TERM OF SALE

Name of the unit: 3D SMART SOLUTIONS CO., LTD – abbreviated as 3DS, all information related to the phrase “3DS” will be understood under the name of 3D SMART SOLUTIONS CO., LTD

3DS Shop Term of Sale

Welcome to 3DS Shop. “Shop” refers to our 3DS websites accessible through Shop that allow you to browse, view, acquire, purchase, and rate and review products and services and digital content, including digital goods (collectively, “Digital Content”), devices such as: 3D printing devices, 3D scanning devices, and more (together with Digital Content, collectively, “Products”). Through the Shop, 3DS also provides access to a variety of resources, including download areas, software, tools, and information about software, services, and other items (collectively “Services”). These Terms of Sale (“Terms of Sale”) govern your use of the Shop and other 3DS services referred to in these Terms of Sale, as well as purchases you make through the Shop. Some Products and Services offered in the Shop are offered by sellers other than 3DS. By using the Shop or any Service available through the Shop, or by purchasing a Product through the Shop, you accept and agree to these Terms of Sale, 3DS’s Privacy Statement (see the Privacy and Protection of Personal Information section below), and applicable terms and conditions, policies, or disclaimers found in the Shop or referenced in these Terms of Sale (collectively the “Shop Policies”).

Please read all Shop Policies carefully. You may not use the Shop if you do not agree to the Shop Policies.

3DS may update or amend Shop Policies without notice and at any time. See Section 19.

Terms Relating to Your Use of the Shop

1. Member Account. You will ensure that all account information you provide to us is current, complete, and accurate. We may require you to accept a service agreement or separate terms of use as a condition of opening an account. Your use of the account to access the Shop and any content you acquire from the Shop is subject to all terms that govern your 3DS account that were presented to you when you opened the account. For more information, please see the 3DS Privacy Polices. You are responsible for keeping your account information and password confidential and for all activity that occurs under your account.

2. No Unlawful or Prohibited Use. You will not use the Shop for any purpose that is unlawful or prohibited by these Terms of Sale, the Shop Policies, or any other terms that apply to your use of the Shop. You may not use the Shop in any manner that could damage, disable, overburden, or impair any 3DS server, or the network(s) connected to any 3DS server, or interfere with any other party’s use and enjoyment of the Shop. You may not attempt to gain unauthorized access to the Shop, other accounts, computer systems, or networks connected to any 3DS server or to the Shop, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Shop. You may not use the Shop in a way that infringes rights of third parties, including willfully harming a person or entity, including 3DS. You may not commercially distribute, publish, license, or sell any product, information, or Services obtained through the Shop.

3. Materials You Provide to 3DS or Post in the Shop. 3DS does not claim ownership of the content you provide to 3DS or post, upload, input, or submit through the Shop (such as feedback, ratings, reviews and suggestions) or associated 3DS services for review by others (each a “Submission” and collectively “Submissions”). However, you grant 3DS a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and sublicensable right to use, modify, adapt, reproduce, create derivative works from, translate, edit, perform, distribute, and display your Submissions, including your name, in any media. If you publish a Submission in an area of the Shop where it is available broadly online without restrictions, your Submission may appear in demonstrations or materials that promote the Shop and/or the Products, Services or content offered through the Shop. You warrant and represent that you have (and will have) all of the rights necessary to make any Submission you provide and to grant these rights to 3DS, on a worldwide basis and for the duration of these rights.

3DS has no obligation to compensate you for use of your Submission. 3DS is under no obligation to post or use any Submission and 3DS may remove any Submission at any time and in its sole discretion. 3DS takes no responsibility and assumes no liability for your Submissions or the content others post, upload, input, or submit using the Shop.

If you rate or review an application in the Shop, you may receive an email from 3DS that contains content from the publisher of the application.

4. Links to Third-Party Websites. The Shop may include links to third-party websites that let you leave the Shop. These linked sites are not under the control of 3DS and 3DS is not responsible for the content of any linked site or any link contained in a linked site. 3DS is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by 3DS of the site. Your use of the third-party website may be subject to that third party’s terms and conditions and/or privacy policies and you should read these carefully before agreeing to them.

Terms Relating to the Sale of Products to You

5. Geographic Availability. Available Products and Services may vary depending on your region or device. In addition, there may be limits on where we can ship Products or provide Services or Digital Content. To complete your purchase, you may be required to have a valid billing and shipping address within the country or region of the Shop where you are purchasing.

