Last updated: 2023, April

General

Welcome to the 3D Berg Ltd. website (the “Site”). These Terms of Use (the “Terms”) create a legal agreement between you (“You”) and 3D Berg Ltd.

3D Berg Ltd. is a company registered in Bulgaria with its registered office at Haskovo 6300, Ivan Vazov 9, Bulgaria. The Site is a copyrighted work belonging to 3D Berg Ltd. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. Without limitation to the preceding sentence, Your submission of information, including personal information, through or in connection with the Site is governed by the terms of our privacy policy as updated from time to time (“Privacy Policy”). All additional terms, guidelines, and rules, including our Privacy Policy, and our General Terms of Sale, are incorporated by reference into these Terms. Unless otherwise defined in these Terms, terms used here starting with a capital letter shall have the same meaning as in our General Terms of Sale.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE WHICH AND APPLY TO ALL INFORMATION, RECOMMENDATIONS AND/OR SERVICES PROVIDED TO YOU ON OR THROUGH THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD OR OVER THE LEGAL AGE REQUIRED TO ENTER INTO A VALID CONTRACT UNDER LAW APPLICABLE TO YOU. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

Our Site, apps, products, and services are designed for businesses and their representatives. We do not target consumers – individuals who seek to use our products and services for their personal or household purposes.

1.Accounts

1.1 Account Creation. In order to use certain features of the Site, You must register for an account (“Account”) and provide certain information about Yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information You submit is truthful and accurate and (b) You will maintain the accuracy of such information. You may delete Your Account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate Your Account in accordance with these Terms.

1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of Your Account login information and are fully responsible for all activities that occur under Your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of Your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.

2.Access to the Site

2.1 Certain Restrictions. The rights granted to You in these Terms are subject to the following restrictions: (a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, reformat or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) You shall not access the Site in order to build a similar or competitive website, product, or

service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

2.2 Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to You. You agree that we will not be liable to You or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

2.3 No Support or Maintenance. You acknowledge and agree that We will have no obligation to provide You with any support or maintenance in connection with the Site.

2.4 Ownership. Excluding any User Content (defined below) that You may provide, You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by us or our suppliers. Neither these Terms (nor Your access to the Site) transfers to You or any third party any rights, title or interest in or to such intellectual property rights. We reserve all rights not granted in these Terms. There are no licenses granted under these Terms, whether implied, express, or by implication or estoppel.

       3.0 User Contributions
3.1 User Content. ” User Content” refers to all information and content that a user submits to or uses with the Site (e.g., content in the user’s profile, content or data communicated to 3D Berg via voice, email, text, or other messaging and/or uploads including data, 3D CAD data, and 2D technical drawings). You are solely responsible for Your User Content. You assume all hazards associated with the use of Your User Content, including any reliance on its accuracy, completeness, or suitability for a particular purpose, as well as any disclosure by You of Your User Content that personally identifies You or any third party. You hereby represent and warrant that Your User Content complies with our Acceptable Use Policy. You may expose Yourself to liability if, for instance, Your User Content violates the Acceptable Use Policy, because You alone are responsible for Your User Content. We are not required to back up any User Content, and any of Your User Content may be deleted at any time without notice. If desired, you are solely responsible for creating and maintaining archival copies of Your User Content.
3.2 License. 

By providing User Content to 3D Berg, you grant 3D Berg an irrevocable, non-exclusive license to use such User Content.

exclusive, perpetual, royalty-free, fully paid up, worldwide, transferable and sub-licensable right and license to use, copy, modify, reproduce, distribute and display the data (including 3D CAD Data and 2D technical drawings), documentation, drawings and specifications in Your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of (1) providing the Site and all information, recommendations and/or services provided to You on or through the Site; (2) providing the Site and all information, recommendations You irrevocably waive (and agree to cause to be relinquished) any claims and assertions of moral rights or attribution regarding Your User Content.
3.3 Promotion. By registering for an account on the Site, You grant 3D Berg permission to use Your trademarks, logos, names, and signs for marketing purposes. This means that 3D Berg may reference you as a client on our website and in other promotional materials, such as advertisements, press releases, interviews, promotional materials, and presentations. We will not use Your name if You are a natural person, and the confidentiality provisions of these Terms will continue to regulate the content You provide.

