Terms of Use

These General Terms and Conditions of Use (hereinafter 'Terms') apply to all services offered on the online platform accessible at openfab.io (hereinafter 'the Platform' or 'the Website').

Definitions:

• OpenFab: company that edits the Platform, acting as a technical intermediary for connection. SAS, registration pending at the RCS of Saintes.
• Customer: any natural or legal person registered on the Platform wishing to have parts, prototypes or objects made by a Maker.
• Maker: any natural or legal person registered on the Platform as a manufacturing service provider (3D printing, CNC machining, laser cutting, etc.).
• User: any Customer or Maker registered on the Platform.
• Order: manufacturing request validated by a Customer after acceptance of a quote proposed by a Maker via the Platform.
• Services: all connection, production monitoring and payment security services offered by OpenFab.

These Terms are accessible at any time on the Website and take precedence over any other document. The Terms applicable are those in force at the time the Customer validates the Order.

Registration on the Platform and/or placing an Order implies complete and unconditional acceptance of these Terms.

OpenFab reserves the right to modify these Terms at any time. Modifications take effect upon publication on the Website. Registered Users are informed of any substantial modification by email.

Except to the contrary, data recorded in OpenFab's computer system constitutes proof of all transactions concluded.

OpenFab contact information:
OpenFab – SAS, registration pending at the RCS of Saintes
Email: contact@openfab.io
Phone: 06 80 72 13 02

Services are offered in mainland France.

OpenFab is a connection platform allowing Customers to submit manufacturing requests and verified Maker partners to respond to these requests with quotes.

The Platform offers the following services:

• Submission and transmission of manufacturing requests (3D printing, CNC machining, laser cutting, and other processes);
• Connection with qualified and verified Makers by the OpenFab team;
• Centralization of technical exchanges and quotes;
• Secure payments;
• Production monitoring and quality control.

OpenFab is not the manufacturer of the parts and does not intervene directly in the production process. The Platform acts as a technical intermediary between the Customer and the Maker.

Photographs, illustrations, visualizations and videos displayed on the Website are presented for informational purposes and have no contractual value. A difference between the visuals and finished products cannot constitute a defect in conformity.

3.1 Account creation

To use the Platform's services, the User must create an account by providing accurate and up-to-date information (name, first name, email address, contact details). The User undertakes to update this information in case of change.

3.2 Account types

Two roles are available:

• Customer Account: allows submission of manufacturing requests, receipt and comparison of quotes, and placement of orders.
• Maker Account: allows receipt of qualified requests, submission of quotes and management of production. Access to requests is subject to prior validation by the OpenFab team.

3.3 Confidentiality of credentials

The User is solely responsible for maintaining the confidentiality of their login credentials. Any use of their account is deemed to be made by the User themselves. In case of fraudulent use, the User must inform OpenFab without delay.

3.4 Suspension and termination

OpenFab reserves the right to suspend or delete any account in case of non-compliance with these Terms, fraudulent behavior, provision of inaccurate information or any breach of legal obligations, after notice sent by electronic means and remaining without effect.

The User may request deletion of their account at any time by contacting contact@openfab.io. Any account deletion results in deletion of the User's personal information, subject to legal retention obligations.

Account creation implies acceptance of these Terms.

4.1 Request submission

The Customer submits their manufacturing request on the Platform by providing:

• A detailed description of the project;
• Technical files as needed (STL, STEP, 3MF, OBJ, DXF, PDF, etc.);
• Desired technical specifications (technology, material, quantity, color, fill density, etc.).

The Customer is solely responsible for the accuracy and conformity of the files and information transmitted. OpenFab and Makers cannot be held responsible for errors contained in the supplied files, incorrect dimensions or inadequate specifications.

4.2 Qualification and connection

OpenFab qualifies the request and transmits it to Makers with suitable equipment and skills. Makers can submit a detailed quote including price, delivery time and manufacturing conditions.

