SBC

General Terms and Conditions RC-Jetprint

The following General Terms and Conditions (GTC) regulate the use and the claim for the offer under the domain
www.rc-jeptrint.de (hereinafter referred to as “Shop”). The contractual partner and service provider (hereinafter referred to as “Seller") is:

RC-Jetprint

Owner: Andreas Siek, Uhlandstr. 42, 32105 Bad Salzuflen, Germany
E-Mail: info@RC-Jetprint.de

Status: 04.04.2022

The Seller provides its services on the basis of the General Terms and Conditions in the version valid at the time of the conclusion of the contract. All offers of the store can be changed without prior notice. Consumers in the sense of §13 BGB (German Civil Code) are accepted as customers in the store - i.e. any natural person who concludes a legal transaction for a purpose that is neither attributable to his commercial nor his independent professional activity.

1. General / description of the service
The customer can purchase digital files and potentially included text and image material (hereinafter referred to as “Products”) via the Shop. The customer can select the Products in the Shop and purchase them. The Products are available exclusively via download. The purchased Products can be run on all common 3D printer devices. The Seller does not extend any warranty for compatibility. The following General Terms and Conditions apply to the entire business relationship with the Buyer. The Buyer recognises them as being binding on it for the present contract. The Buyer agrees to receiving electronic communication from us for the purposes of the contract, e.g. in the form of emails and the Buyer further agrees that the electronic communication also complies with the form for all consents and notifications, unless statutory provisions mandate another form. The Buyer waives invoking its own terms of purchasing. These will also not become part of the contract if we do not respond or if we make our delivery. Any correspondence with us must be sent via the address named in the legal notice of the homepage.

2. Conclusion of the contract
The presentations on our web pages shall be understood as a request to place offers by ordering, i.e. the order is an offer made to us for the buying the selected items from us. The purchase contract will be concluded only by our explicit acceptance of such an offer from the Buyer. By clicking the “Order now against payment” button in the last step of the ordering process, the customer makes a binding offer to purchase the digital Products via download against payment. The Seller will confirm receipt of the order to the customer exclusively by email sent to the address that was entered in the order process or that is saved in the customer account. Payments can be processed either as payment in advance/bank transfer or via external payment service providers (PayPal or SOFORTÜberweisung). The services of external payment service providers are subject to the GTC of the respective provider, which can be retrieved on the homepage of the provider in question. The condition for a successful processing of the purchase is the correct input of the data queried from the customer. The customer completes the payment by clicking on the “Pay now” button (or a similar button) after completed login or input of his or her personal data. After successful payment, the customer will be redirected to the Shop where the purchased Products can be downloaded. Immediately after successful payment, the customer will be sent a confirmation by email to the saved email address and the download will be made available. By making the ordered Products available for download, the buyer accepts the customer’s offer and the purchase contract is effectively concluded. The purchase contract will be deemed fulfilled by the Seller as soon as the Product was downloaded successfully for the first time.

3. Prices, due date and payment, default
Our prices are in Euro (€/EUR), the prices mentioned in the store are final prices. According to § 19 UStG no sales tax will be charged. The purchase price is due immediately. The payment options PayPal, credit card, direct debit, SOFORT Überweisung and prepayment/bank transfer are free and free of charge. Purchase on account is not possible. Should the buyer be in default of payment, we are entitled to charge interest on arrears at a rate of 5% above the prime rate per annum announced by the European Central Bank. Should we have incurred a higher damage caused by default, we shall be entitled to assert such damage. If the purchaser is in default of payment for a delivery, we may withhold further deliveries without being in default. An express assertion of our right of retention is not required. The date of receipt of the payment by us or the date on which the payment is credited to the paying agent specified by us shall be decisive for the timeliness of payment, not the date of dispatch.

4. Shipping
The articles are distributed exclusively as download, there are no shipping costs.

5. Revocation
The buyer is legally entitled to a right of withdrawal pursuant to § 312 g BGB if he is a consumer, since the purchase of goods on the Internet as in this case is a so-called distance contract. Regarding the right of withdrawal and its consequences, a separate cancellation policy will be issued and sent in text form upon completion of the order.