3.4 Your representations
(a) You represent and warrant that You are permitted to use the Site and have the authority to enter into legally binding contracts. The Information provided by 3D Berg on the Site is restricted to individuals who are at least 18 years old and who, per applicable law, can form legally binding contracts.
(b) You represent and warrant that all information you submit to the Site is accurate and truthful, that you have the right and authority to provide us with all User Content, documentation, drawings, and specifications, and that you are authorized to grant the license described in Section 3.
You also represent and warrant that you will use all User Content and resulting Parts in rigorous compliance with all applicable laws and requirements.
(d) You agree warrant that You will not use the Site or our services to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems, servers, hardware or networks connected to or used together with the Site, or other users or any other third party;), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site, including launching or using any automated means or process, such as “spiders”, “robots”, “load testers” etc., for retrieving or sending more communication than a natural person could reasonably produce or to create users accounts; or (vii) threaten or harass any person or entity.
e) You also represent and warrant that You will use our Site, any User Content, and any resulting Parts strictly in accordance with our Acceptable Use Policy.

3.5 Policy on Acceptable Use. 

Our ” Acceptable Use Policy” consists of the following terms:(a) will only use the Site in accordance with, and comprehend and agree to, our 3D Berg export control policy (the ” Export Control Policy”), including providing the required certifications:You are aware 3D Berg does not accept Export Controlled Data. “Export Controlled Data” is defined as data whose export is controlled by E.U. or U.S. law, depending on Your place of order, domicile, and/or status under E.U. and U.S. law. This includes, under E.U. law, (technical) data and/or end Parts that are: (1) controlled under the Common Military List of the European Union or any EU Member State equivalent; or (2) subject to the EU Dual Use Regulation 428/2009 (as amended by Regulation 2019/2199). This includes, under U.S. law, technical data and/or end Parts that are: (1) controlled under the International Traffic in Arms Regulations, or (2) subject to the Export Administration Regulations and controlled at any level above EAR99.

(ii) You certify that Your data (including 3D CAD data and drawings) and/or Your Order DO NOT contain export-controlled information.
(iii) You acknowledge that by uploading data to the Site, You are exporting data to a foreign country. 3D Berg has overseas operations, overseas employees, and overseas printing and manufacturing partners.
(iv) You certify that you are aware that it is your responsibility to determine and provide the appropriate export classification for the products and related technology and software to be provided to 3D Berg, as well as to comply with the prohibition on Export Controlled Data set forth in this agreement. You are solely responsible for providing accurate information for the purposes of complying with export control laws. The export classification indicates whether the product and related technologies are controlled, the applicable jurisdiction(s), when an export license is required, and whether the product and technology qualify for a license exception. A misclassification could lead to export control violations, which could result in substantial penalties and other sanctions.
(v) You represent and warrant that the production, shipment, sale, and use of the Parts or tooling in accordance with Your Order do not violate any export control laws or regulations.
(vi) You represent and warrant that You will not, directly or indirectly: (1) sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from 3D Berg to any destination, entity, or person prohibited by law or regulation; or (2) use Parts for any use prohibited by law or regulation, without prior authorization from the competent government authority.
(b) You also represent and warrant that you will only use the Site in accordance with our 3D Berg content policy (the ” Content Policy”), and that you have read, comprehend, and agree to it. You represent and warrant that Your User Consent (including 3D CAD data and drawings), Your Order, and/or our production, shipment, sale, or use of the Parts or tooling:
There are no weapons present. The term “weapons” encompasses firearms, firearm components, and ammunition. This includes (1) any device which will or is designed to or may be readily converted to expel a projectile by the action of an explosive; (2) any device capable of being concealed on the person from which a shot can be discharged by the energy of an explosive; (3) any component part integral to the safe firing of a projectile by means of an explosive from a device described in (1) or (2); and (4) ammunition, including cartridge cases, primers, briquets, and fuzes.
• Knife-like weaponry. This includes knives intended to cause bodily injury as well as any component or part thereof. Automatic knives, knives that cannot be detected by a metal detector, stilettos, switchblades, butterfly knives, throwing knives, foldable knives, gravity knives, and disguised knives (such as a sword cane) are examples of bladed weapons.
• Explosive devices. This includes grenades, rockets, explosives, incendiary devices, missiles, and land mines, as well as their associated elements or components.
• Toy firearms and other items resembling firearms. This includes paintball guns, airsoft guns, training weapons, dummy guns, dummy weapons, weapon replicas, and items that resemble firearms; and
• Arms-related or weapon-accessory products. Accessories, parts, or components to any weapon if they contribute to the functionality of the weapon and/or affix to the item. This would include, for instance, scopes, mounts, and knife handles because they are affixed to a weapon, but not a knife case or holster because they are neither attached to the weapon nor contribute to its functionality.
(iii) Does not violate, misappropriate or infringe any intellectual party rights (including but not limited to any copyright, patent, design right, trademark, trade secret or any other proprietary rights) or any third party rights; (iv) Does not contain information that is false, inaccurate, misleading, harassing, racially or ethnically offensive;
(c) Please be advised that the use of our website and/or the submission of User Content for the purpose of printing a firearm may be illegal. 3D Berg is obligated by law to report User Content and/or Orders for firearms that it deems to be dubious.
(d) 3D Berg reserves the right to reject any use of our Site and/or Order based on User Content that violates this Acceptable Use Policy, at its sole discretion. It is and shall remain Your sole responsibility to adhere to this Acceptable Use Policy when using the Site, uploading designs to the Site, and placing Orders. Before accepting or executing an Order or having the Parts manufactured by its manufacturing partners, 3D Berg is not obligated to examine the User Content.
DO NOT USE THE SITE OR UPLOAD YOUR DATA IF YOU HAVE ANY DOUBTS ABOUT WHETHER YOUR USE OF THE SITE AND/OR USER CONTENT AND/OR OUR PRODUCTION, SHIPPING, SALE, AND USE OF THE PARTS OR TOOLING IS ALLOWED UNDER OUR ACCEPTABLE USE POLICY.

