Terms of Service

I. Definitions

The terms used in the Regulations mean:

1. Customer - a natural person, legal person or organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which places an Order in the Store.

2. Consumer - an adult natural person with full legal capacity, who makes a purchase not related directly to his business or professional activity.

3. Regulations - these Regulations for the provision of electronic services as part of the Online Store www.ArtGraphic3D.com

4. Online Store (Store) - the website available at www.ArtGraphic3D.com, through which the Customer may place Orders.

5. Seller - Company Marcin Wodzyński ArtGraphic3D, address st. Krzysztofa Kamila Baczyńskiego 18/73, city 85-822 Bydgoszcz, country Poland European Union, VAT-UE PL 9532472750 .
Registered in the Central Register and Information on Economic Activity (CEIDG), kept by the Polish Minister responsible for Economy.

6. Product - (electronic file, digital product) products presented in the Online Store (digital product in the form of three-dimensional 3D Models, Scenes containing 3D Models, 2D Textures, Materials, Images, Renders, Movies, Animations) saved in appropriate file formats. The files can be opened with the appropriate software installed on a computer device.
Products presented in the Store They are NON Physical Items, NON Physical Objects.

7. Sales Agreement - a contract for the sale of Products within the meaning of the Civil Code (Polish law), concluded using the website.

8. License Agreement - an agreement specifying the conditions for the use of files by the Customer, concluded between the User and the Store, on the terms specified in the license.

9. Order - your (the Customer) declaration of will regarding the conclusion of the Sales Agreement for products that you submit using the Order form on the Store's website.

10. Civil Code - the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended)(Polish law).

11. Consumer Rights Act - the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended)(Polish law).

12. Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended)(Polish law).

13. PDF - (Portable Document Format) - A digital PDF file format developed by Adobe.

II. General provisions

1. These Regulations define the rules for using the online store available at the following address: www.ArtGraphic3D.com

2. These Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services. (Polish law).

3. The online store operating at www.ArtGraphic3D.com is run by Company Marcin Wodzyński ArtGraphic3D, address st. Krzysztofa Kamila Baczyńskiego 18/73, city 85-822 Bydgoszcz, country Poland European Union, VAT-UE PL 9532472750 , registered in the Central Register and Information on Economic Activity (CEIDG), kept by the Polish Minister responsible for Economy.

4. These Regulations specify in particular:

a.) rules for registering and using an account in the Online Store;

b.) the terms and conditions for making electronic reservations of products available as part of the Online Store;

c.) the terms and conditions for submitting Orders in the online store by electronic means;

d.) rules for concluding Sales Agreements with the use of services provided in the Online Store.

5. Using the Online Store is possible provided that the ICT system used by the customer meets the following minimum technical requirements:

a.) Mozilla FireFox version 11.0 or later.

b.) minimum screen resolution of 1024 x 768 pixels.

6. In order to use the online store, the Customer should, on his own, gain access to a computer station or terminal device with Internet access.

7. In accordance with applicable law (Polish law), the owner of the online store reserves the right to limit the provision of services via the Online Store to people who have reached the age of 18 years. In this case, potential customers will be notified of the above.

8. Customers can access these Regulations at any time via the link on the home page of the website www.ArtGraphic3D.com and download it and print it out.

9. Information about the Products provided on the Store's websites, in particular their descriptions, technical parameters, performance parameters and prices, constitute an invitation to conclude a contract, within the meaning of Art. 71 of the Civil Code (Polish law).

III. Rules for using the Online Store.

1. The condition to start using the Online Store is registration.

2. Registration takes place by completing and accepting the registration form available on the Store's website.

3. The condition for registration is to agree to the content of the Regulations and to provide personal data marked as mandatory.

4. The owner of the online store may deprive the customer of the right to use the online store, as well as limit his access to some or all of the online store's resources, with immediate effect, in the event of a breach by the customer of the regulations, in particular when the customer:

a.) during registration in the online store, he provided untrue, inaccurate or outdated data, misleading or infringing the rights of third parties.

b.) has infringed the personal rights of third parties via the online store, in particular the personal rights of other customers of the online store.

c.) engages in other behaviors that will be considered by the Store as inconsistent with applicable law or general principles of using the Internet or harming the good name of the owner of the online store.

5. A person who has been deprived of the right to use the online store may not re-register without the prior consent of the Store.

6. In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data sent on the Internet by unauthorized persons.

7. The customer is obliged in particular to:

a.) not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties.

b.) using the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,

c.) refrain from taking actions such as: sending or posting unsolicited commercial information as part of the Online Store,

d.) using the Online Store in a way that is not inconvenient for other customers and for the owner of the online store,

e.) use of any content contained in the Online Store only for personal use,

f.) use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.

