Are designated as follows:
All these four types are referred to as "USER".
These terms and conditions govern the rights and obligations of rc3Dmarket for merchant website hereinafter rc3Dmarket and secondly, any natural or legal person wishing to make a purchase distance through the website of rc3Dmarket "rc3Dmarket.com."
They also govern all interactions associated with the use of rc3Dmarket.
The parties agree that all the internet orders made on rc3Dmarket are governed exclusively by these terms and conditions.
rc3Dmarket reserves the right to modify these terms and conditions at any time.
Conditions will be those applicable on the date of the order by the BUYER.
These general conditions shall prevail over any other general or special conditions not specifically approved by rc3Dmarket.
ARTICLE - I: CHARACTERISTICS OF GOODS AND SERVICES OFFERED.
rc3Dmarket offers a catalog of 3D files for 3D printing, via the site rc3Dmarket.com.
rc3Dmarket is a "marketplace".
rc3Dmarket offers designers a service to share and sell their models at a price they want to define.
Through the platform, buyers can download one or several creations, with the pricing conditions set by the seller.
The visitor is informed that the contents and services of the site are financed by revenues related to advertising on these spaces. It acknowledges that in return for its right to use the content and services in free and open access, it accepts the display of advertising on the site.
ARTICLE - II: PRICING.
A) PRICING POLICY:
Prices can be displayed in several currencies (depending on current exchange rates): US Dollar (USD), Euro (EUR), British Pound (GBP). Orders are charged in either GBP, Euros (EUR) or Dollars (USD) which may incur additional conversion fees charged by the banking institutions.
Designers choose the price they want to sell their shared digital design on rc3Dmarket, they also define the time the download is available for and the number of times a download can be downloaded
The rc3Dmarket commission (15%) is included in the selling price set by the seller.
Prices are first displayed to site visitors inclusive tax. When a design is added to the shopping cart, the prices are displayed including VAT.
VAT is only applied to the rc3Dmarket commission as the marketplace acts as a transparent intermediary.
Sellers have the possibility to change their prices at any time they want.
The designs are invoiced according to the prices in effect at the time of the order validation on the rc3Dmarket marketplace.
B) RULES FOR THE VAT APPLICATION ON rc3Dmarket:
How VAT works:
The UK VAT rules for Digital platforms state that as an intermediary rc3Dmarket is not liable to account for VAT and the responsibility moves back to the Seller. The VAT rate applied to the rc3Dmarket commission will differ depending on the country of the buyer.
The seller status is determined according to the legal identity that he has declared in his personal rc3Dmarket account.
The buyers origin is determined according to the legal identity declared in their personal rc3Dmarket account or, failing that, via their IP address.
The revenues sent to the designer when they request payment are gross revenues. Each vendor will need to manage their own accounting and tax compliance according to their status and country of tax residence.
Using the tools and information provided by rc3Dmarket in their personal account, the seller will be able to declare or not to declare VAT on each of their sales revenues according to their tax status and the nature and identity of their customers.
rc3Dmarket cannot be held responsible for any false declaration by the seller resulting in an error concerning the applicable VAT rate.
ARTICLE - III: REGISTRATION AND CONTROL.
Visitors wishing to download a model available on the site catalog rc3Dmarket.com, must necessarily register and become a member, and therefore:
Then when making a purchase they will:
The confirmation of the order implies acceptance of these terms and conditions, in recognition of having perfect knowledge and the waiver of its own conditions of purchase or other conditions.
rc3Dmarket undertakes not to disclose any personal information of its members except as provided in Article X, except in the case or they disregard the copyright, trademark, patent rights, or any intellectual property of a third party.
Also, in cases where they would have their liability sought in the context of a judicial action having a link with creation purchased or downloaded from rc3Dmarket.com website, rc3Dmarket should communicate all relevant information to the competent authorities.
These terms and conditions are accepted for registration and will not be subject to recall in future purchases, any change will simply be notified to members as stated in the preamble to these conditions.
"Click" on the "validate" button during the order is an electronic signature between the parties; it has the same value as a handwritten signature.