3.6 Enforcement.

We reserve the right (but are not obligated) to evaluate any User Content and to investigate and/or take appropriate action against You in our sole discretion if You violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any third party. This may involve removing or modifying Your User Content, terminating Your Account, and/or reporting You to law enforcement. Any attempt by You to damage the Site or to undermine the legitimate operation of 3D Berg’s business or services may be a violation of criminal and civil laws, and, should such an attempt be made, we reserve the right to pursue damages from You to the fullest extent permissible by law.

3.7 Ratings.

If You provide us with any feedback or suggestions regarding the Site (” Feedback”), You hereby assign to us all rights in such Feedback and agree that we may use and fully exploit such Feedback and related information as we see fit. We will regard as non-confidential and non-proprietary any feedback you provide. You agree not to send us any Feedback that you consider to be confidential or proprietary.

       4. Third-Party Links & Ads  

4.1 External Links and Ads.

The Site may contain connections to websites and services of third parties and/or display advertisements for third parties (collectively, ” Third-Party Links & Ads”). These Third-Party Links & Ads are not under our control, and we assume no responsibility for them. We provide access to these Third-Party Links & Ads solely for your convenience and do not review, approve, monitor, endorse, warrant, or make any representations regarding Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should exercise caution and good judgment when doing so. When You click on any of the Third-Party Links & Ads, the terms and policies of the applicable third party, including the third party’s privacy and data collection practices, apply. Before proceeding with any transaction in connection with these Third-Party Links & Ads, you should conduct whatever research you deem necessary or appropriate.

4.2 Release

You hereby release and discharge Hubs (and our officers, employees, agents, successors, and assigns) from any and all past, present, and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions, and causes of action of every kind and nature (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, the Services. YOU HEREBY WAIVE CALIFORNIA CIVIL LIABILITY IF YOU ARE A CALIFORNIA RESIDENT.

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

5. Indemnification

 You agree to indemnify and hold harmless 3D Berg (and its officers, directors, employees, representatives and agents), its affiliates (and their officers, directors, employees, representatives and agents), and its and its affiliates’ (sub)contractors (including manufacturing partners), from and against any liabilities, losses, claims, demands, damages, penalties, costs and other expenses (including attorneys’ fees and court costs and litigating expenses). You agree to cooperate with our defense of these claims. You agree that you will not resolve any dispute without our prior written consent. Upon becoming aware of such a claim, action, or proceeding, we will make reasonable endeavors to notify You.

