Agreement

Your usage of the Site is subject to your compliance with the terms and conditions set forth below. If you do not agree to these Terms of Use, do not use the Site.

NextDayWax may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified version on the Site. Your continued use of the Site shall be deemed your conclusive acceptance of the modified terms and conditions. However, contracts concluded on the basis of previous terms and conditions remain unaffected but you have to prove the terms which are applicable.

Orders placed by you are accepted and all contracts are made subject to these terms and conditions which shall prevail and be effective notwithstanding any variations or additions contained in any order or other document submitted by you. No modification of these terms shall be binding upon NextDayWax or any of its subsidiaries or affiliated companies (hereafter 'NextDayWax) unless made in writing by an authorised representative of NextDayWax.

The Site is available only in English and an order can be placed only in English.


Usage of the service

NextDayWax offers the service of creating your design. You can use the services provided that you are of legal age to make a binding contract. In case you choose to work with our services using an account, it will be protected by a password.

You are responsible for maintaining the confidentiality of your account password, and you are responsible for all actions that are done under your account. You will immediately inform NextDayWax in case of unauthorized use of your account. NextDayWax cannot and will not be liable for any loss or damage, arising from your failure to protect your account and/or your password.

You are solely responsible for 1) providing true, accurate, current and complete information about you as prompted in the Site account details section and 2) maintaining and promptly updating account information to maintain its accuracy, currency and completeness.


Ordering Process

The ordering process happens as follows : you upload or select the model you would like to be reproduced by NextDayWax; you choose the service you require, you choose the country where the model must be delivered; you have a view of the order and the costs (production, delivery, and other taxes when applicable); you choose the payment manner and execute the payment and confirm the order. Before paying, you have the possibility to go back in the process (clicking the "back" button) if you see that a mistake has been made and you would like to modify it.

You must ensure that the information you submit in your order is accurate and complete before paying it, because afterwards it is impossible to bring any modification because the production starts immediately. Should it not be the case, modifications will be allowed in so far it has been agreed by NextDayWax in writing.

After you have placed an order, we will send you an e-mail confirming your order details. This confirmation means that a binding agreement will exist between us, except if your offer is based on a file which contains two or more models "grouped models" (for further explanation, please click on the word "grouped models") or if there is an inability to process orders, which you shall be informed at last within two working days after filing your order.

NextDayWax may, at any time during the quotation and the ordering and the manufacturing process, revoke and/or cancel any quotation/order, if there are technical reasons to do so. In such case, NextDayWax will reimburse you all monies paid.

The prices, charged upon placement of the orders, are calculated based on building types with a certain attainable level of detail. Due to technical reasons, it may be impossible for certain models to be produced due to design faults. In such cases, NextDayWax undertakes best effort to contact you. In any case, NextDayWax then reserves the right to either build the part with a different thickness and/or switch to another production technique, and apply any modification to the order (such as modification of price, of terms/term of delivery, ...) resulting from such decision.

NextDayWax maintains records of orders and allow you to have access to it for an indefinite period.

NextDayWax recommends that you keep a printed copy of these terms and conditions as well as a copy of the order confirmation and invoice.


Price - Payment

The price calculated by NextDayWax contains the cost for the services rendered by NextDayWax, the manufacturing of the product and the shipment of the product, as well as taxes when applicable. There is no insurance. Other duties and taxes applicable for the delivery of the product, even if not mentioned in the invoice sent by NextDayWax, will be paid by you.

The price is calculated in EURO, DOLLAR or YEN. Offsetting against any kind of non-approved counter-claims as well as execution of right of retention of goods shall be excluded unless established in court, undisputed or recognised by NextDayWax. NextDayWax remains the sole owner of the products until their entire payment, transport and taxes included.

Separate parts of a quote can be invoiced separately. NextDayWax reserves the right to refrain from execution of further components of a quote, or of a following quote, or to terminate a delivery, as long as the outstanding issued invoices remain unpaid. NextDayWax retains full legal title to products you upload to our website.