ARTICLE - IV: VALIDATION OF THE ORDER.
A confirmation email summarising the order will be sent to the BUYER by rc3Dmarket.
The sales contract will be concluded when rc3Dmarket confirm it, after having had the opportunity to check the details of the order and the total price and to correct any errors.
rc3Dmarket reserves the right to reject the order and refund the buyer.
Reimbursement will be made by means of a payment within 30 days.
rc3Dmarket sends an e-mail in which they will confirm acceptance of the order.
The data recorded and stored by rc3Dmarket constitute proof of all transactions between buyers and rc3Dmarket transactions.
ARTICLE - V: PAYMENT.
Payment is made online via the secure payment module PayPal (Europe) Ltd. for payment by "Paypal account” or Stripe for Credit Card. To accept the payment and withdraw its balance, the Seller has a period of one month (period defined by PayPal). After this period, without recovering his balance, the amount of the sale is returned to rc3Dmarket, without refund.
The credit card number and expiration date are encrypted and sent to the company PayPal (Europe) Ltd. Services and secure as the encryption method SSL (Secure Socket Layer) without rc3Dmarket or third parties can access to it.
In particular, rc3Dmarket does not serve technical means in the transmission of payment data. The same information will not be reused.
The order amount is debited to the buyer at the time of validation of the order by rc3Dmarket.
The data recorded and stored by rc3Dmarket constitute proof of the order and all transactions.
The data recorded by the payment system constitute proof of financial transactions.
The payment history is available on the website of rc3Dmarket into the personal space of the buyer.
Buyers and designers agree that no financial transaction involving the creations uploaded on the site rc3Dmarket.com can be made between these two parts without going through rc3Dmarket. Both parties undertake to deliver accurate and valid bank information to rc3Dmarket.
rc3Dmarket is not responsible for any problems related to the transaction services online payment. The user must ask these services.
ARTICLE - VI: RIGHT OF WITHDRAWAL.
As this is digital content provided on an intangible medium and in accordance with UK CRA 2015 applicable in this case to the creations offered on the platform by rc3Dmarket, members do not have a right of withdrawal.
ARTICLE - VII: WARRANTY / LIABILITY
rc3Dmarket will make its best efforts to ensure that the catalog published on the rc3Dmarket.com site are as accurate as possible in the creation itself when printed by you.
However, having regard to the mode of presentation of digital creations on the Internet, it is possible that the perception by the purchaser of the photographic representation of the creations do not correspond exactly to the creation itself.
Differences may result from colour photographs, difficulty to appear on the screen rendering or materials, without being exhaustive, technical adaptation.
These differences cannot be interpreted as lack of conformity and cannot void the sale.
rc3Dmarket also cannot be liable in cases where the differences would relate to an essential feature of the creation and affect its quality.
The illustrations in the catalog on the rc3Dmarket.com site are not contractual.
The BUYER accesses, uses, and browses the site rc3Dmarket as its own risk.
rc3Dmarket has just, for all stages of access to the site, the ordering process, or subsequent services, an obligation of means.
Responsibility rc3Dmarket not be held liable for any inconvenience or damage arising from the use of the Internet, including interruption of service, external intrusion, computer viruses, or any event of force majeure, in accordance with jurisprudence.
BUYER acknowledges and agrees that, to the extent permitted by applicable law, rc3Dmarket can not be held liable for any damage direct, indirect, incidental to, or repair of non-pecuniary, costs, losses, decrease in turnover or profits, or liabilities of any nature whatsoever (although the realization of such injury was known or could be provided by rc3Dmarket ), may arise from the use of designs or site or from an inability to use the website or its contents.
rc3Dmarket responsibility may not exceed the total amount paid by the buyer in satisfaction of the order in question.
The creator transmits images to a file and undertakes not to transmit files that contain viruses or programs that destroy data.
The designer must keep a copy of the file and in any case rc3Dmarket can not be held responsible for the loss or destruction transmitted by creative files.