6. Expiry of the right of withdrawal
In the case of contracts for digital content/goods that are not delivered on a physical medium (such as downloads), the right of withdrawal shall expire as soon as the seller has begun executing the contract, after the buyer has expressly consented to the seller beginning to execute the contract before the end of the withdrawal period, and the buyer has confirmed his knowledge that his consent means that he loses his right of withdrawal as soon as the execution of the contract begins. Consent to commence and confirmation of the Buyer's knowledge is made at the end of the ordering process on the Summary page (query by checkbox, tick) before sending the order to the Seller.

7. Rights of use
Through the purchase, the customer acquires the simple, non-transferable, spatially and temporally unrestricted right to store, copy and listen to or view the purchased products for exclusively personal and private use, not for commercial purposes, as often as desired. Purchased products may be copied to various local storage devices, burned to data carriers and used exclusively for private purposes. Any further use beyond the rights granted is not permitted. Commercial use and distribution of the products, is not permitted. The saving and placing of purchased products in data networks is expressly prohibited. The products are copyrighted material. When using the purchased products, the customer must comply with the statutory provisions and the provisions of the German Copyright Act (UrhG) in its current version. All rights of the authors to the protected works contained on the website are reserved. The digital products may only be used by the customer himself and may not be passed on to third parties. The seller reserves the right to add digital logos to the offered products. Digital logos consist of perceptible information, which must be printed as well.

8. Retention of title
Delivered products shall remain our property until payment has been made in full. Insurance claims and claims for damages which the buyer acquires due to loss or damage to the products are hereby assigned to us. If the Buyer is in default, he shall grant us access to the products in his possession at our request, send us a detailed list of the products, surrender the products to us and delete and destroy them on his premises.

9. Liability
As far as the customer uses services of the store, the customer is responsible to keep them safe and from the access of third parties and is liable for any further action. If the customer suspects that unauthorized third parties have gained knowledge of it, he has to inform the seller immediately and take all legal steps himself that they immediately stop the unauthorized use of the service of the store. The customer undertakes not to use a collective e-mail address used by several users. The customer is liable for any infringements of third party rights for which he is responsible towards these third parties himself and directly. In the case of justified claims by third parties, the customer is obligated to indemnify the seller, unless he can prove that he is not responsible for the breach of duty that caused the damage. In the event of intent or gross negligence, the Seller shall be liable without limitation for all damages attributable thereto. If the attributable breach of duty of the seller is due to simple negligence and an essential contractual obligation is culpably violated, the liability of the seller is limited to the typical, comparable damage that occurs in comparable cases. For loss of data for which the store is responsible, or consequential harm caused by a defect, the seller is only liable for damages that can be traced back to data lost up to the last data backup of the customer, or up to the previous point in time at which the data backup would have had to be carried out.

Liability for any indirect damages and consequential damages, such as damages incurred subsequently, in particular data loss, hardware malfunctions, defects in the manufactured end product is excluded in its entirety.
Liability for direct damages is limited to the amount of the service of the product purchased by the customer. This limitation of liability does not apply to direct damages caused by gross negligence or intent.

The customer is obliged to report direct damage to the immediately, without culpable delay.

Any liability for auxiliary persons is fully excluded.

10. Blocking
The seller reserves the right to block the customer in case of misuse, violation of contractual obligations and duties as well as default of payment.

11. Rights of withdrawal
We may withdraw from the contract if it becomes apparent after conclusion of the contract that we have quoted prices which are lower than our actual purchase prices and we are not responsible for this circumstance because incorrect information has led to this. We may also withdraw from the contract if, after conclusion of the contract, it becomes apparent that we have quoted prices for which we are not responsible because software errors have led to this. Our rights of rescission due to error shall remain unaffected by the rights of rescission described above. In the event of the aforementioned circumstances, the customer will be informed immediately and any purchase prices paid will be refunded without delay.

12. Liability for defects
The Purchaser shall be entitled to the statutory claims under the German Civil Code with regard to defects in the purchased item. If there is a defect in the purchased item, the Purchaser may first demand subsequent performance = the delivery of a defect-free purchased item. The defective purchase item delivered first must be proven by the purchaser and reported to the seller in writing (e.g. by e-mail). If the subsequent performance fails, the purchaser may either reduce the purchase price in accordance with the defect or withdraw from the contract altogether. If the delivered product has obvious material defects, the buyer must report these defects to us within fourteen days of receipt of the product at the latest, stating the defects and referring to the order number. The relevant time for compliance with this notification period is not the date of receipt by us, but the postmark or the date of dispatch of the notice of defect. A defect is always obvious if it is noticeable without special attention. Delayed notification of such obvious defects shall result in the loss of warranty rights with regard to such defects. For non-obvious defects, on the other hand, the statutory limitation periods shall apply. If the Buyer is a merchant within the meaning of the German Commercial Code (HGB), the special obligation to give notice of defects in commercial transactions pursuant to §§ 377, 378 HGB shall remain unaffected.

