Terms of service
Last updated: March 23rd, 2023
These General Terms and Conditions are subject to any other terms and conditions that the buyer is provided with/or during registration or that relate to specific Item provided in its description and/or accompanied documentation. Where law requires End User License Agreement these General Terms and Conditions, as described, will present that Agreement. Per Item, the General Terms and Conditions will always apply in whole as described whereas detail specifications regarding Item always take precedent over General Terms and conditions if contradictory.
“Seller” refers to Garsius, s.r.o., Elektrárenská 1, 831 04 Bratislava, Slovakia, that is the owner of the domain with Items listed for purchase. Seller manages the sales, directly or on third party’s behalf and is the owner or has the right to sell listed Items within the limits and restrictions stated. Sale refers also to granting of rights (licence) within the General Terms and Conditions; as applicable. Seller provides Item as a file, being a result of scanning, not the rights to the original model as such.
“Item” refers to a digital product in the form of file, 3D digital scan, 3D digital models, and tutorials of an object that is listed on the website store.vr4d.com and that is subject to usage restrictions as described in these General Terms and Condition and specific usage condition stated in the Items description.
“Buyer” refers to any subject that purchases Item(s) via the store.vr4d.com website for the purpose of commercial usage in accordance with these General Terms and Condition and specific usage condition stated in the Items description. The Buyer is not obliged to use the purchased Item(s), nonetheless the commercial intent is always implied and all relations will be treated as the commercial relations in accordance with the Commercial Code of the applicable law. Buyer is the purchasing entity, whether that is a natural person who must be at least 18 years of age, or a corporate entity; with no future royalties or payments that required after initial payment for usage in accordance with these General Terms and Conditions.
Delivery
Purchased Item is considered delivered by providing generated downloadable link to the Buyer.
Link for Item download is populated without delay on website as well sent to the Buyer’s email stated in Buyer’s user account.
If Buyer does not receive the digital product link upon Item(s) purchasing, contacts immediately via email info@vr4dstore.com with transaction/payment details, to ensure your product is delivered as soon as possible.
Payments
All financial transactions on the Seller's website for purchase of intangible products are processed using GoPay, a secure online payment gateway that encrypts your card details in a secure host environment.
Refund policy
Since Buyer’s purchased Item is a digital product, it is deemed “used” after download, and therefore all purchased Items on store.vr4d.com are non-refundable and non-exchangeable. Since the Items made available here are intangible, there is a strict no refund policy.
By purchasing an Item, the Buyer gives his express consent to the beginning of the performance before the end of the 14-day cooling off period. The Buyer acknowledges, that by giving his consent he loses his right of withdrawal. For more details visit EU Directive on consumer rights.
Conditions of Use of purchased Item
The purchased Items are sold as they with provided description and restrictions without time limitations of usage except if specified otherwise. The rights granted are non-exclusive, worldwide right and license to copy, distribute, reproduce, adapt, publicly display, publicly perform, digitally perform, transmit, broadcast, telecast, advertise, create derivative works, and market in accordance with other terms and conditions stated here or in description of the listed Item.
The Items(s) purchased are intended for further adaptation and modifications to be used as a part of other works primarily for commercial, corporate, education, academic, editorial or scientific usage; such as games, videos, cinematography, digital media, 3D visualisations, closed MMO and advertising.
Number of usages is three per Item if not indicated otherwise. This limitation concerns only adaptation of the purchased Item. Adapted Item as a part of a new work, regardless who and manner it is used, including third and subsequent parties, is not limited.
3D printing is allowed only if explicitly stated in the Item's description, including the number of copies as indicated per specific Item. If the number or type of copies is not indicated, but the Items is marked as available for 3D printing, the general rule of five copies for personal usage will apply.
If the product of the buyer includes actual 3D product files, the Item(s) purchased must be part of a larger creation and not in an open format that third party can download.
Works of Art
To works of art Items listed; a special license requirement shall apply in accordance with provided description. This includes also limitation on how many times Item (3D Scan of original work) can be resold, based on the agreement with the artist.
Restrictions of Use
No raw, unmodified, isolated usage of purchased Item is allowed; especially reselling Items as such without changes or resale of any kind, including modified single models (Items), nor resale as a design template, After Effects template, stock photography, video or clip art for distribution or licensing through any online stock media clearinghouse.