Term of delivery - Risk of transport

The average time required to produce the wax model is about 2 working days. This is a preliminary indication, but does not bind NextDayWax in any way. The delivery time is based on the working conditions applicable at the time the agreement is concluded and on the punctual delivery of the materials ordered by NextDayWax for the execution of the order. Should a delay rise for which NextDayWax is not responsible, as a result of a change in the aforementioned working conditions or because materials ordered in time for the performance of the work are not delivered on time, the delivery time shall be extended as required and NextDayWax cannot be held liable for such delay.

Should your payment details be incorrect, the delivery will be postponed until the correct information is received from you.

NextDayWax uses its discretion in selecting a reputable carrier and appropriate means of delivery. All risks during transport are borne by you.


Term of delivery - Risk of transport

The average time required to produce the wax model is about 2 working days. This is a preliminary indication, but does not bind NextDayWax in any way. The delivery time is based on the working conditions applicable at the time the agreement is concluded and on the punctual delivery of the materials ordered by NextDayWax for the execution of the order. Should a delay rise for which NextDayWax is not responsible, as a result of a change in the aforementioned working conditions or because materials ordered in time for the performance of the work are not delivered on time, the delivery time shall be extended as required and NextDayWax cannot be held liable for such delay.

Should your payment details be incorrect, the delivery will be postponed until the correct information is received from you.

NextDayWax uses its discretion in selecting a reputable carrier and appropriate means of delivery. All risks during transport are borne by you.


Inspection - Returns - Replacements - Refunds

As the products are made immediately on the basis of your specifications, there is no right to return or possibility for cancelling your order once submitted to us, or otherwise agreed in writing. You should not return products without having received an explicit request from NextDayWax to do so. NextDayWax reserves the right to revoke and/or modify (part of) a quotation and/or order confirmation for technical reasons.

Due to the fragile nature of the wax we product, NextDayWax takes no liability for breakages once collected by yourself, or courier. NextDayWax is not liable for consequential loss, damage, other indirect loss and loss as a result of third party liabilility.

Internet communications are capable of data corruption and therefore NextDayWax does not accept any responsibility for changes made to such communications after their dispatch. It may therefore be inappropriate to rely on information/advise contained in an e-mail without obtaining written confirmation of it.

NextDayWax does not accept responsibility for any errors or problems that may arise through the use of Internet communication and all risks connected with sending commercially sensitive information relating to your business are borne by you. If you do not agree to accept this risk, you should notify NextDayWax in writing that e-mail is not an acceptable means of communication.


Intellectual property

NextDayWax grants you a limited, non-exclusive license to generate quotes and place orders with NextDayWax. NextDayWax retains all ownership and intellectual property rights to the Site. You may not cause or permit reverse engineering, disassembly or decompile the Site.

The NextDayWax.com website contains names, which are trademarks and/or brand names of NextDayWax. These marks and other NextDayWax brand names may not be used without the written permission of NextDayWax. The copyright in the content of the Site is owned by NextDayWax or other third parties. No part of the Site may be copied or reproduced for commercial purposes without the express written permission of NextDayWax or the identified owner of the information and content.

NextDayWax.com provides an automated internet-based service to users, which they use to design and sell products. NextDayWax contractually prohibits its users from using the service to order and/or sell products that infringe third party intellectual property rights (including among others copyright, trademark, design and model, patent, trade dress and right of publicity, etc.). You are solely responsible for the content that you upload on the Site. By submitting an order to NextDayWax, you confirm that you are the owner and/or you have obtained from a third party the rights necessary for submitting this order to NextDayWax for production and commercial use (see the article re. the challenges) without any violation of any intellectual property rights. If the design you submit to NextDayWax risks infringing the intellectual property rights of third parties, NextDayWax reserves the right to either not produce the design or produce the design without the part that risks infringing the rights of third parties. Should your user generated content nevertheless be found to be infringing and/or in violation of any law, you will defend NextDayWax against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by NextDayWax with respect to such claims.

