Terms and Conditions
This page tells you the terms and conditions on which We supply any of the products (“Products”) listed on “makersmarket.xyz” (the “Site”) to you. Please read these terms and conditions carefully before ordering any Products from the Site. You should understand that by ordering any of Our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Information About Us
MAKERSMARKET.XYZ Ltd / makersmarket.xyz (“Us” or “We”). We are registered in England and Wales under company registration number 11483397. Our registered office is at 17 Sovereign Mews Pearson Street E2 8ER
2. Applicable law
Each transaction resulting from an order of Products via the Site shall be deemed to be performed in England. English law shall govern each such transaction, including (without limitation) all resulting contractual and other relationships Both you and We submit to the non-exclusive jurisdiction of the English courts in relation to any dispute arising out of any such transaction or order.
3. Your Status
By placing an order through the Site, you warrant to Us that:
(a) you are legally capable of entering into binding contracts; and
(b) if you are an individual, you are at least 18 years old.
4. Risk and Title
4.1 The Products will be at your risk from the time of delivery.
4.2 Ownership of the Products will only pass to you when We receive full payment of all sums due in respect of the Products, including delivery charges.
Where the product has been marked with items of a copyright nature as supplied by you, then you shall provide written approval to use the trademark, logo or registered design. We without your approval will not use this information for any other purpose.
6. Intellectual Property
You retain all intellectual property rights, including copyright, in those files that you have uploaded to makersmarket.xyz or emailed to us where you already own such rights.
We warrant only that the products manufactured by us meet your specifications and are manufactured in accordance with usual processes and standards. We do not guarantee that the product will be fit for any particular purpose.
Where the products are defective, you must provide us with full particulars of the product order, the nature of the defect and such other details as we may require. Do not return the products to Us unless we request you to do so.
Where any claim is made against Us, We may in our absolute discretion choose to replace the products or to refund the cost to you.
Any warranty claims must be made as soon as the defect is reasonably apparent and in any event, no later than 30 days after shipping of the products to you.
While we will make best efforts to ship products to you by the indicated date, we are not responsible for delay in shipping or failure to ship.
Advice regarding order shortages or damage in transit must be given to our customer service team no later than 30 days after receipt of products (refer to our returns policy below). We do not accept liability for any claims made after that time.
Shipping is complete when the products reach the address you have specified for shipping.
We do our very best to ensure that you are happy with your purchase. We offer a 30-day money back guarantee to you on all products or product parts manufactured and shipped direct from Us to you, if:
(a) they are damaged in transit;
(b) you receive the wrong products/parts; or
(c) you receive product parts made in a material or size other than that specified in your order.
We will not refund or replace goods because there is a problem with the product plan, your choice of materials or they don’t turn out as you expect. You should expect to have several attempts before you perfect your design. Prototyping and refining product plans is an integral part of the process, especially if you are creating interlocking parts.
Please note that shipping charges are not refundable.
10.1 We will not be liable to you or to any third party for any indirect or consequential loss or damage of any kind, or for any loss of data, profit, revenue, business or management time, howsoever caused.
10.2 You agree that Our liability in relation to the purchase of any Product (whether arising in negligence or otherwise), will not under any circumstances exceed the greater of (a) £500 or (b) an amount equal to the sums paid or payable by you for the purchase of that Product.
10.3 The foregoing paragraphs do not affect your statutory rights as a consumer. Nor do We exclude or limit in any way Our liability:
(a) for death or personal injury caused by Our negligence; or
(b) under section 2(3) of the Consumer Protection Act 1987; or
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be unlawful for Us to exclude, or attempt to exclude, Our liability.
11. (Registered) Use
11.1. The Information offered by Makersmarket.xyz on the Website are available only to you if you are 18 years or older and can form legally binding contracts under applicable law.
11.2. You represent and warrant that all information you submit to the Website is accurate, truthful, lawful and does not infringe or violate any rights of third parties. You grant makersmarket.xyz a non-exclusive, royalty-free, fully paid up, worldwide, transferable and sub-licensable license to use, copy, modify, distribute and display the information you submit to the Website (1) as necessary to provide the Website and Information to you and (2) to improve our products and services. You warrant that you will not use the Website or Information to:
send any unsolicited mass mailings ("spam");
launch or use any automated means or process, including but not limited to “spiders”, “robots”, “load testers” etc., for retrieving or sending more communication than a natural person could reasonably produce or to create users accounts;
collect or store personal information from other users other than the information collected during the normal course of using the Website or Information;
threaten or harass any person or entity;
gain or attempt to gain unauthorized access to any (computer) system, server, network or hardware of makersmarket.xyz, other users or any other third party;
act in any way that could overload, damage, disable, disrupt or harm the Website or interfere with any other user’s use of the Website;
adapt, modify or reverse engineer any of the systems or protocols of makersmarket.xyz;
reformat, resell, or redistribute the Website or Information in any way without the explicit consent of makersmarket.xyz in writing.
12. Reasonable Control
12.1 We shall not be liable for any failure to perform Our obligations under a Contract that is caused by matters beyond Our reasonable control. Without limiting this in any way, this including strikes, lock-outs or other industrial action, riot, war, terrorist attack, fires, storms, floods or earthquakes, impossibility of the use of transport or of communication networks, or restrictions imposed by government.
12.2 Our performance under any Contract is deemed to be suspended for the period that the matter beyond our control continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the matter to a close or to find a solution by which our obligations under the Contract may be performed despite that matter.
13. Changes to these Terms and Conditions
13.1 We have the right to revise and amend these terms and conditions from time to time.
13.2 You will be subject to the policies and terms and conditions in force as set out on the Site at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify Us to the contrary within seven working days of receipt by you of the Products).
In the event that any of these terms and conditions is held to be unenforceable or invalid by a competent authority or by judicial decree or decision, the remainder of these terms and conditions shall remain valid to the fullest extent permitted by law.
15. Transfer of Rights and Obligations
15.1 The Contract between you and Us is binding on you and Us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without Our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16.1 If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by Us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
17. Entire Agreement
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.