6. Geographic Availability. Available Products and Services may vary depending on your region or device. In addition, there may be limits on where we can ship Products or provide Services or Digital Content. To complete your purchase, you may be required to have a valid billing and shipping address within the country or region of the Shop where you are purchasing.

7. Export Limitations. Products and Services may be subject to customs and export control laws and regulations. You will comply with all applicable international and national laws and regulations.

8. Billing. By providing 3DS with a payment method, you: (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize 3DS to charge you for any Products or Services you purchase; and (iii) authorize 3DS to charge you for any paid feature of the Shop that you choose to sign up for or use. You will promptly update your account whenever there is a change to your account information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) subject to applicable law (which for consumers may include the Province of Quebec), on a recurring basis for subscriptions. Also, for 3DS Subscription Services and Third-Party Subscription Services billed through 3DS, we may charge you up to the amount you have approved, and we will notify you in advance and in accordance with the terms of your subscription of any change in the amount to be charged for recurring subscriptions. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed. For more information about recurring billing for 3DS Subscription Services and Third-Party Subscription Services billed through 3DS, see Section 9.

9. Subscription-Based Products and Services; Recurring Billing; Automatic Renewal.

3DS Subscription Services. If you acquired a Product or Service through Shop and it is listed as one of the Covered Services, the terms and conditions related to your subscription and recurring billing set forth in the 3DS Services Agreement. To manage your 3DS Subscription Service, go to the 3DS Subscription Service site.

Third-Party Subscription Services Billed Through 3DS. If you acquired any other Product or Service through Shop that is subscription-based and for which recurring billing is administered by 3DS, the following terms and conditions in this Section 9 of these Terms of Sale apply: Subject to applicable law, when you make a purchase on a subscription basis (e.g., weekly, monthly, every 3 months, or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to 3DS by the method you have chosen at the recurring intervals chosen by you, until the subscription is terminated by you or by 3DS or otherwise in accordance with its terms. By authorizing recurring payments, you authorize 3DS to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, 3DS or its service providers reserve the right to collect any applicable return item, rejection or other fees as permitted by applicable law.

If you are taking part in any trial-period offer, you must cancel the service by the end of the trial period to avoid incurring new charges unless we notify you otherwise. Subject to applicable law, if you do not cancel the service at the end of the trial period, you authorize us to charge your payment method for the product or service.

Provided that automatic renewals are allowed in your country, region, province/territory, or state, you may choose for certain Products or Services to automatically renew at the end of a fixed service period. If you elect to automatically renew your Product or Service, we may automatically renew the term of the Product or Service at the end of the current service period and charge you the then-current price for the renewal term, unless you choose to cancel the Product or Service as described below. We will bill your chosen payment method for the renewal, whether it was on file on the renewal date or provided later. You may cancel the Product or Service prior to the renewal date to avoid being billed for the renewal. If you cancel an automatic renewal Product after the renewal date, we will fulfill the Product or Service through the end of the renewal term, and you will not be automatically charged again for that Product or Service. For more information about how to cancel a subscription billed through 3DS, please go to 3DS Subscription Service. We will notify you in advance and in accordance with the terms of your subscription of any change in the amount to be charged for recurring subscriptions.

Third-Party Subscription Services Not Billed Through 3DS. If you acquired any Product or Service through the Shop or otherwise using your 3DS Account that is subscription-based and for which recurring billing is not administered by 3DS, please see the terms and conditions presented to you by the applicable developer or provider that administers the recurring billing for that Product or Service.

10. Product Availability and Quantity and Order Limits. Product prices and availability are subject to change at any time and without notice. 3DS may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. If the Products that you order are unavailable, we may contact you to offer you an alternative. If you do not choose to purchase the alternative Product, we will cancel your order.

3DS reserves the right to refuse, reject, cancel, terminate or not to process any order (including accepted orders) at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered Products are not available, where the price or other material information on the Shop is inaccurate or for other errors. In the event of pricing or other errors, we may, in our discretion, either (a) cancel your order or purchase or (b) contact you for instructions. In the event of cancellation, your access to any associated Digital Content will be disabled.

We may disable access to Digital Content associated with your account for any reason. We may also remove or disable Digital Content on your device in order to protect the Shop or potentially affected parties. Some Digital Content may be unavailable from time to time or may be offered for a limited time. Availability can be affected by region. Thus, if you change your account or device profile information to another region, you may not be able to re-download or re-stream Digital Content that you purchased; you may need to re-purchase Digital Content that you paid for in your previous region. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any Digital Content you purchase.