4.3 Acceptance and validation

The Customer is free to accept or refuse the proposed quotes. Before validating their Order, the Customer undertakes to verify the details of the quote (characteristics, price, quantities, dimensions, shipping fees), in accordance with Article 1127-2 of the Civil Code.

Acceptance of a quote and validation of payment by the Customer constitute a firm and final Order. The Order is confirmed by email to the address provided by the Customer.

Any modification of the Order after its validation is subject to written agreement of the Maker concerned.

4.4 Manufacturing

Manufacturing is carried out by the selected Maker, under their own responsibility and according to their own production means. Products are manufactured solely based on the files and specifications validated when placing the order.

4.5 Monitoring and quality control

A validation process may include control photos and dimensional verification before shipment. The Customer will be able to follow the progress of their order on the Platform.

OpenFab reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to payment of a previous order.

The following manufacturing requests are strictly prohibited on the Platform:

• Weapons, weapon parts, ammunition, explosives or any object designed to cause injury;
• Safety-critical mechanical parts (structural automotive parts, braking components, steering, suspension, aviation);
• Medical devices or prostheses without appropriate certification (CE marking, FDA);
• Objects intended for food contact not compliant with applicable health regulations;
• Toys for children under 36 months or non-compliant with Directive 2009/48/EC;
• Electrical or electronic devices not CE certified;
• Offensive, discriminatory, hateful or illegal content;
• Objects manufactured from files without reproduction or manufacturing rights.

OpenFab reserves the right to refuse or cancel any manufacturing request for prohibited products, without notice or compensation.

The Customer is solely responsible for the legality of the intended use of the manufactured parts. The Maker is required to report to OpenFab any request for a clearly prohibited product.

Services are billed at the rates indicated in the Makers' quotes, in force at the time of Order validation.

Prices are expressed in euros, including all taxes. They may or may not include shipping fees depending on the terms of each quote.

Rates are firm and not subject to revision once the quote is accepted by the Customer. Outside this period, Makers reserve the right to modify their rates at any time.

6.1 Platform Service Fees

For each order placed via the Platform, service fees are charged to the Customer in addition to the Maker's quote amount. These fees cover OpenFab's intermediation, payment security and order tracking services.

Service fees consist of:

• A fixed amount of €2.00 per order;
• An 8% commission calculated on the Maker's quote amount (excluding shipping fees).

Service fees are clearly displayed to the Customer before order validation. The total amount due by the Customer therefore includes: the Maker's quote price + any shipping fees + OpenFab service fees.

OpenFab reserves the right to modify the service fees. Any modification will be communicated to Users with reasonable notice and will apply to orders placed after the effective date of the modification.

An invoice detailing the quote amount, shipping fees and service fees is issued and made available in the personal space of the Customer and Maker on the Platform.

The price is paid by secure payment method, in a single payment, by bank card (Visa, Mastercard) via an authorized payment provider.

Payment data is exchanged in encrypted form and is never stored by OpenFab.

Payment is collected at the time the Customer validates the quote. Funds are secured by OpenFab and released to the Maker after validation of delivery or quality control by the Customer.

Payments made by the Customer will only be considered final after effective collection of the amounts due. The Maker will not be required to proceed with manufacturing if the Customer has not paid the full price.

The Customer guarantees that they have the necessary authorizations to use the chosen payment method.

In case of payment authorization refusal by the banking institution, the Order is automatically canceled. OpenFab cannot be held responsible for any fees charged to the Customer by the issuing institution of the payment method.

8.1 Delivery zones

Ordered products can be delivered in mainland France. Delivery to other zones is subject to agreement of the Maker concerned.

8.2 Delivery times

Delivery times are communicated in the Maker's quote and depend on the complexity of manufacturing, the process used and the chosen delivery method. These times are indicative and run from the date payment is confirmed.

OpenFab and Makers commit to making their best efforts to meet the stated delivery times.