The creators make available (free or not) creation and undertake quality 3D file, they will guarantee the quality and printability of their creation.
rc3Dmarket does not guarantee the 3D printability of all creations on the site.
In uploading its creation, the creator is committed to ensure that its creation is printable using the 3D printing process.
For all dysfunction, buyers can contact the designer. This one must be able to assist and guide the buyer.
If the buyer after downloading the creation realises it is not printable, no refund can be made from rc3Dmarket.
rc3Dmarket does not guarantee the quality of the creations made available on its website.
rc3Dmarket is in no way responsible for the content published and uploaded by all its users.
rc3Dmarket does not guarantee the access durability to the orders and files already downloaded by the users, as the Sellers can delete their creations from the platform at any time.
rc3Dmarket is in no way responsible for links to external content reference to our site.
Except contraindication, all creations published on rc3Dmarket are exclusively reserved for private and personal use. It means not selling the model or any derivative of the model for economic or financial gain. For Example, you cannot sell the digital model, a derivative or adaptation of that model, nor can you sell prints of the model or make trade of it.
In a prosecution, rc3Dmarket undertakes to communicate to the competent authorities all data for all users rc3Dmarket.
In a prosecution, the offender will support any refunds or penalties arising from the procedure.
Creations published on rc3Dmarket must represent 3D objects that are not contrary to public order or good morals.
In particular, but not limited to, the creation of firearms, objects with racist characters or incite racial hatred, discriminatory or hateful towards a group of people based on their religion, sexual orientation, political affiliation, union membership or representative violence without being a work of art, as well as any badge, brand, character whose intellectual property rights are not clearly belong to the creator will be refused by rc3Dmarket.
If a creation seems fraudulent, all users will notify us by clicking the "Flag" button on the product page.
rc3Dmarket reserves the right to delete a member's account, not to pay out a designer's sales money, to delete or modify a designer's creations and/or to block a member's account, if one of the following cases of use occurs:
rc3Dmarket only judge the adequacy of creation with these provisions and reserve the right to refuse offenders creations or orders as specified above.
Members who think its establishment or purchase was refused although respecting this article is invited to contact rc3Dmarket to present his case.
ARTICLE - VIII: INTELLECTUAL PROPERTY
Pictures, drawings, designs, texts, names and logos appearing on the website rc3Dmarket.com are the property of their authors and as such are protected by intellectual property rights and exploitation rights which rc3Dmarket and/or creators related to rc3Dmarket by a specific contract hold (see Special Conditions).
Any member who communicates rc3Dmarket a creation of the mind ensures they are the author or they are the owner of all intellectual property rights on it and it does not infringe the rights of intellectual property of others by transmitting it.
The member agrees to hold rc3Dmarket free from any claims of third parties.
Any creation whose intellectual property rights clearly do not belong to the creator will be refused by rc3Dmarket.
rc3Dmarket undertakes to implement all the means at its disposal to fight best against counterfeiting.
If a creation seems fraudulent, all users will notify us by clicking the "Flag" button on the product page.
In a prosecution under the misuse of a trademark, patent, copyright, rc3Dmarket undertakes to provide the competent authorities all data of all rc3Dmarket users who clearly violated the intellectual property of a third.
If sales were made on these contentious creations, rc3Dmarket repay the amount of the commission.
rc3Dmarket adheres to the entire CHARTER AGAINST INFRINGEMENT ON THE INTERNET.
The creator remains the owner of the creation, they grant rc3Dmarket only a license to single use its creation for the completion of the order.
In order to sell to another member the right to use its creation, the designer has the opportunity, if desired, to give rc3Dmarket the free right to use and reproduce this item in the catalog appearing on the rc3Dmarket.com website.
In this case, the designer must accept the Special Conditions under which it mandates rc3Dmarket reproduce its creation on rc3Dmarket.com site and manage on its behalf and for its account all aspects of its business relationship with a prospective buyer wishing to purchase the right to use its creation.
In the event that a buyer would order a creation, the creator of creation will be paid by rc3Dmarket for the right to use its creations and rc3Dmarket will be paid by the creator in its capacity as agent under the terms defined in the Special Conditions.