11. Updates. If applicable, 3DS will automatically check for and download updates to your applications, even if you’re not signed into the Shop. You can change your settings if you prefer not to receive automatic updates to Shop apps. However, certain Office Shop apps that are entirely or partly hosted online may be updated at any time by the app developer and may not require your permission to update. Some other apps may not be accessible until you accept an update. If you choose not to download or install updates, your applications may no longer be available, supported, or have previous functionality.

12. Software Licenses and Use Rights. Software and other Digital Content made available to you through the Shop is licensed, not sold, to you. Applications downloaded directly from the Shop are subject to the Standard Application License Terms (“SALT”) unless different license terms are provided with the application. (Applications downloaded from the Office Shop are not governed by the SALT and have separate license terms.).

Digital Content obtained through the Shop is subject to the Usage Rules for Digital Goods. You understand and acknowledge that your rights with respect to Digital Content are limited by these Terms of Sale, copyright law and the Usage Rules for Digital Goods. Software licenses purchased through the Shop are subject to the license agreement that accompanies the software, and you will be required to agree to the license agreement when you purchase, download, or install the software. Any reproduction or redistribution of Digital Content not in accordance with the relevant license terms, usage rules, and applicable law is expressly prohibited and may result in severe civil and criminal penalties. Violators risk prosecution to the maximum extent of the law.

Please contact 3DS customer support if you would like a copy of the applicable license agreement or warranty for boxed software, at no cost, before you open any software packaging.

Other Terms and Conditions. In addition to software and other downloadable Products or Digital Content, 3DS may offer to you other Products and Services available in the Shop, subject to separate end user license agreements, terms of use, terms of service, or other terms and conditions. If you purchase, install, or use those Products or Services, you may be required to also accept those terms as a condition of purchase, installation, or use.

For your convenience, 3DS may be made available as part of the Shop or in its software or Products, Services, tools, and utilities for use and/or download that are not part of the products sold. Except where prohibited by applicable law (which for consumers may include the province of Quebec), 3DS disclaims all representations, warranties, conditions, and assurances with regard to the accuracy of the results or output from any such Services, tools, or utilities.

Please respect the intellectual property rights of others when using the tools and utilities made available through the Shop, or in any Product

13. Codes for Software and Content Downloads. Certain Digital Content is delivered to you through a download link available in your 3DS account associated with your purchase. Subject to the paragraph below, we usually Shop the download link and related digital key for these purchases in your 3DS account for 3 years following the purchase date, but do not promise to Shop them for any particular length of time. For subscription Products that are delivered through a download link, different terms and storage rights may apply, which you will be able to review and agree to at the time you purchase your subscription.

We may cancel or modify our digital key storage program at any time. You also agree that we may stop supporting the storage of keys for one or more Products at any time and for any reason, including, by way of example, at the end of the Product support life cycle, after which you will no longer have access to the download link or digital key. If we cancel or modify our program such that you will no longer have access to the download link or digital key(s) in your account, we will provide at least 90 days’ advance notice to you using the contact information for the related 3DS account.

14. Pricing

The Shop does not have a price-match guarantee that provides for matching the advertised price other retailers offer for the same items. However, if we lower our price on a device Product within 30 days of your purchase, we will honor the lower price. If you notice that we have lowered the price on a device you recently purchased, please contact Sales and Support and we’ll gladly issue a refund or credit for the difference (if you paid with a credit card, you’ll need to use the same card). You must contact 3DS within 30 days of the price change to receive the refund or credit. Price reductions/adjustments are not available for clearance items and limited-time price reductions associated with promotions and/or special sale events including Tet Holidays, Black Friday, Cyber Monday, or Cyber Week….

We may offer an option to pre-order some Products before their availability date. To learn more about our pre-order policies, please see our Pre-Orders page

Unless stated otherwise, prices shown in the Shop exclude taxes or charges (“Taxes”) that may apply to your purchase. Prices shown in the Shop also exclude delivery costs. Taxes and delivery costs (as applicable) will be added to the amount of your purchase and shown on the check-out page. You are solely responsible for paying such Taxes and costs.

Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for conversion or processing services when you use a credit or debit card. Please contact your bank for details.

15. Return Policy.

Eligible Products. We will accept returns and exchanges for eligible products for 30 days from the date of purchase or download, as applicable. Any product you purchase or download that is not listed below as ineligible, or subject to separate return policies or terms, will be considered an eligible product for purposes of this Section 15. Simply return the eligible Product in like new condition and in its original packaging, along with all parts, components, instruction manuals, and documentation that were initially included. This Return Policy does not affect any statutory rights that may apply to your purchase.