8.3 Delivery methods

Delivery can be made by:

• Carrier, to the address indicated by the Customer;
• Collection point chosen by the Customer;
• Pick-up at the Maker's location, if this option is offered.

Shipping fees, if applicable, are indicated in the quote and are the Customer's responsibility.

8.4 Receipt and verification

The Customer is required to verify the condition and conformity of products upon receipt. In case of transport damage, the Customer must issue precise and detailed reservations on the delivery receipt and inform OpenFab by email to contact@openfab.io within two (2) business days, specifying the order number and attaching photos.

After this period, products will be deemed to conform and accepted by the Customer.

8.5 Late delivery

If products have not been delivered within 30 business days after the indicated delivery date, for any reason other than force majeure or the Customer's fault, the sale may be canceled at the Customer's written request in accordance with Articles L216-2, L216-3 and L241-4 of the Consumer Code. Amounts paid will be refunded within fourteen days following cancellation of the contract.

8.6 Non-collection

In case of non-collection of a parcel at the collection point within the set time limits or abandoned delivery, no refund will be made for customized (bespoke) products not eligible for the right of withdrawal in accordance with Article L221-28 of the Consumer Code.

Transfer of ownership of the Maker's products to the Customer is only made after full payment of the price by the latter, regardless of the delivery date of said products.

10.1 Customized products

In accordance with Article L221-28 of the Consumer Code, the right of withdrawal does not apply to goods made according to the consumer's specifications or clearly personalized.

Since most manufacturing carried out via OpenFab consists of bespoke parts designed according to the Customer's files and specifications, they are not eligible for the right of withdrawal.

10.2 Standard products

For any non-personalized products offered on the Platform, the Customer has a withdrawal period of fourteen (14) days from receipt, in accordance with Article L221-18 of the Consumer Code.

To exercise this right, the Customer must notify their decision by email to contact@openfab.io. The product must be returned in its original condition, at the Customer's expense. Refund will be made within 14 days of receiving the returned product.

Products manufactured via the Platform benefit from:

• The legal warranty of conformity (Articles L217-4 et seq. of the Consumer Code), for defective, damaged products or not corresponding to the order;
• The legal warranty against hidden defects (Articles 1641 et seq. of the Civil Code), arising from a defect in materials, design or manufacturing making the products unfit for use.

Applicable legal provisions:

Article L217-4 du Code de la consommation: « Le vendeur est tenu de livrer un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance. Il répond également des défauts de conformité résultant de l'emballage, des instructions de montage ou de l'installation lorsque celle-ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité. »

Article L217-12 du Code de la consommation: « L'action résultant du défaut de conformité se prescrit par deux ans à compter de la délivrance du bien. »

Article 1641 du Code civil: « Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l'usage auquel on la destine, ou qui diminuent tellement cet usage, que l'acheteur ne l'aurait pas acquise, ou n'en aurait donné qu'un moindre prix, s'il les avait connus. »

Article 1648 alinéa 1er du Code civil: « L'action résultant des vices rédhibitoires doit être intentée par l'acquéreur dans un délai de deux ans à compter de la découverte du vice. »

To assert its rights, the Customer must inform OpenFab in writing (email to contact@openfab.io) of non-conformity or defect, attaching all supporting documents (photos, order number). OpenFab will forward the complaint to the Maker concerned.

Refunds, replacements or repairs will be made as soon as possible and no later than 30 days following confirmation of the defect.

Warranty exclusions:

• Non-compliance with the legislation of the delivery country;
• Misuse, negligence or failure to maintain;
• Normal wear of the product, accident or force majeure;
• Errors in the files or specifications provided by the Customer.

Manufacturing tolerances: Manufacturing processes (3D printing, CNC machining, laser cutting) have tolerances inherent to each technology. Slight defects related to processes do not constitute a defect in conformity and cannot give rise to returns. The applicable tolerances are communicated by the Maker.