8. Customers can access these Regulations at any time via the link on the main page of the store.

IV. Procedure for concluding a Sales Agreement

1. In order to conclude a Sales Agreement via the Online Store, go to the website www.ArtGraphic3D.com, select products, taking further technical steps based on the messages displayed to the Customer and information available on the website.

2. The selection of the Products ordered by the Customer is made by adding them to the basket.

3. When placing the Order, the Customer has the option to modify the entered data and the selection of the Product. To do this, follow the displayed messages and information available on the website.

4. After the Customer using the Online Store has provided all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include information on:

a.) subject of the contract (product name)

b.) file format

c.) unit and total price of the ordered products or services, including delivery costs and additional costs (if any),

d.) selected payment method,

e.) the method of delivery,

5. In order to send the Order, it is necessary to accept the content of the Regulations and the License and provide personal data marked as mandatory and press the "Place an order" button.

6. Sending the Order by the Customer is a declaration of will to conclude a Sales Agreement with the Seller, in accordance with the Regulations.

7. After placing the Order, the Customer receives a message to the e-mail address provided when creating the account, the message will include;

a.) name of the subject of the contract

b.) order number

c.) file format

d.) prices of the ordered product

e.) final confirmation of the Order by the Store

8. The contract is considered concluded with the receipt of an e-mail with a Positive Order Confirmation from the Store to the e-mail address provided when setting up the account by the Customer.

9. The order is transferred for execution upon receipt of the confirmation of the positive information about the payment from the entity making the payment.

10. After receiving information about the payment made, the Customer receives the e-mail provided at the time of registration, which will include:

a.) confirmation of payment receipt;

b.) information on how to download the product

11. We will issue a VAT invoice to the entrepreneur upon request, after correctly filling in the data in the form. The consumer will receive a sales document documented with a VAT invoice. The customer will receive an electronic invoice in PDF format in language Polish.

12. Before ordering the product, the customer should make sure that his 3D graphics program that supports the selected file format.

13. Before Ordering a product, the Customer should read the terms of the Regulations and the License.

14. The sales contract is concluded in English in accordance with the Regulations.

15. The customer agrees to the processing by the seller of the personal data provided by him in the process of registering an account in the Online Store. The data will be processed in order to fulfill the Order. Providing personal data by the Customer is voluntary, but failure to do so may prevent the submission of an Order and conclusion of the Agreement by electronic means.

16. The customer has the right to access their personal data and to correct and delete them. Personal data may be corrected or deleted after logging in to the Customer's account.

17. Orders are accepted in the Store 24 hours a day. Orders placed on Saturday, Sunday or public holidays will be processed on the next business day.

V. Delivery of Products

1. Delivery of the ordered Products takes place via e-mail to the e-mail address provided when creating the account. The shipping cost is free. A link to download the file or files will be sent to the e-mail address provided. The files will be available for download for 7 days.

2. The time of delivery is from 1 hour to 14 business days.

3. After the customer has made the purchase, it is recommended to save a copy of the files on a storage medium. The store does not provide the service of storing purchased files in the www.ArtGraphic3D.com Online Store.

4. The files are compressed in zip format.

6. Consolidation, security, disclosure and confirmation of the content of the essential provisions of the contract for the sale of products takes place by sending the customer to the e-mail address provided confirmation of placing the order and in the form of a VAT invoice file, after completing the order.

VI. Prices and payment methods

1. Product prices are given in US dollars (USD), euro (EUR) and Polish zloty (PLN), they are net prices (without VAT) to which VAT will be added in accordance with the applicable rates.

2. The customer has the option to make the payment:

a.) payment in the PayPal system.

VII. The right to withdraw from the contract

1. A consumer who has concluded a distance contract may withdraw from it within 14 days in writing without giving a reason and without incurring costs. One-person business activities have the right to withdraw from the product purchase contract. An entrepreneur running a sole proprietorship must meet the following conditions:

a.) the contract of sale is related to his business activity, but for him it does not have a professional character resulting in particular from the subject of the activity performed by this entrepreneur.

2. In the event of withdrawal from the contract by the Customer, the Store will refund the money paid (along with shipping costs) within 14 days to the Customer's bank account.

3. The 14-day period is counted from the date of delivery of the product, understood as taking possession of the item by the Consumer or a third party designated by the Consumer, other than the carrier.

4. To withdraw from the Agreement, a declaration of intent must be submitted to the Seller by sending it by e-mail to the e-mail address or by post to the Seller's address.

5. The Seller shall immediately confirm to the Consumer the receipt of the declaration of withdrawal from the contract to the e-mail address provided when concluding the Agreement and other, if provided in the submitted statement.