6. Disclaimers 

6.1 The Site and our services are intended to provide general information and do not constitute advice.

6.2 THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, 3D Berg (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, CONTRACTUAL OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR BE ACCURATE, RELIABLE, FREE OF MALWARE AND VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF MANDATORY LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, THEN THE DURATION OF ALL SUCH WARRANTIES IS LIMITED TO NINETY (90) DAYS.

FROM THE DATE OF FIRST USE. 

6.3 If mandatory law does not permit any of the exclusions or limitations of liability or any of the disclaimers of warranties specified in these Terms, such exclusions, limitations or disclaimers shall be limited to the maximum extent permitted by applicable law.

7. Limitation on Liability 

7.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION, IN NO EVENT SHALL 3D Berg (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, LOST PROFITS, LOST DATA, LOST INCOME, LOSS OR DAMAGE TO PROPERTY, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY DIRECT OR INDIRECT, COMPENSPATORY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE (I) TERMS; (II) YOUR USE OF, OR INABILITY TO USE, THE SITE – INCLUDING BUT NOT LIMITED TO – DAMAGES CAUSED BY MALWARE, VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION OR THE SITE; (III) YOUR USE OF, OR INABILITY TO USE, ELECTORNIC MEANS OF COMMUNICATION WITH THIS SITE – INCLUDING BUT NOT LIMITED TO – DAMAGES RESULTING FROM FAILURE OR DELAY IN DELIVERY OF ELECTRONIC COMMUNICATIONS, INTERCEPTION OR MANIPULATION OF ELECTRONIC COMMUNICATIONS BY THIRD PARTIES OR BY COMPUTER PROGRAMS USED FOR ELECTRONIC COMMUNICATIONS AND TRANSMISSION OF VIRUSES; (IV) OR CLAIMS OF THIRD-PARTIES; IN EACH CASE WHETHER IN AN ACTION OF CONTRACT OR TORTIOUS ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCESS AND USE THIS SITE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

7.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THE AMOUNT PAID BY YOU TO US UNDER THE ORDER UNDER WHICH THE LIABILITY AROSE. The presence of multiple claims will not increase this limit. YOU AGREE THAT OUR SUPPLIERS HAVE NO LIABILITY ARISING FROM OR RELATING TO THESE TERMS.

7.3 THE EXCLUSIONS IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUT 3D Berg DOES NOT EXCLUDE ANY LIABILITY WHICH MAY NOT BE EXCLUDED BY LAW. These limitations shall apply even if any limited remedy provided herein fails of its essential purpose.

8. Term and Termination

Subject to this Section, these Terms will remain in full force and effect so long as You continue to use the Site. We reserve the right to suspend or terminate Your rights to use the Site (including Your Account) at any time and for any reason, including any use of the Site in violation of these Terms. Upon termination of Your rights under these Terms, Your Account and right to access and use the Site will terminate immediately, as will Your ability to access and use the Site. You acknowledge that any termination of Your Account may result in the deletion of Your User Content from our active databases. For any termination of Your rights under these Terms, including termination of Your Account or deletion of Your User Content, 3D Berg will have no liability whatsoever to You. Even after Your rights under these Terms expire, Sections 2 through 9 will continue to be in effect.

9. General 

9.1 Variations. These Terms may be revised periodically. If we make material changes, we may notify You by sending an email to the most recent e-mail address You provided to us (if any) and/or by conspicuously posting notice of the changes on our Site. You are responsible for giving us your most up-to-date email address. In the event that the last e-mail address that You have supplied us is not valid, or for any reason is not capable of delivering to v the notice described above, our despatch of the e-mail containing such notice will nonetheless serve as effective notice of the changes described in the notice. These modifications take effect promptly for new users of our website. Continued use of our Site following notification of such modifications signifies Your acceptance of such modifications and agreement to be bound by their terms and conditions. If You are not a new user and/or do not use our Site for thirty (30) calendar days following our sending of an e-mail notice to You (if applicable) or thirty (30) calendar days following our sending of an e-mail notice to You, we may terminate your access to the Site.