12.1 Role as intermediary

OpenFab acts as a technical intermediary. The Platform does not manufacture products. The responsibility for the conformity of manufactured products lies with the Maker service provider.

12.2 Limitations of liability

OpenFab cannot be held responsible for:

• Design errors in the files provided by the Customer and the intended use to which the Customer puts the products;
• The quality of execution by the Maker, beyond its diligence in the selection and verification of partner Makers;
• An accident resulting from careless handling of delivered products;
• Damage resulting from use of the Internet network (data loss, intrusion, virus, service disruption);
• Photographs and visuals presented on the Website, which are not binding.

The Customer is solely responsible for the choice of services, preservation and use of products. For customized products, the Customer cannot claim a lack of advice, as the Maker does not know the intended use of the parts.

12.3 Best efforts obligation

OpenFab commits to implementing the necessary means to ensure the proper functioning of the Platform, the security of transactions and the quality of the Maker network. This obligation constitutes a best efforts obligation.

13.1 Data collection

Personal data collected on the Platform includes:

• Account opening: name, first name, email address, phone number;
• Orders: postal address, technical files, project specifications;
• Payment: financial data is processed by a certified payment provider and is not stored by OpenFab.

Collection is necessary for the execution of services and is based on the execution of the contract (Article 6.1.b of the GDPR).

13.2 Recipients

Data is communicated to:

• Maker partners, to the extent strictly necessary for order fulfillment;
• Payment provider;
• Carriers, if applicable.

13.3 Data controller

The data controller is OpenFab (coordinates indicated in Article 1), within the meaning of Regulation (EU) 2016/679 (GDPR) and the Data Protection Act.

13.4 Processing limitations

Unless the User expressly agrees, their personal data is not used for advertising or marketing purposes.

13.5 Retention period

Retention periods vary by data type: user accounts are retained as long as they are active and deleted upon request; order and billing data is retained for 6 years (accounting and tax obligations); technical logs and IP addresses are retained for 12 months; marketing data is retained for 3 years after last account activity. At the end of these periods, data is deleted or anonymized. For more details, see our Privacy Policy.

13.6 Security and confidentiality

OpenFab implements technical and organizational measures (encryption in transit, restricted access, regular backups) to protect personal data. However, since the Internet is not a completely secure environment, OpenFab cannot guarantee absolute security of transmission or storage of information.

13.7 User rights

In accordance with the GDPR, Users have the following rights:

• Right of access, rectification and update of their data;
• Right to erasure ('right to be forgotten');
• Right to data portability;
• Right to restriction and opposition to processing.

These rights are exercised by email to privacy@openfab.io. The data controller responds within a maximum of one month.

In case of reasoned refusal, the User may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or bring proceedings before the competent court.

14.1 Platform content

The content of the openfab.io website (structure, graphic design, texts, logos, visual elements, databases, code) is the property of OpenFab and its partners, protected by French and international intellectual property laws. Any total or partial reproduction is strictly prohibited and may constitute an offense of counterfeiting.

14.2 User files

Files, plans, 3D models, images and content deposited by Users remain their property. The User guarantees they have the necessary rights and authorizes OpenFab to host, process and transmit them to Makers exclusively for the purposes of the service.

OpenFab undertakes not to use the Users' files for any purpose other than the execution of orders and to ensure their confidentiality.

14.3 Customer responsibility

The Customer guarantees they have all intellectual property rights on the transmitted files. In case of counterfeiting or infringement of third-party rights, the Customer is solely responsible and indemnifies OpenFab against any claims.

Neither party can be held responsible for non-performance or delay in performance of its obligations in case of force majeure within the meaning of Article 1218 of the Civil Code.

The following are considered cases of force majeure, in addition to those usually recognized by case law: natural disasters, pandemics, wars, strikes, fires, floods, network or infrastructure failures, acts of government.