13. Retention and set-off
The purchaser may only assert a right of retention if it is based on the same contractual relationship. He shall only be entitled to a set-off if we do not dispute the counterclaim or if it has been legally established. If the purchaser is a merchant within the meaning of the German Commercial Code (HGB), his rights of retention shall be excluded.

14. Foreign business
All agreements with us are subject to German law. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

15. Effectiveness
The invalidity of one or more clauses of these General Terms and Conditions shall not affect the validity of the remainder of the contract. The invalid provision shall be replaced by the statutory provisions.

16. Place of performance, place of jurisdiction
For all rights and obligations arising from the business relationship, the place of performance shall be determined in accordance with the statutory provisions. If the customer is a merchant within the meaning of the German Commercial Code (HGB), the exclusive jurisdiction of the court at our registered office is agreed for all disputes arising from the contract. Our right to assert our claims in court at another place of jurisdiction shall remain unaffected vis-à-vis merchants. We may also assert our claims against a customer who is not a merchant before the court at our registered office if he has no general place of jurisdiction in the Federal Republic of Germany or if he moves his place of residence or habitual abode out of this area after conclusion of the contract or if his place of residence or habitual abode is not known at the time of assertion of the claim in court.

17. Data protection
Information about the nature and extent, location and purpose of the collection, processing and use of personal data required for the execution of orders by us can be found in the privacy policy.

18. Information on online dispute resolution (pursuant to Art. 14 (1) ODR Regulation)
The online dispute resolution platform of the European Commission can be reached at: https://ec.europa.eu/consumers/odrWe are neither willing nor obliged to participate in arbitration proceedings before a consumer arbitration board.

Additional General Terms and Conditions RC-Jetprint Seller Program (“Your Projects”)

1. In advance

RC-Jetprint reserves the right to change these general terms and conditions and notices at any time. Such changes will be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Terms and Conditions and any additional terms and conditions or notices posted on the RC-Jetprint.com website. Your continued access to this Website will constitute your conclusive acceptance of the modified Agreement, and the modified Agreement will apply to existing content uploaded to the Website at the time of the modification.

2. Electronic communication

When you visit RC-Jetprint.com or send email to us, you are communicating with us electronically and thereby consent to receive communications from us electronically or by other available means. We communicate with you electronically or by telephone. In addition, all agreements, notices, disclosures and other communications that we provide to you electronically will be deemed to satisfy any legal requirement that such communications be in writing.

3. Upload content

Registered users (vendors) of RC-Jetprint.com can upload and publish content to the website. This content may include uploading 3D printable files and posting other content (e.g. profile information and comments). You represent and warrant that any materials uploaded or posted are your original creation or you have the necessary rights, licenses and permissions to submit such content and may lawfully grant RC-Jetprint.com the necessary rights in such content grant. You further represent and warrant that you will not upload any content that violates the rights of any third party or that is otherwise unlawful to possess in your location or would be unlawful if displayed or offered for download on the Site. RC-Jetprint.com reserves the right, in its sole discretion, to refuse or cancel any user registration or otherwise restrict access to the Site.

4. Copyright and Licenses

All content on this site, including but not limited to: text, graphics, logos, button icons, films, images, audio clips, digital downloads, data compilations and software, is the property of RC-Jetprint.com or the original content uploader or the original content uploader, its content suppliers or its customers are protected by domestic and international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, or upload any portion of the Site Content without the prior express written consent of RC-Jetprint.com or the original content uploader(s). transmit or distribute.

You may print or download portions of the materials from various areas of this website solely for your own non-commercial use - unless there is a prior agreement or arrangement with RC-Jetprint.com or the design owner for the commercial use of those elements - provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe that any content appearing on our website constitutes a copyright infringement of another party's rights, please contact us immediately at info@rc-jetprint.com to notify us of such infringement.