With the devices products, you can return the devices products when:

Products must be guaranteed to be new, 100% in original condition as when received, with no signs of impact/water damage, no dents, scratches…
The Product to be returned must be packaged with accessories, manuals, warranty cards and freebies (if any)… in the manufacturer’s product box/box, in the same condition as when you received the product. The packaging of the box containing the product must be intact, not dented, distorted or scratched, wet, torn…
Products with manufacturer’s defects are products with hardware defects and have a record of the manufacturer’s/company’s defect, the appraisal time is from 3-5 days (excluding Saturdays, Sundays and holidays)
For products damaged during transportation, the returned product must be accompanied by specific images of the condition of the goods, box, and video of the product being opened for us to check.

Packaged software must be returned with their seal intact and must include all media and product keys. As a limited exception, software and game packages that have been opened may be returned during the return period if you are unsatisfied with the license agreement or warranty, but only if you do not make or retain any copies.

Even if you return a Product, including packaged software or packaged games, these Terms of Sale will still apply to the time between your purchase or download, as applicable, and return.

When you make a qualifying return, we will credit the full amount you paid, less the original shipping and handling charges (if any) except we won’t deduct those charges for returns because you are unsatisfied with the license agreement or warranty, and you will typically receive your refund in approximately 3-5 business days. Any refunds will be applied to the same account, and using the same method of payment, used to place the order (unless you choose a Shop credit in the amount of the refund).

For complete details on how to return eligible Products, see our Returns and Refunds page.

Ineligible Products. Some Products are not eligible for return or refund; unless otherwise provided by law or by a particular offer, all purchases of these types of Products are final and non-refundable. Products ineligible for return and refund include, but are not limited to, the following:

Digital applications, in-app content, in-app subscriptions (subject to the return policies below);
Device products that are damaged, broken, impacted, or have missing parts and accessories;
Products intended for return must be packaged together with accessories, manuals, warranty cards, and bonus items (if any)… in the manufacturer’s product box/box, in the same condition as when received. The product packaging must be intact, not dented, distorted, scratched, wet, torn…
Third-party subscription services paid for via 3DS (subject to the return policies below);
Gift cards and service/subscription cards;
Personalized or customized products;
Special order products, if not included in a promotional offer on the Shop;
Consumables if used or partially used
Tools if used or partially used
Services that have been performed or consumed; and
Items that are cleared from stock or marked with a designation such as “Final Sale” or “Non-Returnable”

3DS Subscription Services Refund Policy. For complete details on refunds for 3DS Subscription Services, see Section 9.

Third-Party Subscriptions Billed Through 3DS. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable

16. Payments to You. If we owe you a payment, you will timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. To the extent permitted by applicable law, you must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You will cooperate with us in our efforts to do this. We may also reduce a payment to you without notice to adjust for any previous overpayment.

17. Gift Cards and Credit voucher

Redemption and use of other 3DS gift cards are governed by the 3DS Gift Card Terms and Conditions

18. Customer Service. Please visit our 3DS customer Support page for more information about customer service options.

General Terms

19. Changing Terms. 3DS may change the Terms of Sale at any time and without notice to you. The Terms of Sale in force at the time you place your order will govern your purchase and serve as the purchase contract between us. Before your next purchase, 3DS may have changed the Terms of Sale without notice to you. Please review the Terms of Sale each time you visit the Shop. We recommend that you save or print a copy of the Terms of Sale for future reference when you purchase a Product.

20. Changing Terms. 3DS may change the Terms of Sale at any time and without notice to you. The Terms of Sale in force at the time you place your order will govern your purchase and serve as the purchase contract between us. Before your next purchase, 3DS may have changed the Terms of Sale without notice to you. Please review the Terms of Sale each time you visit the Shop. We recommend that you save or print a copy of the Terms of Sale for future reference when you purchase a Product.

21. Privacy and Protection of Personal Information. Your privacy is important to us. We use certain information that we collect from you to operate and provide the Shop. Please read the 3DS Privacy Statement as it describes the types of data we collect from you and your devices (“Data”) and how we use your Data. The Privacy Statement also describes how 3DS uses your communications with others; postings or feedback submitted by you to 3DS via the Shop; and the files, photos, documents, audio, digital works, and videos that you upload, Shop, or share on your devices or through the Shop (“Your Content”). By using the Shop, you expressly consent to 3DS’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement.

22. Product Display and Colors. 3DS attempts to display product colors and images accurately but we cannot guarantee that the color you see on your device screen or monitor will exactly match a Product’s color.

