User terms
General provisions
The website available at dropmodels.com is operated by Łukasz Misiak, under the business name VISUALL Łukasz Misiak with its registered office at Beskidzka Street no. 11; 87-300 Brodnica, TIN (NIP): 8741787380, Business Registry No. (REGON: 380509143 , hereinafter referred to as: "Seller".
These Terms and Conditions set out:
subscription rules for the use of 3D models in the online shop available at www.drompodels.com, i.e. by means of distance communication;
information on how to lodge a complaint and the right of withdrawal;
For the purposes of these Terms and Conditions, the following definitions are introduced:
Customer - an entity making purchases in the online shop dropmodels.com, who is a natural person with full legal capacity or a legal person or organisational unit without legal personality, to whom the law grants legal capacity;
Entrepreneur - a natural person who enters into a contract directly related to his/her business activity, where it is apparent from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject matter of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity;
Consumer - a customer who is a consumer within the meaning of Article 221 of the Civil Code, i.e. a natural person making a legal transaction with an entrepreneur which is not directly related to his/her economic or professional activity;
My Account - the administrative tool made available on the dropmodels.com Website, through which the User/Customer can, among other things:
a. control and manage the parameters and scope of the services used by the User/Customer through the dropmodels.com Website;
b. update, delete your data made available on the dropmodels.com Website;
c. give or withdraw consent to receive commercial communications.
Nickname - Customer/User's name used to identify him/herself on the dropmodels.com Website,
Registration - creating an individual account on the dropmodels.com Website called My Account by the User/Customer; Users/Customers register on the dropmodels.com Website by providing their email address, password and User name (Nick);
Dropmodels.com Online Shop (also "Shop") - the online shop available on the dropmodels.com Website,
Seller - entity which makes 3D models available for download by the Customer: i.e. VISUALL Łukasz Misiak with registered office at Beskidzka Street no. 11; 87-300 Brodnica, TIN (NIP): 8741787380, REGON: 380509143;
dropmodels.com website - the website registered at: dropmodels.com, which is operated by the Seller and consists of the community section and the dropmodels.com Online Shop;
Act - Consumer Rights Act of 30th May 2014, as amended;
User - is a natural person of full legal age, with full legal capacity, registered in the community section of the dropmodels.com Website;
Subscription - a continuous (cyclical) payment plan in return for the Seller making available for download the 3D models available within the respective Packages;
Packages - the 3D model subscription offer selected by the customer;
Working days - days from Monday to Friday excluding public holidays.
Civil Code - the Civil Code Act of 23rd April 1964, as amended.
The User may give his/her consent to receive commercial information within the meaning of the Act on Rendering Electronic Services of 18th July 2002 as amended. The aforementioned consent may be given by the User/Customer during the Registration process as well as at any time after the Registration process, in particular when using My Account. The aforementioned consent given by the User/Customer may be revoked by the User/Customer at any time. The Customer has the possibility to give the aforementioned consent also when making a purchase in the dropmodels.com Online Shop.
The use of the dropmodels.com Website, including the dropmodels.com Online Shop, is possible on condition that the ICT system used by the User/Customer meets the following minimum technical requirements:
access to a computer workstation or terminal equipment with Internet access;
operation of one of the following web browsers: Internet Explorer version 10.0 or later with JavaScript and Cookies enabled, Mozilla Firefox version 16.0 or later with JavaScript and Cookies enabled, Opera version 13 or later with JavaScript and Cookies enabled, Safari version 5.1 or later with JavaScript and Cookies enabled.
Terms and conditions of using the dropmodels.com online shop
The online shop dropmodels.com operating at dropmodels.com is operated by the Seller. Please direct any questions or requests from Customers to contact@dropmodels.com.
In order to use the online shop dropmodels.com, the Customer should himself/herself have access to a computer workstation or a terminal device with Internet access.
The prices indicated on the dropmodels.com website for the individual Packages, valid on the day the Customer places an order for these individual goods, are valid from the day the Customer places the order until the day it is fulfilled.
All prices quoted on dropmodels.com are expressed in Euros (EUR) and include VAT.
The dropmodels.com online shop offers the possibility to make a purchase in one of the following modes:
in the "Ordinary" mode - this mode enables the purchase of Packages after prior registration in the online shop dropmodels.com; during the registration, the Customer provides the following personal data: first and last name, username, e-mail address, password, and in the case of a purchase made by a Customer running a business activity, the Customer provides data related to his/her business activity, i.e. company and legal form, address, Tax Identification Number (TIN/NIP); payment for the ordered goods can be made by traditional transfer, credit card or electronic transfer through the PayU.pl electronic payment system;
in the "PayPal Account" mode - This mode enables the purchase of Packages after prior registration in the dropmodels.com Online Shop; during registration, the Customer provides the following personal data: name and surname, username, e-mail address, password, and in the case of a purchase made by a Customer running a business, the Customer provides data related to his/her business, i.e. company and legal form, address, Tax ID number; after selecting Packages, the Customer is redirected to PayPal.com, where he/she logs in/registers and makes payment by electronic transfer or credit card.
