before the parts are printed, it is important to note that any raw materials purchased specifically to fulfill that order may not be refundable. The client may be responsible for compensating Varishapes for the cost of the raw materials already acquired for the canceled order. This ensures fair compensation for any expenses incurred in preparation for the production process.

9.8. In the event of any technical issues or  production problems, Varishapes may cancel an order. The customer will be notified via email and will receive a full refund of the amounts paid.

10. Returns & Warranty

10.1. Varishapes guarantees that the 3D printed models and CNC parts will closely align with the characteristics specified in the order, taking into account the current limitations of 3D printing and CNC technology. However, Varishapes cannot be held responsible for any lack of conformity in the produced part resulting from the customer's design choices or usage. We do not guarantee that the printed part will be suitable for its intended design or use. The customer assumes full responsibility for the design, tolerances, specifications, limits, post-treatment, handling, alteration, installation, or configuration of the part.

10.2. Varishapes will determine the optimal build orientation for the model, and the model cannot be rejected based on the chosen print orientation or the presence of media or any other characteristic inherent to the 3D printing technology. Please note that due to production considerations such as different print orientations and the composition of raw materials, as well as the inherent characteristics of FDM/SLA/SLS printing technology, there may be minor variations in the visual, physical, or chemical properties among multiple copies of the same model.

10.3. Varishapes is dedicated to providing 3D printing services with meticulous care and attention. Our parts undergo thorough quality control processes to ensure they meet our high standards of quality. It is important to note that certain models, especially those that are inherently fragile or highly detailed, may exhibit minor flaws or imperfections that are inherent to the current limitations of 3D printing technology. These imperfections may include minor color contaminations, filamentous or rough layer finishes that are typical of additive manufacturing (which may vary depending on the material type and print resolution used), the presence of support structures, and slight variations in dimensions and details within a margin of error of approximately ±1mm. These minor imperfections are a normal part of the 3D printing process and cannot be grounds for rejecting the printed models.

10.4. Varishapes guarantees high-quality 3-axis CNC machining services with meticulous attention to detail. While minor variations such as surface finish, dimensional tolerances, and tooling marks are inherent to the process. These characteristics do not constitute grounds for rejecting the parts. Our skilled team utilizes advanced techniques to ensure precise and accurate results, working within the limitations of 3-axis CNC machining technology.

10.5. The customer assumes full responsibility for the specifications of their order and cannot be rejected based on inherent details of the 3D model or material properties. This includes considerations such as delicate or small parts that may be fragile, details that fall outside the minimum tolerances, or characteristics specific to the chosen material. For instance, TPU/Rubber exhibits flexibility, PETG may have a filamentous finish, and PLA has a low glass transition temperature and can deform under high temperatures. Each material has its advantages and disadvantages, and it's essential for customers to be well-informed. If you have any inquiries or require assistance with material selection or pre-ordering, please don't hesitate to contact our team of knowledgeable technicians for guidance.

10.6. It is the customer's responsibility to carefully inspect the received parts and report any alleged defects to Varishapes within 72 hours of receipt. Claims regarding defects must be supported by relevant materials, including photographs and measurements.

10.7. In the event of a refund, the customer is responsible for shipping the parts back to Varishapes at their own expense. The cost of shipping for returning the parts shall be borne by the client.

11. Intellectual Property and Copyright

11.1. The customer represents and warrants that it has full ownership of all intellectual property rights in any 3D elements, files, or models provided, and that they do not infringe upon the intellectual property rights of any third party.

11.2. In the event that a product submitted by the customer infringes upon the intellectual property rights of any third party, the customer accepts full responsibility. The customer agrees to defend and indemnify Varishapes against any loss (direct or indirect) and expenses incurred as a result of such infringement.

11.3. All materials created by Varishapes in the modeling service will remain the property of Varishapes, and they may be used for future reproduction. The customer may acquire ownership and rights to the original materials through an additional agreement.

12. Errors, Inaccuracies And Omissions

12.1. Occasionally there may be information on our Site 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 is inaccurate at any time without prior notice (including after you have submitted your order).

12.2. We undertake no obligation to update, amend or clarify information in the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Site, should be taken to indicate that all information in the Site has been modified or updated.

13. Indemnification

13.1. You agree to indemnify, defend and hold harmless Varishapes 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.

14. Severability

14.1. 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.

15. Termination

15.1. The obligations and liabilities of both parties that arise before the termination date will continue to apply even after the termination of this agreement.

15.2. These Terms of Service will remain in effect until either you or we terminate them. You have the right to terminate these Terms of Service at any time by notifying us of your decision to discontinue using our Services or by ceasing to use our site. If, in our sole discretion, we determine that you have failed to comply with any term or provision of these Terms of Service or if we suspect such failure, we may terminate this agreement without prior notice. In such cases, you will still be responsible for any outstanding amounts due up to the date of termination, and we may deny you access to our Services or any part thereof.

16. Entire Agreement

16.1. Varishapes' failure to exercise or enforce any right or provision of these Terms of Service shall not be considered as a waiver of such right or provision.

16.2. These Terms of Service, along with any policies or operating rules posted by Varishapes on this Site, constitute the complete agreement and understanding between you and Varishapes, governing your use of the Site and its services. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Varishapes (including any previous versions of the Terms of Service).

16.3. Any uncertainties in the interpretation of these Terms of Service shall not be construed against the party responsible for drafting them.

16.4. Varishapes is committed to maintaining the confidentiality of any User Content (including 3D CAD data, documentation, drawings, and specifications) provided by you. Varishapes and its employees and subcontractors will not disclose such User Content, except in the following circumstances: (a) to its affiliates and subcontractors as necessary for the production, shipment, and sale of the Items to you; and (b) for the purpose of improving our Products, including any services.

17. Other

17.1. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, or access to the Site or any contact on the Site through which the service is provided, without express written permission by us.

17.2. You may be given access to third party tools through our website, but we do not monitor or control these tools. You acknowledge and agree that we provide access to these tools "as is" and "as available" without any warranties, representations or conditions and without endorsement. We are not responsible for any problems that may arise from your use of optional third party tools. Your use of these tools is at your own risk and it is your responsibility to review and agree to the Terms and Conditions set by the relevant third party provider(s). In addition, any new services or features offered through the Site in the future will also be subject to these Terms and Conditions.