Terms of Supply - Fishy Filaments

Terms of Supply

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU SUBMIT YOUR ORDER TO US. BY SUBMITTING AN ORDER WITH US, YOU AGREE TO THESE TERMS WHICH BIND YOU.

These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

We are Fishy Filaments Limited with company number 10849461 of The Warehouse, Anchor Quay, Penryn, Cornwall, United Kingdom, TR10 8GZ (“us”, “we” or “our” in these Terms). Our registered VAT number is GB 295735653.

  1. THESE TERMS
    • The following definitions and words shown in bold throughout shall apply to these Terms:
“Business Day”a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
“Courier”our chosen, selected or approved Courier as set by us and as notified to you from time to time.
“Data Protection Legislation”all applicable data protection legislation in force from time to time in the UK including the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Data Protection Act 2018, the UK-GDPR each as applied or varied by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit).
“Delivery”the date on which the Courier has delivered the Order to you.
“Delivery Charges”any charges for shipping and/or postage of the Order.
“Documentation”any and all documentation made available to you by us via the Website or otherwise, including but not limited to any information sheets, cheat sheets, printing tips, safety data sheet, technical data sheet.
“Frequently Asked Questions”the frequently asked questions located on the home page of our Website.
“Intellectual Property Rights”patents, rights to inventions, copyright, moral rights, trade marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Order”an order for a Product placed on our Website.
“Privacy Policy” View our Privacy Policy.
“Product”an item that is available for sale by us on the Website.
“Purchase Price”the price payable by you to purchase the Product, inclusive of any taxes, levies, charges, but excluding Delivery Charges.
“Terms”these terms and conditions and any associated policy issued by us from time to time.
“VAT”value added tax, as defined by the Value Added Tax Act 1994.
“Website”https://fishyfilaments.com/
  • Clause and paragraph headings shall not affect the interpretation of these Terms.
  • Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
  • Unless the context otherwise requires, a reference to one gender shall include a reference to all gender identities.
  • A reference to a statute or statutory provision is a reference to it as it is in force as at the date of these Terms. A reference to a statute or statutory provision shall include all subordinate legislation made as at the date of these Terms under that statute or statutory provision.
  • A reference to writing or written includes email, but not fax, instant messaging or any internet messaging platform.
  • References to clauses are references to the clauses of these Terms.
  1. INFORMATION ABOUT US AND HOW TO CONTACT US
    • How to contact us. You can contact us by emailing us at [email protected] or via the contact us page on our Website.
    • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.
  2. OUR CONTRACT WITH YOU
    • Age restriction. You must be at least 18 years of age to place an Order with us.
    • How we will accept your Order. Our acceptance of your Order will only take place when we email you to accept it, at which point a contract will come into existence between you and us. You are responsible for ensuring that the terms of the Order are complete and accurate. Please check the details within our acceptance email and contact us as soon as possible if any details are incorrect or incomplete.
    • If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this by email to the email address you have provided and will not charge you for the Product(s). We reserve the full right to decline your Order (or any part of it) and refund the Purchase Price for the declined Products. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or for any other reason.
    • Your Order number. We will assign an Order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the Order number whenever you contact us about your Order.
    • Despite our best endeavours, we do not warrant that use of the Website will be uninterrupted, error-free, timely, secure, free from vulnerabilities or viruses.
    • You warrant that all details you provide to us for the purpose of placing an Order are true, accurate, current and complete in all respects.
  3. YOUR PRIVACY
    • Under Data Protection Legislation, we are required to provide you with certain information about who we are, how we process your personal data, for what purposes, your rights in relation to your personal data and how to exercise them. We do not process personal data for longer than is necessary to provide and maintain the Website and fulfil your Orders and shall act in accordance with our Privacy Policy.
    • You agree to provide reasonable assistance to us as is necessary to enable us to comply with rights of personal data subjects and to respond to any other queries or complaints from individuals, e.g., the rectification, erasure, transfer or blocking of that individual’s personal data.
  4. OUR PRODUCTS
    • Products may vary slightly from their pictures. The images and descriptions of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours and describe the features accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images; all sizes, weights, capacities, dimensions and measurements indicated on our website are indicative and not precise.
    • Products may vary slightly from the Documentation or description. We may provide Documentation to accompany our Products on the Website. The properties reported or described are on the basis of an average typical batch examined by an independent ISO certified laboratory. Your Product may vary slightly from the information found in any accompanying Documentation or description.
    • Some Products may contain small defects. Some of our Products are sold as art supplies because they are not dimensionally accurate enough to be used as 3D printing filament. These Products may contain small defects; where this is the case, this will be signposted in the Product name or description.
    • Product packaging may vary. The packaging of the product may vary from that shown in images on our Website.
    • Making sure dimensions are accurate. Please note that dimensions of Products may vary slightly from the description. If we are supplying the product to particular dimensions selected by you on the Website, you are responsible for ensuring that the dimensions you have selected are correct.
    • Use of the Product. The Products are sold for commercial development and private use in relation to 3D printing only, and strictly not for consumers or resale purposes. For wholesale enquiries, please contact us directly. You can however use the Product to create a derivative work, as long as such work does not contravene any laws, regulations or is used to cause harm or offence. We do not guarantee compatibility with all 3D printers and have no responsibility for any incompatibility with the same; it is your responsibility to ensure that the Product is fit for your intended purpose.
    • Availability of Products. If a Product becomes unavailable after you have placed an Order with us – we will refund the Purchase Price for that Product, or we may ask if you would like an alternative Product.
    • Prices may vary. We may at any time change the price of any Product on the Website.
    • Please note that discount vouchers, codes and offers cannot be used on sale Products.
  5. INTELLECTUAL PROPERTY RIGHTS
    • We retain all our Intellectual Property Rights, including those in the Products and no licence is granted by virtue of these Terms.
    • Where you make comments, feedback or submit reviews, images of the goods you have created using the Product on the Website or to us by email, in consideration of your use of the Website, you hereby grant us an irrevocable, perpetual, royalty-free, worldwide, sub-licensable licence to use and share the same for any purpose that we see fit, including but not limited to promotional and advertising purposes.
  6. ACCEPTABLE USE
    • Where you have the ability to leave feedback, make comments or submit reviews on the Website or by other means at our request, it must not in any event:
      • be unlawful or fraudulent, have any unlawful or fraudulent effect, or serves an unlawful purpose including terrorism or extremism, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
      • facilitate illegal activity;
      • breach of any applicable local, national or international law or regulation;
      • depict sexually explicit images or literature;
      • harm or attempt to harm minors and / or vulnerable persons;
      • promote unlawful violence, intimidation or bullying;
      • transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
      • knowingly or negligently transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programme or similar computer code designed to adversely affect or compromise in any other way the operation of any computer software, hardware or networked system;
      • invade another’s privacy, or causes annoyance, inconvenience or needless anxiety;
      • upload information that is inaccurate or not genuinely held;
      • impersonate any person or organisation, or misrepresent your identity or affiliation with any person; or
      • gives the impression that materials emanate from us or a third party used by us, when this is not the case;
      • infringe Intellectual Property Rights;
      • discriminate based on race, gender, age, colour, religious belief, sexual orientation, disability; or
      • be illegal or cause damage or injury to any person or property;