The designer also has the option to sell to rc3Dmarket a free non-exclusive license to its creation.
This license entitles rc3Dmarket to propose the creation in its catalog for its other members.
This license may be revoked at any time by the designer by changing the price of its creation or deleting directly from the catalog contained on the website rc3Dmarket.com.
Any reproduction, copying or use of all or part of the site rc3dmarket.com, and / or any creations for professional use (for any reason whatsoever, even partially) or duplication in any medium, site, free access or paid commercial or blogs is strictly prohibited without prior authorization from rc3Dmarket and constitutes an infringement.
ARTICLE - IX: PROMOTIONS
ARTICLE - X: PERSONAL DATA
rc3Dmarket reserves the right to collect information about members including using cookies, and, if desired, to transmit to business partners collected information.
Members may object to the disclosure of their details by notifying rc3Dmarket. Similarly, users have a right to access and correct data concerning them.
ARTICLE - XI: SETTLEMENT OF DISPUTES
These conditions of online sale are subject to UK Consumer rights Act 2015.
The parties shall endeavour to settle amicably and in good faith any disputes, which may arise between them on the interpretation, or partial performance or breach of these terms.
The member should give priority to rc3Dmarket for an amicable solution.
For more information, contact rc3Dmarket at firstname.lastname@example.org,
Agency contract and license reproductions’ rights of and use of Creations.
This Agreement (hereinafter "Agreement") is signed when the SELLER as defined below chooses to create a seller profile associated with the user profile on the website rc3Dmarket "rc3Dmarket".
between rc3Dmarket on the one hand, and
The Seller, as identified during registration, pursuant to Article 6 of this Agreement, hereinafter referred to as "The Seller".
Hereinafter collectively referred to as "Parties" and each individually a "Part"
It is previously set that:
rc3Dmarket provides potential customers on its website "rc3Dmarket.com" (hereinafter the "Site") catalogue models 3D (hereinafter the "Catalogue");
The Seller who addresses rc3Dmarket in order to allow rc3Dmarket to make available Model on the Catalog and to mandate rc3Dmarket to manage all aspects of the business relationship with potential customers in order to sell the right to use the model.
Potential customers will be able to purchase the right to use the Models of Sellers available on the Catalog.
ARTICLE - I: SCOPE AND DURATION OF THE CONTRACT
COPYRIGHT AND USE
The purpose of this Agreement is to determine the conditions under which the Seller of the Model allows rc3Dmarket to make it available in the Catalog.
By this Agreement, the Seller allows rc3Dmarket to make available on the Catalog and accordingly publish on its Website. The purpose of this Agreement is to determine the conditions under the Creator mandates rc3Dmarket, which accepts this mandate, to manage, on behalf and for the account of the Creator, all aspects of the business relationship with potential customers, namely:
This Agreement is concluded for an initial period of 6 months, renewable by tacit agreement for a further period of six months except in the case where the Creator or rc3Dmarket decide to withdraw Creation Catalog accordance with Articles 2 and 3 below.
ARTICLE - II: RIGHTS AND OBLIGATIONS OF THE CREATOR
Creator represents and warrants have the right to enter into this Agreement.
As regards the right of reproduction and use:
Regarding the mandate:
By this Agreement, the Creator gives rc3Dmarket mandate to manage on its behalf and for its account all aspects of the business relationship with potential customers as specified in Article 1 above.
The Creator must specify the price at which it wants to sell to potential customers the right to use his creation. They may at any time change the price of its creation by having access to their personal space.
On rc3Dmarket, the minimum price to sell Creation is established minimum 5GBP (and its equivalent in $ and €). Below this price, rc3Dmarket may not submit a Creation for sale.
The Creator is committed to provide the most truthful information used to purchase and download its creation. A full technical descriptions, photographs of the object when printed, creations of the 3D file, choice of the price, everything must be oriented so that buyers will want to download the product.