In case of force majeure, the performance of obligations is suspended for the duration of the event. If it continues beyond 90 days, each party may cancel the Order concerned as of right.

These Terms and the transactions resulting from them are governed by and subject to French law.

These Terms are written in French. In the event they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.

17.1 Complaint

For any complaint, the Customer may contact OpenFab by email at contact@openfab.io.

17.2 Consumer mediation

In case of unresolved dispute, the consumer Customer may freely refer the matter to a consumer mediator, in accordance with Articles L611-1 to L641-1 and R612-1 to R616-2 of the Consumer Code.

The Customer must first have attempted to resolve the dispute directly with OpenFab by written complaint.

Consumer mediation is a free out-of-court process for the consumer (Article R612-1 of the Consumer Code). The mediator is neutral, independent and impartial.

The consumer mediator will be designated once OpenFab SAS is registered at the RCS of Saintes. This notice will be updated accordingly.

The Customer may also refer to the European Online Dispute Resolution platform (ODR): https://ec.europa.eu/consumers/odr

17.3 Jurisdiction

All disputes that have not been settled by mutual agreement or mediation will be submitted to the competent courts under the conditions of ordinary law.

17.4 Record keeping

OpenFab archives purchase orders and invoices on a reliable and durable medium, in accordance with the provisions of Article 1348 of the Civil Code. These archives constitute proof of communications, orders, payments and transactions between the parties.

18.1 Legal status

The Maker is solely responsible for their legal, tax and social compliance. Depending on the volume and regularity of their activity on the Platform, the Maker must hold an appropriate professional status (sole proprietorship, company, artisan, trader) in accordance with applicable legislation.

18.2 Tax obligations

Each Maker is solely responsible for their tax, social and administrative obligations, including but not limited to:

• Declaring income earned through the Platform;
• Registration with the relevant authorities;
• Collection and remittance of VAT where applicable;
• Obtaining insurance necessary for their activity.

18.3 No oversight by OpenFab

OpenFab does not monitor the tax, social or statutory obligations of Makers and cannot be held responsible for any failure on their part. OpenFab nevertheless reserves the right to request from the Maker any proof of their professional status.

In the event of a breach of these Terms, OpenFab reserves the right to apply the following sanctions, depending on the severity and recurrence of the infringement:

• Warning: email notification reminding the User of their obligations;
• Content removal: removal of a non-compliant request, quote or listing;
• Temporary account suspension: restricted access to services for a specified period;
• Temporary payment hold: freezing of funds pending resolution of a dispute or investigation;
• Permanent account closure: deletion of the account and prohibition from re-registering;
• Referral to competent authorities: in case of proven illegal activity.

Sanctions are applied proportionately. The User is notified by email of any sanction and its reasons. In case of suspension or closure, the User may submit their observations by email to contact@openfab.io within fifteen (15) days.

These Terms do not create any relationship of subordination, partnership, agency or joint venture between OpenFab and Users (Customers and Makers).

Each Maker carries out their activity independently, under their own responsibility and with their own resources. OpenFab exercises no control over the Maker's schedule, working methods or organization.

The Customer and the Maker are independent parties to the manufacturing contract. OpenFab acts solely as a technical intermediary for connection.

OpenFab uses reasonable means to ensure access to the Platform 24 hours a day, 7 days a week.

However, access to the Platform may be temporarily suspended, without notice or compensation, due to:

• Scheduled or emergency maintenance operations;
• Technical updates or functional enhancements;
• Outages, technical incidents or network failures;
• Force majeure events.

OpenFab does not guarantee uninterrupted access to the Platform and cannot be held responsible for the consequences of temporary unavailability, except in case of proven fault on its part.

If any clause of these Terms is declared null or unenforceable by a final court decision, it shall be deemed unwritten, without affecting the validity of the other clauses which shall remain in force between the parties.

The parties then undertake to negotiate in good faith a replacement clause having an economic and legal effect as close as possible to the annulled clause.