TERMS AND CONDITIONS FOR SELLING DIGITAL 3D FILES

Effective: July 12, 2023

The following are terms and conditions (the “Terms and Conditions”) of a legal agreement between you (the “Seller”) and Shapeways, Inc. and its affiliates (collectively, “Shapeways”, “we”, “us” or “our”) collectively with Shapeways’ general Terms and Conditions (the “General Terms and Conditions”), which govern the sale of your 3D file (“3D File”) on www.shapeways.com (the “Shapeways Website” or “Website”).

By authorizing the sale of your 3D File on the Website, you acknowledge you have read, understood and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations.    

  1. Rights, Obligations and Representations of the Seller

By offering a 3D File for sale, the Seller represents and warrants that: 

  • the 3D File does not infringe the intellectual property of any third party; 
  • the Seller had obtained all necessary rights and licenses for the use and sale of the 3D File; 
  • the Seller has the right to grant Shapeways a revocable, worldwide, non-exclusive, royalty-free, license to reproduce, sell, and distribute net proceeds from any sale on Seller’s behalf; and 
  • the 3D File does not contain any viruses, Trojan horses, malware or other harmful or restricted components. 

All 3D Files are sold under our Standard Digital File Store License.  

  1. Process of 3D File Purchases and Payment

Shapeways provides a marketplace (the “Marketplace”) on its Website that, in part, allows a buyer “(the “Buyer”) to purchase 3D Files from a Seller.  Shapeways is not a party to the 3D File purchase transaction between the Buyer and the Seller.  Payment transactions in relation to 3D File purchases are made from the Buyer to the Seller through the Marketplace. In relation to purchases of 3D Files, Shapeways is hereby authorized by the Seller to act as the Seller’s payment collection agent for the purpose of accepting the Buyer’s purchase, accepting and processing payment for the 3D File, and fulfilling the purchase of the 3D File. 

Receipt of an order and payment by Shapeways from the Buyer shall constitute satisfaction of the Buyer’s obligations with respect to the purchase of a 3D File.

  1. Payment Terms

Each Seller agrees, acknowledges and accepts that payment to the Seller by Shapeways is subject to and conditioned upon successful receipt of payment for the 3D File from the Buyer. In accepting appointment as the limited payment collection agent of the Seller, Shapeways assumes no liability for any acts or omissions of the Seller and Shapeways only acts as intermediary service (hosting) provider and as payment collection agent for the Seller.  Seller grants Shapeways the authority to act in such a role, and agrees to indemnify Shapeways for any loss associated therewith accordingly. Seller further authorizes Shapeways to collect money from the Buyer and distribute payment amounts to Seller, tax authorities, or other entities as the case requires under this agreement and in compliance with legal regulations.

SHAPEWAYS EXCLUSIVELY USES PAYPAL TO TRANSFER PAYMENTS TO SHOP OWNERS. DO NOT OPEN A SHAPEWAYS SHOP IF YOU LIVE IN A COUNTRY WHERE PAYPAL WILL NOT ALLOW YOU TO RECEIVE FUNDS FROM THE UNITED STATES. SHAPEWAYS WILL NOT PAY OR HOLD PAYMENTS ON SALES IN SHOPS WITHOUT A PAYPAL ACCOUNT ABLE TO RECEIVE FUNDS FROM THE UNITED STATES OR THE NETHERLANDS. BY AGREEING TO THESE TERMS YOU AGREE TO FORFEIT ANY PAYMENT EARNED BUT NOT PAYABLE DUE TO AN INELIGIBLE PAYPAL ACCOUNT.

We will pay your accrued 3D File payments to the valid PayPal account you provide to us via your shop owner account settings, on the 15th of each calendar month if there is a minimum accrued balance of $30. This payment will include all payments earned up until 11:59PM UTC on the 14th of that month. Please be aware that if you earn less than US$30, before VAT (if applicable) then the amount will not be paid, but will accrue to your account until such time as it becomes equal to or greater than US$30. If you or we terminate your account and / or close your shop, and you have less than US$30 in accrued but unpaid payments, we will send you your final payment on the next 15th day of a month.

If we pay you for a 3D File that is later determined to be in violation of the Shapeways content policy, Shapeways will deduct the value of that payment from future payments. If future payments are unavailable for such action, Shapeways may require you to return the value of the payment.

If we pay you for a 3D File that is later refunded for a reason that Shapeways determines is the result of an inaccurate description or 3D rendering, Shapeways will deduct the value of that payment from future payments. If future payments are unavailable for such action, Shapeways may require you to return the value of the payment for the refunded 3D File.

If we determine that we have erroneously paid you for any reason, Shapeways will deduct the value of that payment from future payments. If future payments are unavailable for such action, Shapeways may require you to return the value of the erroneous payment.

If we are unable to provide you with payment because you provided us with incorrect PayPal account information or if you supplied a PayPal account for a country which we cannot send payment (per PalPal dictated restrictions), we will attempt to contact you to obtain correct or valid PayPal account information. If we are unable to obtain corrected information within 90 days of our first attempt to remit payment, you forfeit all rights to that payment and any future payments generated until you provide us with correct information.

  1. Tax Information

It is your responsibility to determine what, if any, taxes apply to the payments you receive from us, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to the transactions made via the Services, or for collecting, reporting or remitting any taxes arising from any payments made to you for products sold through your shop. In accordance with relevant law, Shapeways and/or the Shapeways payment processors may report accounts with gross payments over $20,000 and over 200 separate payments in a calendar year to tax authorities.