We reserve the right, without liability or prejudice to its other rights, remove such material and disable your access to the Website. We also reserve the right to take any other action as is deemed appropriate in the circumstances, including, disclosing such information to relevant third parties including law enforcement authorities, and taking legal action against you.

  1. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the Product you have ordered please contact us as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the Purchase Price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

  1. OUR RIGHTS TO MAKE CHANGES
    • Minor changes to the Products. We may change the Product:
      • to reflect changes in relevant laws and regulatory requirements; and/or
      • due to the actions of our suppliers; and/or
      • to implement minor technical adjustments and improvements.

These changes will not affect your use of the Product.

  1. PROVIDING THE PRODUCTS
    • The Delivery Charges will be as displayed to you on our Website and calculated in accordance with the delivery location you provide.
    • If your delivery address is outside of the UK, you acknowledge and accept full liability for any import duties and taxes levied, and that your failure to pay the same may result in our failure to deliver the Order to you.
    • We do not offer any guarantee that our Products will pass any custom clearances, or other such requirements imposed by a country of delivery outside of the UK. We recommend that you contact your local customs office before placing an Order where your delivery address is outside of the UK.
    • During the order process we will let you know an approximate delivery timeline, but time is not of the essence for delivery.
    • We reserve the right to decline to supply the Products to you for any reason.
    • Our Courier will deliver your Order to you as soon as reasonably possible and in any event your Order will be dispatched within 30 days after the day on which we accept your
    • Delivery is completed when the Courier places your Order at your disposal at the delivery address you provided at the point of placing the Order.
    • If you have ordered more than one item, your Order may be sent to you in instalments.
    • Delays in the Delivery of an Order shall not entitle you to:
      • refuse to take Delivery of the Order; or
      • a refund of all or part of the Purchase Price.
    • We shall have no liability for any failure or delay in delivering an Order to the extent that any failure or delay is caused by your failure to comply with its obligations under these Terms.
    • Risk in the Order shall pass to you on Delivery.
    • Title to Products in the Order shall not pass to you until we receive payment in full and in cleared funds and Delivery takes place.
    • A Product will be your responsibility from the time we deliver the product to the address you gave us (or if prior agreed with us, you collect it from us).
    • We may have to suspend the supply of a product:
      • to deal with technical problems or make minor technical changes;
      • due to actions taken by third parties which are beyond our control;
      • to update the product to reflect changes in relevant laws and regulatory requirements; and/or
      • for any other commercial reason deemed necessary by us.
    • If you do not pay us for the Products at the time of ordering, we will decline your Order and shall have no obligation or liability to fulfil the same.
    • If the Courier has failed to deliver your Order, please inform us so that we can investigate the status of your Order; we may send you a replacement Product as a resolution.
  2. THIRD PARTY WEBSITES

You acknowledge that the Website may enable or assist you to access the website content of, correspond with, and purchase goods and services from, third parties via third-party websites and that you do so solely at your own risk. We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party. Any contract entered into, and any transaction completed via any third-party website is between you and the relevant third party.