Irrespective of the mode of purchase chosen by the Customer, as described in paragraph 5 above, orders are placed by the Customers by filling in a form on the dropmodels.com website.
Once the Customer has filled in the purchase form and selected one of the purchase modes described in paragraph 6 above and accepted the order summary generated for the Customer by the server of the online shop dropmodels.com, the Customer completes the purchase by pressing the "pay" button.
When the Customer places an order on the online shop dropmodels.com in any of the ways set out in paragraphs 5 - 7 above and accepts it by placing an order with the obligation to pay, it is tantamount to the Customer concluding a subscription agreement with the Seller, in accordance with the Package chosen by the Customer.
The VAT invoice, in the Online Shop dropmodels.com, will contain the data that the Customer provides when placing an order and will be sent to the e-mail address indicated by the Customer.
By accepting the shop's terms and Conditions, the Customer agrees to the sending of VAT invoices to the e-mail address indicated on the order form.
When placing an order, the Customer shall request a VAT invoice documenting the purchase.
Possible payment options are available for review on the url: dropmodels.com and are indicated in each case in the information relating to the individual goods.
All notifications will be sent to the e-mail address indicated by the Customer.
Complaints
Complaints should be sent to e-mail: contact@dropmodels. com.
Any concerns about complaints can be clarified by calling contact@dropmodels.com.
Pursuant to Article 38(13) of the Consumer Rights Act of 30th May 2014, the right of withdrawal from a contract concluded off-premises or at a distance is not granted to the Consumer or the Entrepreneur, due to the supply of digital content that is not recorded on a tangible medium, and the performance has begun with the express consent of the Consumer or the Entrepreneur before the expiry of the deadline for withdrawal and after the Seller has informed them of the loss of the right of withdrawal.
Property rights
The Seller holds the economic copyright to the 3D models, which are based on publicly available goods or designs.
The customer will be entitled to use 3D models in accordance with the current terms and conditions - scope of rights granted.
§5 Data protection
Personal data are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (RODO / GDPR) and in accordance with the Data Protection Act of 10th May 2018.
The controller shall take particular care to protect the interests of data subjects and in particular shall ensure that the data collected are:
- processed in accordance with the law;
- collected for specified, legitimate purposes and not subjected to further processing incompatible with those purposes;
- Substantially correct and adequate in relation to the purposes for which they are processed and kept in a form which permits identification of data subjects for no longer than is necessary to achieve the purpose of the processing.
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Final provisions
It is forbidden for Users/Customers to use the dropmodels.com website in a manner contrary to generally applicable law and these Terms and Conditions, i.e. in particular it is forbidden:
to send spam/unsolicited commercial communications,
to engage, using the dropmodels.com Website, in any commercial, advertising, promotional, sales or profit-making activity, except as otherwise agreed individually with the Seller;
to repeatedly send the same message or many different messages in very short intervals to other users (flooding);
to share your account access data with third parties,
to act likely to hinder or destabilise the functioning of the dropmodels.com Website, or which may expose the Seller or its affiliates to unjustified loss of reputation or goodwill.
If the Seller becomes aware of any violations of the Terms and Conditions, including those listed in §7.1 above, the accounts of the User/Customer committing the aforementioned violations may be immediately suspended or deleted by the Moderator.
The Seller is not liable:
for the content of messages sent between Customers/Users,
for the User's/Customer's actions that are not in conformity with the Terms and Conditions and for damages caused by the User's/Customer's use of the dropmodels.com Website that is not in conformity with the Terms and Conditions,
For damages arising from the User's/Customer's use of computer equipment and software that does not meet the requirements set out in §1 paragraph 5 above, in particular for interception of the User's/Customer's login and password to his/her account by third parties, resulting from the lack of effective anti-virus protection of the User's/Customer's equipment; at the same time, the Customer declares that he/she makes and undertakes to make the necessary efforts for the proper and safe use of the dropmodels.com website.
The law applicable to the services provided to the Customer/User via the Online Shop dropmodels.com, including the contract of sale of the goods is the Polish law. The above does not limit the rights of consumers from his/her country of residence. For the avoidance of possible doubt, the application of the United Nations Convention on Contracts for the International Sale of Goods, drawn up in Vienna on 11th April 1980, is excluded.
Jurisdiction for any disputes arising involving the User/Customer (except for Customers who are Consumers or Entrepreneurs) or other entities for whom the Seller provides services under the Shop (except for Consumers or Entrepreneurs) is a common court in the district in which the Seller has its headquarters. In the case of disputes with Consumers or Entrepreneurs, the court competent to handle disputes is the court of general jurisdiction.
These Terms and Conditions are effective as of 1.08.2022, and in the case of subsequent updates, as of the date of their publication, i.e. publication on the dropmodels.com Website, provided that the amendment shall not apply to Consumers or Entrepreneurs who have acquired rights on the basis of the previous Terms and Conditions, provided that the provisions of the previous version of the Terms and Conditions are more favourable to them.