The expiration of thirty (30) calendar days following our publication of the changes on our Site (if applicable) will indicate Your acceptance of such changes.

9.2 Sanctions. You may not use this Site or any of 3D Berg’ services if You are subject to U.S. or E.U. sanctions or sanctions consistent with U.S. or E.U. law imposed by the government of the country from which You access the Site and/or 3D Berg’ services.

9.3 Disclosures. The addresses of our offices are listed in these Terms.

9.4 Digital Communications. Whether You use the Site or send us emails, or 3D Berg posts notices on the Site or communicates with You via email, all interactions between You and us are conducted electronically. You agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications would satisfy if they were in hardcopy writing. The preceding has no bearing on Your non-waivable rights.

9.5 Entire Agreement. These Terms, along with the General Terms of Sale (if You place an Order) and Privacy Policy, constitute the entirety of the agreement between You and us pertaining to Your use of the Site and/or any Orders.

9.6 Release. Our waiver of any right or remedy under these Terms is only effective if it is in writing, signed by a duly authorized representative of ours, and is limited to the circumstances for which it is given. Our failure to exercise or enforce any right or provision of these Terms does not constitute a renunciation of such right or remedy, nor does it preclude our future exercise or enforcement of such right or remedy. No solitary or partial exercise of a right or remedy shall preclude or restrict the subsequent exercise of the same or other rights or remedies.

9.7 Subheadings and Explanation. These Section titles are merely for convenience and have no legal or contractual significance. “including without limitation” is what the word “including” signifies.

9.8 Consumer Prohibition. Contrary to the General Section of these Terms, if You are a consumer and not a business customer, certain terms and conditions will not apply to You. In this instance, these General Terms of Sale apply to the extent permitted by applicable consumer law; Your rights under these laws are unaffected and unrestricted by these General Terms of Sale. Because Your Orders are made to order, no withdrawal or cancellation rights (statutory or otherwise) apply.

9.9 Severability. If any provision of these Terms is held invalid or unenforceable for any reason, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be deemed modified so that it most closely resembles the original provision and is valid and enforceable to the maximum extent permitted by law. The remaining provisions are to be implemented.

9.10 Relationship between You and us. You affirm that You are acting on your own behalf and not on behalf of anyone else. Your relationship with 3D Berg is that of a User, and neither party is the other’s employee, agent, partner, franchisee, proprietor, or representative.

9.11 Assignment. These Terms, as well as Your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by You without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be void. 3D Berg may assign these Terms at will. The terms and conditions outlined in this Agreement are binding on assignees.

9.12 Non-exclusivity. This contractual arrangement is not exclusive. Each party is free to enter into additional contracts with third parties, subject to its obligations under these Terms. You agree that nothing (including using our Site or 3D Berg reviewing Your files and/or quote) will prevent us from manufacturing other parts or working with other companies, regardless of whether those companies or parts are substantially similar to, or competitive with, Your files, Parts, Order, and/or the services we provide to You. 

9.13 Governing Law and Exclusive Forum. The laws of the State of Delaware apply if You access the Site in the United States, and the laws of the Netherlands apply if You access the Site outside the United States, without regard to principles of conflict of laws, to any disputes arising out of or relating to these Terms. Excluded from application is the United Nations Convention on Contracts for the International Sale of Goods. Any dispute, claim, action, or proceeding arising out of or relating to these Terms, the relationship between 3D Berg and You, Your use of the Site, or our services, on any basis whatsoever, shall be brought in the state or federal courts located in New Castle County, Delaware, if You access the Site in the United States, or in Amsterdam, The Netherlands, if You access the Site from outside the United States.

9.14 Copyright/Trademark Information. Copyright © 2023 3D Berg. All rights reserved. All trademarks, logos, and service marks (” Marks”) exhibited on the Site belong to us or to third parties. You may not use these Marks without our prior written permission or the permission of the third party that may own the Marks.
9.15 Contact Information. If You wish to contact us in writing, or if these Terms require You to give us notice in writing, kindly write to us at the following address:

3D Berg Ltd. 
Ivan Vazov 9, Haskovo 6300, Bulgaria

email: office@3dberg.com