  1. RETURNS
    • If you end the contract for any reason after your Order or any part of it has been dispatched to you or you have received them, you must return them to us in accordance with our Return Policy.
    • For the avoidance of doubt, if you have used the Product in any way or it is not in the same condition as that to which it was delivered to you (including braking or piercing any seal), then it cannot be returned to us and/or you will not be entitled to a refund.
    • If you wish to end the contract, please email us at [email protected]
    • These Terms do not affect your statutory rights.
  2. EVENTS OUTSIDE OUR CONTROL
    • We shall have no liability to you under these Terms if we are prevented from or delayed in performing our obligations under these Terms, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Courier, delivery service or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order or local authority guidance (including free movement of goods and people), rule, regulation or direction, accident, adverse weather, breakdown of plant or machinery, fire, flood, storm, pandemic, epidemic, outbreak of infectious disease or default of suppliers or sub-contractors (“Event Outside our Control”), provided that you are notified of such an event and its expected duration. In the case of a Event Outside our Control, we reserve the right to cancel any Order made without incurring any liability to you.
  3. OUR RIGHTS TO END THE CONTRACT

We may write to you to let you know that we are going to stop providing the Product or any part of your Order. We will let you know as soon as possible of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.

  1. IF THERE IS A PROBLEM WITH THE PRODUCT

How to tell us about problems. If you have any questions or complaints about your Order or the Products, please contact us.

  1. PRICE AND PAYMENT
    • Where to find the price for the product. The price of the Product (which excludes VAT) will be the price indicated on the Order pages when you placed your Order, we will inform you of the applicable VAT before you can place an Order. We use our best efforts to ensure that the price of the Product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the Product you order.
    • We will pass on changes in the rate of VAT. If the rate of VAT changes between your Order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
    • What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Product’s correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the Product’s correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    • When you must pay and how you must pay. You must use one of the available payment means on the Website to pay for your Order. You must pay the Purchase Price and the Delivery Charges to place an Order with us. All sums payable under the Order shall be paid in Great British Pounds (GBP). We are not responsible or liable for third party payment providers, and by electing to use a payment provider, you do so at your own risk.
  2. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees or agents; for fraud or fraudulent misrepresentation.
    • We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    • You are responsible for ensuring that the Products are suitable for your needs. If you are unsure or require further information about the Products, please refer to our Documentation or contact us.
    • All warranties, representations, conditions, and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms.
    • Subject to clause 17.1, we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any depletion of goodwill or for any special, indirect or consequential loss, loss of and/or damage to Products, costs, damages, charges or expenses however arising under these Terms, including by the actions of our Couriers. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms.
    • You acknowledge that you are solely responsible for complying with any laws and regulations in the territory where you are using the Products and/or where you are selling, distributing and/or otherwise making available goods which contain or consist of the Product or have otherwise been created through use of the Product.
    • The Documentation is intended as guidance only and we make no warranty or guarantee in respect of the accuracy or veracity of the information. You accept that you shall be responsible for any reliance on the same.
    • In any event our total liability shall be limited to the total revenue generated by us in relation to your Order under which a claim is brought.
    • From time to time, we may need to undertake maintenance on the Website, during which time, the entire Website or some functionalities may be unavailable and we have no liability for any such event.
  3. INDEMNITY

You shall indemnify us against all liabilities, costs, expenses, damages, and losses (including but not limited to any direct, indirect, or consequential losses, loss of profit, loss or reputation, loss of data, loss of business and all interest, penalties, and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with your breach of these Terms.

  1. CONFLICT

If there is an inconsistency between any of the provisions in the main body of the Terms and any instructions provided by us or within any policies provided or referred to by us, the provisions in the Terms shall prevail, unless otherwise notified to you by us in writing.

  1. OTHER IMPORTANT TERMS
    • We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
    • You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • Nobody else has any rights under these Terms. These Terms do not confer any rights on any person or party (other than the parties to this Terms and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
    • No partnership or agency. Nothing in these Terms is intended to or shall operate to create a partnership between the parties or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
    • If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    • Dispute resolution. If a dispute arises between us and you, we strongly encourage you to first contact us directly to seek a resolution by contacting [email protected]. Our customer service is available free of charge to submit complaints and other inquiries. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. This does not affect the validity of clause 20.8 which remains in full force.
    • Which laws apply to this contract and where you may bring legal proceedings. The validity, construction and performance of the Terms shall be governed exclusively by English law. In the event that legal proceedings are initiated by you against us in relation to a claim or dispute arising out of or in connection with these Terms or any non-contractual obligations arising between the parties, the courts of England and Wales shall have exclusive jurisdiction to settle such dispute or claim. Where legal proceedings are initiated by us against you in relation to a claim or dispute arising out of or in connection with these Terms or any non-contractual obligations arising between the parties, we may in its sole discretion commence proceedings in the courts of any jurisdiction it may choose against you. Legal proceedings brought by us in any one or more jurisdictions shall not preclude legal proceedings by us in any other jurisdiction, whether by way of substantive action, ancillary relief, enforcement or otherwise.