RC-Jetprint.com grants you a limited, non-transferable license to access and use this website, including downloading 3D printing files. This site or any portion of this site may not be reproduced, distributed, duplicated, adapted, copied, sold, resold, transferred, or otherwise exploited for any commercial purpose without the express written consent of RC-Jetprint.com or its respective licensors. You may not access any content on the Site (including, but not limited to, 3D printing files) for any reason other than for non-commercial, personal use intended solely through the web interface.

You may not frame or utilize framing techniques to enclose any RC-Jetprint.com trademark, logo, or other proprietary information (including images, text, Flash movies, page layouts, or forms) without our express written consent. You may not use any META tags or any other “hidden text” that uses a derivative of our domain or company name without the express written consent of RC-Jetprint.com.

You are hereby granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of RC-Jetprint.com so long as the link does not contain false, misleading, derogatory, or otherwise offensive content.

Furthermore, it is understood and agreed that RC-Jetprint.com cannot and does not guarantee or warrant that files available for downloading through the RC-Jetprint.com website will be free of infection or viruses, worms, Trojan horses or other code , which manifests contaminating or destructive properties. It is your responsibility to implement sufficient security measures and procedures to ensure that all files received through RC-Jetprint.com are free from such contamination.

Unless covered by another section in these Terms and Conditions, when you upload Content, you retain your existing rights in the Content, but grant RC-Jetprint.com a worldwide, non-exclusive, royalty-free, assignable, transferable license (and right to sublicense) for the uploaded content that is to be displayed on the website and, if necessary, made available for download by other users.

5. Procedure for Notifying Copyright or Intellectual Property Infringement

If you believe that any material located on or accessible through the RC-Jetprint.com website infringes a copyright or other intellectual property right, you may submit a notice of infringement to RC-Jetprint by email to Send info@rc-jetprint.com. Please indicate the type of violation involved. The notification must contain the following information: 

 – A signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that is allegedly infringed (signatures can be made electronically by entering your name);

– Sufficiently detailed identification of the material being infringed (for allegations of patent infringement, please provide a patent number);

– Identification of the material on RC-Jetprint that is claimed to infringe intellectual property rights. Provide sufficiently detailed information about the location of the infringing material to enable RC-Jetprint to locate and verify its existence (for entries, please provide the link or URL to each entry that you claim to be). it constitutes a violation);

– Contact information about the reporter, including the name of the intellectual property owner, the name and title of the person contacting RC-Jetprint on behalf of the owner, address, telephone number and email address;

– A statement that the applicant has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law;

– A statement, made under penalty of perjury, that the information provided is accurate and that the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner;

- If material is removed from the site, RC-Jetprint will use reasonable efforts to notify the Member of the removal and the reason for the removal, and may provide the Member with a copy of the notice and the contact information of the notifying party.

6. Disclaimer of Warranties/Limitation of Liability

This website and all related information are provided by RC-Jetprint.com on an “as is” basis. RC-Jetprint.com makes no express or implied warranties, representations or endorsements of any kind or as to the operation of this website or the information, content, materials or projects included on this website. In particular, RC-Jetprint.com makes no representation or warranty that the website and any related information:

(a) must meet your requirements or be suitable for a particular purpose;

(b) must be accurate, reliable and free from defects;

(c) that any deficiencies in the information or materials will be corrected

RC-Jetprint.com hereby expressly excludes any liability for any direct, indirect or consequential loss or damage suffered by any user in connection with the website or in connection with the use, inability to use or the consequences of the use of the website. all websites linked to it and all materials published thereon, including:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits or contracts;

(d) loss of expected savings;

(e) loss of data;

(f) loss of goodwill;

and whether they were caused by tort (including negligence), breach of contract or otherwise and whether RC-Jetprint.com was informed of or should have been aware of the possibility of such losses.

7. File delivery

 RC-Jetprint.com is not responsible or liable for the projects on the website. In particular, we are not responsible or liable for which projects are started, carried out or completed and how the proceeds and income from all projects are used by the author. The only legal entity fully responsible for the applicable Project and any defects in a Project is the creator of that Project.

In the unusual event that a creator does not deliver a project within 60 days of the officially stated end date, concerns may be escalated directly to RC-Jetprint for intervention. We reserve the right to withhold payout requests to Creators until delivery has been properly and satisfactorily communicated to Customers at such time.

This does not affect RC-Jetprint.com's liability, which cannot be excluded or limited under applicable law.