You acknowledge that electronic communications, databases and websites are subject to errors, malfunctions, tampering and break-ins, or that use thereof may result in damages to your systems or operations. While NextDayWax will implement reasonable precautions to attempt to prevent such occurrences, you further acknowledge that NextDayWax does not guarantee such events will not take place and that NextDayWax will not be liable for any such occurrences. You shall be solely responsible for ensuring that any information or content downloaded from the Site or any other website accessed from the Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage its systems, software or data, and you shall indemnify, defend and hold NextDayWax harmless from any liability, claim, cost or damage arising out of any third-party claim or suit caused by such virus or code or subroutine.


Challenges

By submitting an entry (which includes 3D file, pictures and text description) to NextDayWax, you grant a non-exclusive, royalty free, unlimited in the time, worldwide license to NextDayWax to display the design you submitted and/or a reproduction of this design for marketing purposes. NextDayWax has the right to reproduce in 3D, to take photographs/pictures and reproduce the pictures of the design on any support (CD, DVD, internet, folder, etc.) for marketing purposes. NextDayWax shall never reproduce the design for which you grant a license to NextDayWax in order to sell it. By submitting your design to the challenge, you state that you are the sole creator of the model and that you do not infringe any copyright or any other intellectual property right (trademark, design and mode, patent, etc.) of a third party and/or that you obtained all the necessary permissions in order to duly allow such a license to NextDayWax.


Limitation of liability

The information and content provided on the Site and your access of the Site does not create any relationship between you and NextDayWax.

ALL INFORMATION AND CONTENT ON OR OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. YOU HEREBY WAIVE ALL OTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. NextDayWax DOES NOT WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY ERROR OR DEFECTS WILL BE OR CAN BE CORRECTED. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.

NextDayWax SHALL NOT IN ANY EVENT BE LIABLE TO ANY USER OR TO ANY THIRD PARTY FOR ANY DIRECT DAMAGES, LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR FOR LOSS OF INCOME, BARGAIN, REVENUE, CONTRACTS, GOODWILL, USE, ENJOYMENT, TIME, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE WHATSOEVER (BUT NOT TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIABILITY EXCLUSIONS OR LIMITATIONS FOR INTENTIONAL TORTS, GROSS NEGLIGENCE, DAMAGES ARISING OUT OF PRODUCT LIABILITY OR OTHER FAULT BASES), NOR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR INCIDENTAL LOSSES, DAMAGES OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THE SITE, OR THE INFORMATION OR CONTENT, IRRESPECTIVE OF THE BASIS FOR SUCH CLAIM.

UNDER NO CIRCUMSTANCE CAN NEXTDAYWAX BE HELD LIABLE FOR ANY PRODUCT DEFECTS OR SPECIFICATIONS HAVE BEEN REQUESTED/ANALYSED IN THE QUOTATION PHASE. THE LIABILITY OF NEXTDAYWAX VIS-A-VIS YOU FOR REAL AND PROVEN DAMAGE WILL, REGARDLESS THE GRAVITY OF THE FAILURE, BE LIMITED TO THE PRICE OF THE PRODUCT DIRECTLY RELATED TO THE REASON OF THE CLAIM.


Data protection and privacy

By submitting orders:

  • you consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details and other personal details ("Personal Data"), in accordance with the terms of NextDayWax; subject to the situation that these Personal Data are required to process your order and to fulfill our legal obligations.
  • you acknowledge that the processing of your Personal Data is necessary for the performance of the contract and you consent to such processing. In certain circumstances NextDayWax may seek additional personal information such as photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to NextDayWax it shall also be regarded as "Personal Data".

The Personal data are collected by NextDayWax in order to :

  • fulfill its obligations under any sale and purchase contract and any other contract with you
  • ask your opinions on its products and services
  • provide you with the latest products and services information
  • improve the products and services for you

In such cases, NextDayWax takes measures to ensure that the third parties comply with NextDayWax's privacy policy and that such recipients:

  • do not use Personal Data other than for the purposes permitted;
  • obtain and process Personal Data only on condition that they secure that Personal Data from unauthorised use and adopt and comply with similarly stringent policies and terms on Personal Data protection and use; and
  • comply strictly with applicable laws.

