Rules and regulations
Publication date: 1 June 2020
ModelUp available at http://www.modelup.co is property of Kurpiewski Cywoniuk Sp. z o.o., ul. Ludowa 3E, Wysokie Mazowieckie 18-200, entered into the Register of Enterpreneurs of the National Court Register kept by the District Court in Białystok, XII Commercial Division, under KRS number 0000715193, REGON 369319678000000, NIP 7221630795.
You can contact ModelUp at the office address mentioned above or via e-mail address ask@modelup.co.
TERMS
The following terms shall have respective meaning:
a) ModelUp – website www.modelup.co
b) Registered User – natural person, legal person or organizational unit without legal personality but with legal capacity who has created an account on ModelUp
c) Product – all 3D models with textures and materials available on ModelUp
d) License Terms – terms of using Products downloaded from ModelUp
e) Consumer - natural person performing purchase at ModelUp not directly related to his business or professional activity; or natural person conducting a business activity performing purchase at ModelUp directly related to his business if such purchase does not have the professional character for him and is not related in particular to the scope of his business.
f) Buyer – natural person, legal person or organizational unit without legal personality but with legal capacity
g) Seller – Kurpiewski Cywoniuk Sp. z o.o.
h) End-User – natural person, legal person or organizational unit without legal personality but with legal capacity downloading Model from ModelUp.
i) Model – three-dimensional model or combination of three-dimensional models with materials and textures available at ModelUp.
PRELIMINARY PROVISIONS
1. ModelUp offers high-quality 3D models for professionals.
2. No specific technical conditions are required from your computer or any other device to use this website. The following technical conditions are sufficient:
a) Internet access,
b) standard operating system,
c) standard internet browser,
d) valid e-mail address.
3. To download any Product from ModelUp, you have to be a Registered User.
4. It is not possible to purchase anything from the ModelUp anonymously or under a nickname.
5. All Products prices provided on the ModelUp are gross prices.
BECOMING A MEMBER
To become a Registered User you have to create an account. You can create your account using the following link – https://www.modelup.co/account/login
INTELLECTUAL PROPERTY
1. All Products available on ModelUp are property of Kurpiewski Cywoniuk Sp. z o.o.
2. It is forbidden to use any of our intellectual property unless otherwise specified in the License Terms.
LICENSE TERMS
1. The Models available on the website are property of Kurpiewski Cywoniuk Sp. z o.o.
2. By downloading Models, Seller grants a lifetime, non-exclusive and non-transferable license to use the Models.
3. The End-user may use the downloaded files for their personal and commercial use.
4. Models cannot be sold, distributed, redistributed in original format or other format, assigned, transferred, or exported separately if the Models permit so.
5. Models can be modified as you need but cannot be sold or distributed as your own.
6. The End-user may not:
a) use Models in applications intended for resale;
b) patent, resell, rent, loan, assign or otherwise transfer or distribute the Models or associated rights in accordance with this License Terms;
c) use or visualise Models in electronic form in order to be downloaded or distributed through mobile devices or shared in any way, with peer-to-peer arrangements or with any other similar means of sharing files.
DOWNLOADING PRODUCTS
1. Only Registered Users can download Products.
2. By downloading a Product you do not acquire its ownership, but a license to use it.
3. Terms of use are specified in License Terms.
4. Downloading a free Product is chargeless.
5. To download Products other than marked as “Free” you need to pay the price.
PAYMENTS
1. All payments for products available on ModelUp can be done via:
a) PayPal operator,
b) Dotpay operator,
c) manual bank transfer.
2. To acquire license to paid Model add it to the shopping cart. Go to your shopping cart then and click Purchase button. You will be redirected to payment section, where you can make payment in one of three ways listed above in point 2. After obtaining a positive payment authorisation, you will receive a direct download link on your e-mail address. The link is one-off and it will be active for the next 24 hours.
3. The prices are displayed in three currencies: PLN, EUR, USD.
REFUNDS & CANCELLATIONS
1. In accordance with the article 38 point 13 of the Act on consumer rights from 30 May 2014, for distance or off-premises contracts, a Consumer is not allowed to withdraw from a contract for delivery of digital contents not stored on physical media.
2. No refunds or cancellations can be done.
3. By downloading Model other than free, End-User agrees for an immediate execution of the agreement. In result, no right of withdrawal is possible upon the start of a file download.
COMPLAINTS
1. Complaints shall be submitted via email: ask@modelup.co
2. Complaint application should include:
a) order number,
b) name of the product which the complaint refers to,
c) detailed description of the issue.
3. The complaint processing time is a maximum of 14 days from the date of receipt of the application to the e-mail address referred to in paragraph 1 above.
4. Seller reserves the right to extend the complaint handling time in case of situations requiring clarification of additional circumstances.
5. The response to the complaint will be sent to the e-mail address provided in the application.
PRIVACY POLICY
1. All definitions written in capital shall have the meaning settled above.
2. Seller is Registered User’s personal data controller.
3. Seller process Registered User’s personal data under the article 6 paragraph 1 point b of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 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 (General Data Protection Regulation) for the purpose of performing an order.
4. Submission of personal data is voluntary, however indispensable to perform an order.
5. Seller is allowed to process Registered User’s personal data for the purpose other than performing an order only with Registered User’s prior approval.
6. Seller guarantees confidentiality of any collected personal data.
7. Registered User has the right to review personal data concerning him that are processed by Seller. Registered User may request an access to personal data, request correction, removing or reducing, transferring, supplying, updating, their temporary or permanent processing if they are incomplete, out-of-date, untrue or have been collected in violation of the law or are no longer necessary to achieve the purpose they were collected for.
8. Registered User has the right to submit a complaint to the President of the Personal Data Protection Office.
9. Registered User’s personal data are stored for the period of time which is necessary to perform an order.
10. Seller use cookie files, i.e. small bits of information stored on the Registered User’s terminal equipment (e.g. PC, tablet, smartphone). Cookies can be read by Seller’s computerized system.
11. Seller also uses cookie files to collect general and anonymous statistical data via Google Analytics.
12. Seller stores cookie files on Registered User’s terminal equipment and gain an access to information provided in those files for statistical purposes and in effort to improve ModelUp.
13. Registered User can configure internet browser to prevent storing personal data. Using ModelUp in such case may be difficult.
14. Cookie files may be removed by Registered User after Seller has saved them by the use of respective functions of the internet browser, external programmes or appropriate operating system tools.
NEWSLETTER
1. Registered User may order newsletters delivery service by filling in the form on ModelUp.
2. To order newsletters delivery service Registered User has to agree for receiving commercial information on the e-mail address provided during registration on ModelUp and collection and processing of personal data for marketing purposes.
3. Registered User may unsubscribe from the newsletter at any time by clicking relevant link provided at the end of every e-mail sent.
FINAL PROVISIONS
1. These Rules and Regulations are integral part of the agreement between Buyer and Seller.
2. Rules and Regulations enter into force on the date of its publishing on ModelUp.
3. Rules and Regulations are subject to changes. Agreements concluded prior to the change to the Rules and Regulations shall be subject to the version of Rules and Regulations effective on the date of the concluded agreement.
4. Seller agrees to resolve any disputes arising from the agreement by mediation.
5. Consumer can use the ODR platform available at http://ec.europa.eu/consumers/odr. The platform may be used to resolve any disputes between Consumers and traders relating to online purchases of goods and services without going to court.