If a product does not meet the quality expectations of rc3Dmarket, rc3Dmarket reserves the right to modify, supplement sheets some manner whatsoever (amendment of the description, add photos, etc.).
The Creator making available (free or not) a Creation, is committed to the quality of its 3D file. It guarantees the quality and printability of their creation, rc3Dmarket not guaranteeing 3D printability of all creations on the Site. Depositing his Creation, the Creator is committed to ensure that his creation is printable using the 3D printing process.
The Creator also mandates rc3Dmarket to manage the financial relationship with the final customer.
The Creator may, at any time, delete its Creations by sending an email to email@example.com. Deleting one or more Creations not however cancel or have any impact on any sales of goods previously entered into by rc3Dmarket on the basis of this Creation, any transaction prior to the deletion request is maintained in the state.
Thus, the removal of a Creation applies only from the end of the period of 48 hours notice required to take into account the change of status of Creation concerned. Thus, sales of items made prior to that date retain their full value and can not be questioned.
ARTICLE - III: RIGHTS AND OBLIGATIONS OF RC3DMARKET
rc3Dmarket reserves the right to refuse any creation which, by its content or for any other reason, is considered inadequate to justify by rc3Dmarket for inclusion in the Catalogue.
rc3Dmarket reserves the right to exclude a Creation or a Creator, to block a Creator's account and thus to deny him/her access to all or part of the Site's services.
rc3Dmarket reserves the right to pass the price of a Creation free of charge if it is shared free of charge elsewhere on the Internet.
rc3Dmarket reserves the right not to transfer money to a Creator who would have infringed the present General Terms and Conditions of Sales (ex: sale of illicit 3D model, non respect of copyright, sale of non-printable 3D model...) and to file a claim with online payment institutes (such as PayPal) in order to ask for repair and reimbursement of the sums already received by the disputed Creator.
rc3Dmarket is not the copyright holder of Creation provided by the Creator. In this way, the Creator, by sending a Creation rc3Dmarket expressly acknowledges that the Site and its administrators are not responsible for misuse that might be made of Creations or objects reproduced from these Creations.
rc3Dmarket is an agent acting on behalf of the Creator in the management of its business relationship with potential customers to allow the transfer by the Creator the right to use the creation of the Creator. The role of rc3Dmarket limited to linking the Creator with potential clients and the management of these business relationships.
rc3Dmarket may refuse to send a second payment to a designer who has already refused or not accepted a payment sent via PayPal.
ARTICLE - IV: SCOPE OF LICENSE
The Creator grants rc3Dmarket during the term of this Agreement, non-exclusive title, license, international and non-transferable license to use, reproduce, publish Creation and manufacture of articles from this Creation in all shapes and representations and all current and future processes and to all destinations.
More precisely, the license granted under this Agreement gives rc3Dmarket the following rights:
the right to reproduce in his Catalogue Creation (of any graphic, magnetic, optical, digital or electronic, as present or future) and in any condensed or expanded form;
ARTICLE - V: SCOPE OF TERMS
rc3Dmarket acting on behalf of the Creator in the management of the business relationship with potential clients and the final customer. Its role is to link the Creator with a final customer in order to allow the Creator to sell to customer the right to use his creation.
rc3Dmarket manage all financial aspects of the business relationship between the Creator and the end customer.
In performing its mission agent, rc3Dmarket undertakes to act in the interest of Creator and according to his instructions as to set the price for the use of his creation. However, rc3Dmarket has no obligation of result to the Creator and carries out its tasks in accordance with the limits set out in Article 8 of this Agreement.
ARTICLE - VI : METHOD FOR REGISTRATION OF THE CREATOR
Registration of the Creator on the list of designers for rc3Dmarket, simultaneously with its first publication of Creation, allow the creation of his personal page from the information provided on the form provided for this purpose.
The Creator must register and therefore :
- fill out the identification form in his personal account on which he will complete all the information requested, and in particular, his user name, his e-mail address, his payment e-mail address, his nature (individual or professional), his first and last name and/or his company name, his postal address, his telephone number, his company number and his VAT number, certifying on his honor the truthfulness of the above;
- be of age
Creation sent by the Creator will be referenced in the Catalog posted by rc3Dmarket on the Site, with his name or nickname with a link allowing access to their personal page.