For further information, please consult the Privacy policy.


Governing Law, Jurisdiction

The sale of products and these terms shall be governed by and construed under the laws of the United Kingdom. All disputes will be submitted to the exclusive jurisdiction of the courts of the United Kingdom.


Other - general

No waiver

No omission or delay on the part of any party to insist on strict performance of any terms, or in exercising any right, power or remedy under these terms, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercise thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these terms shall be a waiver of any subsequent breach of that or any other term. Circumstances beyond our reasonable control

NextDayWax will make every effort to perform its obligations under these terms. However, NextDayWax is not liable in case of force majeure. Force majeure implies any circumstance beyond the control of NextDayWax - even if this circumstance was foreseeable at the time the agreement was concluded - which permanently or temporarily prevents fulfilment of the agreement, including in particular transport failure, strikes, terrorist acts, war, supplier/transport issues, governmental or regulatory action and natural disasters. In the event of a delay, NextDayWax will perform our obligations as soon as reasonably possible. Severability

If all or any part of one or more of these terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation or found to be illegal or unenforceable in whole or in part under any applicable law, or regulation of any jurisdiction or country, or with respect to a certain category of persons, such provision or part shall to that extent, be deemed not to form part of the contract. The legality, validity or enforceability of the remainder of these terms or the remaining parts of the relevant term shall not in any way be affected or impaired thereby (in relation to such jurisdiction or country, or category of persons). The legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction or country or category of persons, shall not in any way be affected or impaired. If any part of this disclaimer is held to be invalid, the remaining models will continue to be valid and enforceable.

If you have any questions or comments regarding the Site, please contact us by email at contact@NextDayWax.com.


Terms of use of the website

This website is the property of NextDayWax.

Contact details : NextDayWax Alder House, 13 High Road, Rayleigh, Essex, SS6 7SA

By accessing and using the website you express your explicit agreement with the following general terms and conditions. NextDayWax reserves the right to alter or delete material from the website at any time, and NextDayWax NV may, at any time, revise the terms and conditions, the legal disclaimer or other policies set forth in this website by updating it. Such modifications shall be deemed effective immediately upon posting on NextDayWax website. Any continued use of the website shall be deemed conclusive of your acceptance of the modified terms and conditions, the legal disclaimer of NextDayWax and other policies.

Use of "cookies"

When you visit the site 'cookies' may be installed on the hard disk of your computer with the sole purpose of streamlining the site more to the needs of recurrent visitors. These mini files or cookies are not used to check the surf behaviour of the visitor on other websites. Internet browsers allow you to block the use of cookies. You receive a warning when a cookie is installed or that cookies can be removed from your hard disk afterwards. Please consult the help function of your Internet browser for this. Intellectual property rights

These websites www.NextDayWax.com, NextDayWax.com and their contents are protected by copyright and other intellectual property rights. You may print the texts for private use; they may only be distributed with NextDayWax consent. You may quote them (without any modification) provided that you always refer to the authentic source. You may reproduce a part of them provided that you always refer to the authentic source, except for commercial purposes, in which case reproduction, even with specification of the source, is not allowed without NextDayWax express consent.

All the trademarks used on the website are the property of their respective holders. You are prohibited from altering, damaging or defacing the website or adding any unauthorized material or to attempt to alter, damage or deface the website or add any unauthorized material. Intellectual property policy


NextDayWax encourages intellectual property rights owners to contact NextDayWax if they believe that a user of the NextDayWax service has infringed their rights. For this reason, if you let us know that your rights are being infringed by one of the NextDayWax users, NextDayWax will verify your claim and will (in its discretion) require that the user's content is removed from products and, if the user continues to infringe your rights (or infringes the rights of others) terminate the user's access to our services. If you believe that your intellectual property rights have been infringed by a user of the NextDayWax service, please provide our Intellectual Property Rights Agent with a notification that contains the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other rights that have been allegedly infringed.
  • Identification of the copyright, trademark or other rights that have been allegedly infringed.
  • The URL or product number(s) used in connection with the sale of the allegedly infringing merchandise.
  • Your name, address, telephone number and email address.
  • A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law.
  • A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.