It is Not allowed:
(a) to use purchased Items for purpose of machine learning or any other activity related to artificial intelligence,
(b) to resale or make available in any form Items purchased, or based upon Items purchased, products in an open virtual world-type MMO, like Second Life. This does not exclude closed MMO,
(c) to use purchased Items in propaganda material or advancing ideologies or groups that promote discrimination and/or hatred based on sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation,
(d) use purchased Items for socially accepted nudity, complete nudity, erotica, sex, pornography
(e) to access or use the purchased Items for any purpose that is illegal.
Other ways of usage, such as adaptation of models (Items) for specific needs in games, advertising etc., are allowed unless specified otherwise in the Items description.
Buyer may use the Items only in accordance with these Terms and Conditions.
Customized Items
Seller may provide to a Buyer a 3D-scan based upon specific request of the Buyer. In such a case Buyer should contact Seller directly on info@vr4dstore.com.
User accounts
In order to complete the purchase and/or to create an account the registration process must completed by providing complete and accurate information as stated in the applicable forms. The user/Buyer is also required to choose a password. The user is entirely responsible for maintaining the confidentiality of the password and account. Furthermore, they are entirely responsible for any and all activities that occur under said account. The user hereby agrees to notify Seller immediately of any unauthorized use of their account or any other breach of security. Seller will not be liable for someone else using the password or account.
Website Usage, Liability, Limitation of liability and Dispute Resolution
Website Privacy and Dispute resolution General Terms and Conditions apply to anyone who uses the website, even without their explicit consent, by action of usage, where applicable law permits this obligation arises by the tacit action of the user. For all other actions, explicit consent to Seller’s General Terms and Conditions is required. Failing to give this consent enables the Seller to refuse access to parts of the website or its functionality, including but not exclusive the registration and finalising the purchase. Explicit consent is given by checking the relevant boxes or/and clicking on the relevant buttons expressing consent of the General Terms and Conditions.
In no event shall the Seller be liable for any direct or indirect, consequential, punitive, special or incidental damages (including, without limitation, damages for loss of business, contract, revenue, data, information or business interruption) resulting from, a raising out of or in connection with the use of, or inability to use this website or its content. This does not affect the right of the Buyer for a functioning purchased Item that is in accordance with its description.
Buyer is liable for usage of the purchased Item in accordance with these General Terms and Conditions, specific requirements related to the Item and applicable law. Any Legal dispute shall be settled primarily by agreement in good faith; mainly by negotiation or alternative dispute resolution. Any unresolved disputes in this manner, shall be brought before the Arbitration court. If an Arbitration in a given case would not be possible the jurisdiction shall be given to the Courts of Slovak Republic. The applicable law is the law of the Slovak Republic, principally the Act no. 513/1991 Commercial Code of the Slovak Republic.
User can not be held responsible for usage of purchased Items by the Buyer neither by him nor by a third party, except the general guarantee to the buyer to provide non faulty product as described. Some Items might require third party rights clearance (licence, consent) for certain forms of usage. Seller does not grant these rights, the Buyer is solely responsible their clearance unless specified otherwise. Seller provides only file as a result of scanning, not rights to the original model.
Any usage that is not in accordance with these General Terms and Conditions, specific requirements regarding Item or law must cease without due delay. Inability to use purchased Item due to the negligence or intended usage in breach of these General Terms and Conditions does not entitle Buyer for refund. All purchases are final.
Changes
Seller reserves the right, at its sole discretion, to change, modify, add or remove any portion of these General Terms and Condition in whole or in part, at any time. Changes shall be effective when posted on the Seller's website. Seller may terminate, change, correct any errors or omissions in any portion, make any other changes relating to the materials and products, programs, services or prices (if any) posted on the Seller's website or contained in the General Terms and Conditions, suspend or discontinue any aspect, including the availability of any features or products of or on the Site, at any time without notice.
Seller furthermore reserves the right to reject sales, delete accounts or refuse registration of any subject, should they damage the good name of the Seller and its affiliates or act in violation with these General Terms and Conditions.
Last updated: March 23rd, 2023