GENERAL TERMS AND CONDITIONS OF 3DPEOPLE UG (HAFTUNGSBESCHRÄNKT)
Terms and Conditions of 3DPeople UG
These General Terms and Conditions (GTC) are valid for all orders placed by companies or private persons (“Customers”) in the 3D People Online Shop (“Online Shop”) (https://www.3dpeople.com) of the 3DPeople UG ( “3DPeople”).
2. Scope of supply and services
3DPeople offers its customers in the online shop a right of use for digital data (also called “product” or “3D figure”) for sale. The scope of supply includes the digital data for the figures including his clothing, but not any illustrated accessories, unless it is explicitly listed in the product description. The customer can download the products through a download link and use them according to the user agreement in no. 4.
3DPeople offers only the use of the digital data, for the processing of which appropriate computer programs are required. These computer programs are not part of the products offered.
3. Non-binding Offer, Conclusion of contract
3DPeople reserves the right to make changes to the offer at any time.
The contract between the customer and 3DPeople comes about as follows: After selecting the product to be purchased, the customer adds it to the virtual shopping cart by clicking on the “ADD TO CART” button. This process can be repeated for all desired products until all products to be purchased are listed in the shopping cart. Then the customer presses on the “PROCEED TO CHECKOUT” button. After entering all necessary data, the customer is free to choose the payment method.
Only after the general terms and conditions have been accepted by confirming the checkbox “I’ve read and accept the terms and conditions”, the customer can click on the button “PLACE ORDER”, whereby the binding order takes place. As soon as the order has been purchased, the customer will be sent the contract data and an order confirmation at his specified e-mail address. Through this e-mail, the contract is concluded.
By clicking on the corresponding button, the customer can view and print out the content of the order and invoice details at any time during the ordering process. Even after leaving the order platform, the customer can check his order at any time in his user account.
4. The customers rights of use
The customer receives from 3DPeople a simple right to use the digital data listed in the order confirmation. This entitles the customer to use the files in renderings of moving or still images in film, television and video productions, computer and video games, augmented, mixed and virtual reality applications and paper printing. The use of the digital data for 3D printing is not permitted.
All types of use not listed are excluded. Please get in contact with 3DPeople if unsure about your desired type of use.
Any use of the products or parts thereof in violation of the statutory provisions or rights of third parties is not permitted. In particular, they may not be used in a pornographic, violent, libelous or reputation-damaging way. The use of the products in a political context requires the prior written consent of 3DPeople.
A liability of 3DPeople is excluded in this respect.
No transfer of the digital data to third parties: A paid or free distribution or any other way of making the acquired digital data available to third parties in any form or for any purpose, either as a single download or otherwise extractable, is only permitted with the prior written consent of 3DPeople. This caveat applies to the original products of 3DPeople as well as to parts thereof or modified versions. Third parties are also companies affiliated with the customer or persons other than the private person himself.
3DPeople products may not be altered or imitated without written approval.
5. Prices and Payment
The prices quoted in the 3DPeople Online Shop are net prices in EURO, to which the applicable VAT is added.
The customer may choose to pay between PayPal account, credit card and a SEPA direct debit. The payment is to be made without deduction, the assertion of reduction claims, the right of retention and the offsetting excluded, as far as these have not been established undisputed or legally binding between 3DPeople and the customer.
Should the customer withdraw or fail to make a final payment after having already received the products at that time, 3DPeople has the right to demand a contractual penalty of 200% of the agreed price, unless the recall was due to the fault of 3DPeople. A right to use the digital data does not arise in this case.
If the customer does not pay within 30 days after receiving a reminder from 3DPeople, 3DPeople is entitled to withdraw from the contract. The cancellation of the contract can be explained by email to the customer.
The customer guarantees 3DPeople the truthful statement of all personal data, in particular the company name, the name, the postal and e-mail address as well as the bank data and will immediately notify 3DPeople of any changes.
6. Handover of the products
After completing the purchasing-process, the customer can download the acquired digital data via his personal user account.
If a download link is broken and therefore a download of the purchased product is not possible, 3DPeople asks their customers for notification so that a new functional download link can be made available free of charge. A faulty download link does not entitle the customer to withdraw from the contract.
7. Returns and refunds
3DPeople does not offer returns or refunds for online purchases, as the use of the products can not be excluded by the download after return. However, there is the possibility to test a free version offered in the online store before placing an order.
8. Legal defects and alleged infringement of third party rights
3DPeople acknowledges and warrants that the products it provides are copyrighted and free of third party rights, so that third parties are not violated in their rights. However, in case that a product should not be free from third party rights, 3DPeople is liable for cases of intent and gross negligence due to its own fault or fault on the part of its legal representatives or vicarious agents; in cases of injury to life, limb or health as well as breach of essential contractual obligations 3DPeople is liable also for simple negligence. Liability under the Product Liability Act remains unaffected.
The customer is obliged to inform 3DPeople immediately in writing, if he obtains knowledge of the infringement of the rights of third parties by products of 3DPeople and no longer use the product. 3DPeople can offer the customer a replacement product for damage reduction.
9. Subsidiary agreements, validity
Deviations from these terms and conditions can only be agreet upon in writing with 3DPeople. This formal requirement can only be waived by a written declaration.
If one of the provisions of this contract is or should be void, this shall not affect the validity of the remaining provisions of this contract.
10. Choice of law, jurisdiction
German law applies excluding the provisions of international private law. The applicability of the United Nations Convention on the International Sale of Goods of 11.04.1980 (UN Sales Convention) and the UNIDROIT Convention on International Financial Leasing of 28.05.1988 is excluded.
Jurisdiction and place of fulfillment is Cologne, Germany, as far as the licensee is a merchant, a legal entity under public law or a special fund under public law.