8. Third Party Links

Linked websites are not under the control of RC-Jetprint.com and RC-Jetprint.com is not responsible for the content of any linked website or any link contained in a linked website. RC-Jetprint is providing links to you solely as a convenience, and the inclusion of any link does not imply or constitute endorsement by RC-Jetprint of the site.

9. International use

Given the global nature of the Internet, you agree to comply with all local rules, including, but not limited to, Internet, data, email, privacy, copyright and trademark infringement rules. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.

10. Other provisions

RC-Jetprint's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not constitute a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. RC-Jetprint may assign its rights and obligations under these Terms and Conditions to any party at any time without notice. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. All rights not expressly granted herein are reserved.

11. Property

You may not claim intellectual or exclusive ownership of our projects, modified or unchanged. All projects are property of RC-Jetprint.com. Our projects are provided “as is” without warranty of any kind, either express or implied. In no event shall our entity be liable for any damages, including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising from the use or inability to use our projects.

12. Refund Policy

Refund of a digital project purchase

RC-Jetprint mainly sells intangible, irrevocable goods. In most cases, we do not issue a refund after a project has been distributed. It is your responsibility to understand this when purchasing.

Please note: If you would like to request a refund for the purchase of a digital project, the request must be made within 14 days of purchase. And we typically only process a refund for the following reasons:

  1. You were charged more than the price shown on the checkout page.
  2. You have received misleading information.

 If you have any issues with your digital project itself, customers must contact the digital project creator to request a refund. Please note that RC-Jetprint.com merely provides the platform on which payments are made between customers and creators.

 You can contact a Creator by accessing his/her profile page and clicking the “Email” button.

 If the creators reject the refund request or you are unable to receive support from the creators within 14 days of contacting us, please contact us.

Please note that once a refund is made, you may lose access to purchases, certain downloads, your content, or future updates.

13. Vendor Service (Store Manager)

The Store Manager service is operated by RC-Jetprint. Therefore, all users of the Store Manager service must comply with our Terms and Conditions set out on this page.

Pricing and Refunds: The price for using the Store Manager Service (if applicable) will be communicated to you on our web pages or otherwise during the registration process. You agree to pay the price at the rate notified to you at the time you completed your Service. Please note that these fees are non-refundable.

14. Prices and Payment

The prices stated on this website are in EUR as stated. The cost of your order is the sum of each project or package, other fees and any additional services you have ordered. The total cost will be clearly displayed in your shopping cart at checkout and before your order is confirmed. Once you have confirmed your order, you will be asked to provide your payment details. Payment will be deducted from your account once you have confirmed your payment details. Payments must be made in the currency stated on your invoice.

Payment can only be made securely via PayPal (fees may apply). Once payment has been made, we do not store any card details (although the payment processors themselves may store your payment details if you choose to do so during checkout).

To protect you and us from fraudulent activity, we may use the information you provide to confirm your identity. For example, we may compare your name, address or other personal information you provided during the ordering process with appropriate third-party databases. We may also securely pass your information to our accredited identity verification partner who can record your information. Any information you provide will be treated securely and strictly in accordance with the Data Protection Act 1998.

15. Delivery of digital files

Once we receive confirmation of your payment, we will process your order. Purchased items will be available as downloadable files directly from RC-Jetprint.com when logged in with the account used for your confirmed purchase.

16. Modifications

RC-Jetprint and the file owner reserve the right to modify, suspend or discontinue the files or any part thereof at any time with or without notice. You agree that RC-Jetprint and the file owner shall not be liable to you or any third party for any modification, suspension or discontinuance of the files.

17. Fees and Payments

1) RC-Jetprint charges a 25% commission on each sale for maintaining the website, providing free, hassle-free seller services, and paying any PayPal transaction fees.

2) RC-Jetprint always collects sales tax (7% VAT) paid by the customer in accordance with German tax law for digital downloads and transfers this to the responsible authority in Germany, which is then processed with third countries via applicable one-stop shop regulations.

3) RC-Jetprint manages all VAT/Sales Tax on behalf of the creator. We collect and remit the applicable VAT/sales tax on your behalf to the relevant tax authorities. We do this to make it as easy as possible for RC-Jetprint creators. The Creator's sales price must include this 7% tax rate, which may be displayed on the Website excluding VAT.

4) Payouts to sellers are made exclusively via the PayPal payment gateway immediately after each sale. The PayPal transaction fees must be borne by the providers.

5) RC-Jetprint currently only allows PayPal as a payment gateway for customers and sellers (creators).

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