6. In the event of withdrawal from the contract, the contract is considered void.

7. In the event of withdrawal from the contract, the Consumer is obliged to delete all copies of the files within 14 days.

8. The consumer does not bear the costs of delivering digital content;

which are not recorded on a tangible medium,

if he did not agree to the performance before the deadline to withdraw from the contract or

was not informed about the loss of his right to withdraw from the contract at the time of giving such consent or

the entrepreneur has not provided confirmation in accordance with Art. 15 sec. 1 and art. 21 paragraph 1 (Polish law).

9. The consumer is responsible for reducing the value of the item being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.

10. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, return to the Consumer all payments made by him, including the costs of delivering the goods, and if the Buyer chose a method of product delivery other than the cheapest ordinary the method of delivery available in the Store, the Seller is not obliged to reimburse the consumer for additional costs incurred by him in accordance with Article 33 of the Consumer Law (Polish law).

11. The consumer is not entitled to withdraw from the contract (in accordance with Article 38 of the consumer law (Polish law) ):

a) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract;

b) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;

c) in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;

d) in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;

e) in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;

f) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;

g) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.

h) due to the type of delivered Digital Products that are not saved on a tangible medium, the Consumer cannot withdraw from the contract (before the expiry of the 14-day withdrawal period) after downloading the file.

Template form of withdrawal form the contract

12. The Store refunds the payment using the same payment method as used by the Consumer, unless the Consumer has expressly agreed to a different payment method that does not involve any costs for him.

VIII. Complaints about the Products

1. The customer may submit a complaint to the e-mail address of the store or in writing to the address of the Seller. The store undertakes to consider the complaint within 14 days. In particular when:

a) the purchased file turns out to be damaged.

2. The purchased file that turns out to be damaged will be replaced with a new, undamaged file.

3. If it is not possible to repair the damaged Product or replace it with a new one, the complaint will be recognized and the money will be refunded (refund including shipping costs) within 14 calendar days from the moment the customer is informed about the complaint being resolved in his favor.

4. The seller is obliged to deliver items free from defects. All products available in the Store are brand new, free from physical defects and legal defects, and have been legally placed on the Polish market.

5. Complaints arising from the violation of the Customer's rights guaranteed by law or under these Regulations should be sent in writing to the address of the Seller or to the e-mail address of the Store. Product complaints can be reported in the customer panel or by completing the complaint form. The seller undertakes to consider the submitted complaint within 14 days.

My Order History

Template for product complaint form

IX. Complaints regarding the provision of electronic services

1. The Seller takes steps to ensure that the Store is fully operational, to the extent that it results from the current technical knowledge and undertakes to remove any irregularities reported by the Customers within a reasonable time.

2. The Customer is obliged to immediately notify the Seller of any irregularities or interruptions in the functioning of the Online Store.

3. Irregularities related to the functioning of the Store The customer can be reported to the e-mail address of the store or in writing to the address of the Seller.

4. In the complaint, the Customer should provide his name and surname, correspondence address, type and date of irregularities related to the functioning of the Store.

5. The Seller undertakes to consider each complaint within 14 days, and if it was not possible, to inform the Customer during this period when the complaint will be considered.

X. Copyright

All the images, renders, icons and product preview images on the www.ArtGraphic3D.com website shared by us are protected by copyright and belong to the owner of the Store.

In order to obtain consent to use materials from the website www.ArtGraphic3D.com please contact the Store Owner.

The author does NOT consent to copying, duplicating, modifying, saving on storage media, any other use, in whole or in part, of renderings, images, icons, graphics, information, category descriptions, product descriptions, data or other content available on the Website or from it.

XI. Final Provisions

1. The Customer who is a Consumer has the option of using extrajudicial means of dealing with complaints and pursuing claims before the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection.

The Customer who is a Consumer has the option of using extrajudicial means of dealing with complaints and redress. Their use is voluntary and may only take place if both parties to the dispute agree to it. Information on how to access the above-mentioned dispute resolution procedure and procedures is available at the offices and at the following address: https://uokik.gov.pl/spory_konsumenckie.php

2. The European Commission also provides a platform for online dispute resolution between Consumers and Entrepreneurs (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/

3. In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services and other relevant provisions of Polish law shall apply.

XII. Personal data protection (GDPR)

1. The rules for the processing and protection of personal data are set out in the Privacy Policy.

2. The Privacy Policy is an integral part of the Regulations.

XIII. Changing the Regulations

1. Changing the regulations in the Online Store may be caused by a change in the law, but may also result directly from the Seller's will, the functioning of the Store.

2. In the event of a change to the Regulations, we will inform you about it at least 14 days before their entry into force.