23. Errors in Shop Presentation. We work hard to publish information accurately, update the Shop regularly, and correct errors when discovered. However, any of the content in the Shop may be incorrect or out of date at any given time. We reserve the right to make changes to the Shop at any time, including to product prices, specifications, offers and availability.

24. Termination of Use or Access. 3DS may terminate your account or use of the Shop at any time for any reason, including, without limitation, if you are in breach of these Terms of Sale or the Shop Policies, or if the Shop is no longer operated by 3DS. By using the Shop, you agree to be responsible (in accordance with these terms) for any orders you make or charges you incur prior to such termination. 3DS may change, discontinue, or otherwise suspend the Shop at any time, for any reason, and without prior notice to you.

25. Warranties and Limitation of Remedies. Except where prohibited by your applicable local law, 3DS and its suppliers, distributors, resellers, and content providers disclaim all express and implied warranties, guarantees, and conditions, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, title, or non-infringement. Products or Services sold or available through the Shop are warranted, if at all, only under any license agreements or manufacturer’s warranties that accompany them. Except as provided under an accompanying license agreement or manufacturer’s warranty:

Your purchase and use are at your own risk;
We provide Products and Services “as is,” “with all faults,” and “as available”;
You assume the entire risk as to their quality and performance; and
Should they prove defective, you assume the entire cost of all necessary servicing or repair.

3DS doesn’t guarantee the accuracy or timeliness of information available from the Shop or Services. You acknowledge that computer and telecommunications systems are not fault-free and occasional downtime occurs. We do not warrant that access to the Shop or Services will be uninterrupted, timely, secure, or error-free, or that content loss won’t occur.

You may have certain rights under your local law. Nothing in this contract is intended to affect those rights, if they apply.

26. Limitation of Liability. You agree that you can’t recover any other damages or losses, including consequential, special, indirect, incidental, or punitive damages, or lost profits. The limitations and exclusions in Sections 25 and 26 apply even if you incur damages and even if we knew or should have known about the possibility of the damages. Some states or provinces/territories (which for consumers may include the province of Quebec) do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

To the maximum extent permitted by law, these limitations and exclusions apply to all claims, under any legal theory, related to the Shop (including the Services), these Terms of Sale, or any Product offered, including loss of content, any virus or malware affecting your use of the Shop or any Product or Service available through the Shop; and delays or failures in starting or completing transmissions or transactions.

27. Interpretation of these Terms. All parts of these Terms of Sale apply to the fullest extent permitted by applicable law; you may have greater rights in the jurisdiction in which you reside (or, if you are a business, your principal place of business). If we determine that we cannot enforce a part of these Terms of Sale as written, we may replace it with similar terms to the extent enforceable under applicable law, but the remainder of these Terms of Sale will remain unchanged. These Terms of Sale are solely for your and our benefit and are not for the benefit of anyone else, except 3DS’s successors and assigns. Other terms may apply if you purchase products or services from other 3DS websites.

28. Assignment. We may assign, transfer, or otherwise dispose of our rights and obligations under these Terms of Sale, in whole or in part, at any time without notice to you. You may not assign or transfer any rights under these Terms of Sale.

29. Notices and Communication. For customer support inquiries, please contact the 3DS customer support team. For disputes, please follow the notification process in this section.

30. Choice of Law and Place to Resolve Disputes.

All elements comply with the current laws of Vietnam.

31. Notices

All rights reserved. We or our suppliers and other Third Party providers own the ownership, copyright and other intellectual property rights in the Shop, Services and content. 3DS and the name, logo and icons of all 3DS Products and Services may be trademarks or registered trademarks of 3DS in Vietnam and/or other countries.

32. Safety Warning. To avoid possible injury, discomfort, or eye strain, you should take periodic breaks from use of games or other applications, especially if you feel any pain or fatigue resulting from usage. If you experience discomfort, take a break. Discomfort might include feelings of nausea, motion sickness, dizziness, disorientation, headache, fatigue, eye strain, or dry eyes. Using applications can distract you and obstruct your surroundings. Avoid trip hazards, stairs, low ceilings, fragile, or valuable items that could be damaged. A very small percentage of people may experience seizures when exposed to certain visual images like flashing lights or patterns that may appear in applications. Even people with no history of seizures may have an undiagnosed condition that can cause these seizures. Symptoms may include lightheadedness, altered vision, twitching, jerking or shaking of limbs, disorientation, confusion, loss of consciousness, or convulsions. Immediately stop using and consult a doctor if you experience any of these symptoms or consult a doctor before using the applications if you’ve ever suffered symptoms linked to seizures. Parents should monitor their children’s use of applications for signs of symptoms.