Creator wishing to provide a creation of the Catalog and give mandate to rc3Dmarket manage the business relationship with potential customers must provide valid contact information upon registration on the Site, so that the gains from the sale of its creation can be sent.
rc3Dmarket disclaims any liability for loss or non- payment of a fee, due to the transmission of false or erroneous coordinates.
ARTICLE - VII: PAYMENT OF THE CREATOR
When uploading of Creation, it will be proposed by rc3Dmarket its catalog, and the object created from this Creation will be sold, if necessary, non-exclusive, royalty-free.
rc3Dmarket offers potential customers a price fixed by the Creator for the transfer of the right to use his creation.
On this basis the Creator is paid by rc3Dmarket.
rc3Dmarket fee directly remuneration agent as a commission equal to 15% of the price fixed by the Creator (without VAT) for the transfer of right to use his creation.
rc3Dmarket reserves the right to change this percentage in the future, in this case rc3Dmarket undertakes to inform the Creator and to propose the conclusion of a new Agreement.
rc3Dmarket will also charge VAT in certain cases and according to the rules listed in Article II b) of the Terms and Conditions.
The Creator is credited via PayPal for each assignment of its right to use or creation(s), the price set by the Creator for the transfer of the right to use his creation minus the commission rc3Dmarket. He is notified of each sale by email from PayPal and rc3Dmarket. It is essential to have a PayPal account to benefit from its sales.
To accept the payment and withdraw its balance, the CREATOR has a period of one month (period defined by PayPal). After this period, without recovering his balance, the amount of the sale is returned to rc3Dmarket, without refund.
rc3Dmarket cannot be held responsible for cases of fraudulent sales. If a banking partner informs rc3Dmarket of a fraudulent sale, or if a user pays with a stolen card, this sale will be cancelled and the Creator will not be paid for this sale. Any sale is considered fraudulent if the buyer does not pay - at the time of the sale or later - the price of the creation.
rc3Dmarket cannot be held responsible for any misrepresentation on the part of the seller resulting in an error concerning the applicable VAT rate.
ARTICLE - VIII: RESPONSIBILITY OF rc3Dmarket
rc3Dmarket make no warranty for the choice of a final customer toward a creation given by the Creator.
Accordingly, rc3Dmarket can in no way be liable for any direct, incidental, indirect or consequential, that may suffer the Creator due to use or non-use of Creation, even if the parties have been advised of the possibility of such damages.
As the termination of this Agreement, rc3Dmarket shall cease using Creation and destroy from his computer system and its storage devices.
ARTICLE - IX : INFORMATION & DISCLAIMER
The designer shall undertake to fulfill all tax and social security obligations related to the sale of his creations.
rc3Dmarket is not seller, it only pays the UK VAT on its commission and therefore disclaims all liability for any fraud that may be made by creators outside the tax legislation applicable to traders.
rc3Dmarket is authorized to disclose all necessary information to the tax authorities under request.
ARTICLE - X: LAW AND DISPUTE RESOLUTION
This Agreement is governed by UK law.
The parties shall endeavor to settle amicably and in good faith any disputes that may arise between them on the interpretation, or partial performance or breach of this Agreement.
If the parties are unable to settle their dispute amicably, such dispute shall be submitted to a mediator for professional guarantees of independence, neutrality and impartiality.
For referral, it is sufficient that one of the parties mandated the mediator to arrange a meeting so that the other party must be present in the month following the request.
For the meeting, the mediator sends a registered letter with acknowledgment of receipt letter to each party. The parties will share equally the costs of intervention by the ombudsman and commit to attend at least one meeting with the mediator, to explore with its regulatory competition the most suitable solution to resolve the dispute.
If the parties do not reach an agreement, this arbitration clause shall be deemed to be honored.
Failing an agreement, the dispute shall be brought before the competent courts of the headquarters rc3Dmarket.