User Contributed Content/Comments

You are solely responsible for the content that you upload, publish or display (hereinafter, "post") on or through the Site, or transmit to or share with or allow to be shared with other users (collectively the "User Content"). You may not post, transmit, share or allow to be shared User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that NextDayWax may, but is not obligated to, review the Site and that NextDayWax may delete or remove (without notice) any Site content or User Content.

NextDayWax will remove any posts which are offensive, which contain unlawful or impermissible content or which promotes an illegal copy of another person's copyrighted work. You acknowledge that by sending to the Site and NextDayWax any information or material, in whatever form, you grant to NextDayWax and to any visitor of the Site a nonexclusive, worldwide and royalty-free license to use, execute, reproduce, display, perform, modify, create or have created derivative works of, transmit and distribute, internally and/or externally, and sublicense, in any medium or distribution technology, without accounting to you, including the right to grant any or all of the foregoing rights and licenses to others.

You acknowledge that electronic communications, databases and websites are subject to errors, malfunctions, tampering and break-ins, or that use thereof may result in damages to your systems or operations. While NextDayWax will implement reasonable precautions to attempt to prevent such occurrences, you further acknowledge that NextDayWax does not guarantee such events will not take place and that NextDayWax will not be liable for any such occurrences. You shall be solely responsible for ensuring that any information or content downloaded from the Site or any other website accessed from the Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage its systems, software or data, and you shall indemnify, defend and hold NextDayWax harmless from any liability, claim, cost or damage arising out of any third-party claim or suit caused by such virus or code or subroutine.


LEGAL DISCLAIMER

NextDayWax provides users with a set of complete e-commerce tools needed to create, order and/or sell a wide variety of products featuring their ideas and designs, and ability to formulate comments on the NextDayWax blogs. Therefore, the content of NextDayWax is partly created by users of service, offered by NextDayWax, and the hosting of the content by NextDayWax does not in any way reflect the opinions and views of NextDayWax.

The information specified on this website is only intended for general information purposes.

Due to the changing nature of laws and regulations and the intrinsic risks of electronic communication, there may be delays, defects or other inconsistencies in the information provided on this website. The information provided on this website may not be considered as legal or other professional advice. Accordingly no actions should be taken based on this information without prior expert advice. Although NextDayWax aspires to the greatest precision possible in the compilation and maintenance of the information provided on this website, NextDayWax cannot guarantee that this information is exact, complete and correct. NextDayWax further assumes no liability or responsibility for any errors or omissions in the content of the website.

The use of the website is at your own risk. Neither NextDayWax nor any other party involved in creating, producing or delivering the website is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing in the website. This includes damages to, or arising out of viruses that may infect, your computer equipment or other property. NextDayWax makes no representations or warranties regarding the condition or functionality of this website, its suitability for use, or that this web service will be uninterrupted or error-free. Without limiting the foregoing, everything on the website is provided to you "AS IS" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.


Hyperlinks

From our website, you can visit other websites by following hyperlinks to these sites. While NextDayWax strives to provide only links to useful and ethical websites, it has no control over the content and nature of these sites and the links to other websites does not imply a recommendation for all the content found on these websites. Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. NextDayWax therefore advises users to check these themselves and consult the privacy clause that is compulsory on every website.

NextDayWax reserves the right to alter or delete material from the website at any time, and NextDayWax may, at any time, revise the terms and conditions, the legal disclaimer or other policies set forth in this website by updating it. Such modifications shall be deemed effective immediately upon posting on NextDayWax website. Any continued use of the website shall be deemed conclusive of your acceptance of the modified terms and conditions, the legal disclaimer of NextDayWax and other policies.