Hi, we’re 3DPUNKS, and welcome to our marketplace for digital 3D modeling services. This agreement explains the rules that apply to buying services using 3DPUNKS platform (‘user terms’).
When we refer to the ‘site’ we’re talking about the platform at 3dpunkscom. When we say ‘we’, ‘us’ or ‘3DPUNKS’ it’s because that’s who we are and we own and run the site.
Our user terms apply to any use of the site whether or not you’re a member of the site. The user terms are between you and 3DPUNKS. You’re making a legal commitment to us to stick to our user terms when you visit our site so please read and understand them. If you don’t accept them then you will need to leave the site because any use, other than in agreement with these user terms, is unauthorised.
Anyone can browse the site but if you want to buy services, or use other site features, you need to become a member. Membership is free. We call a member who buys services a ‘buyer’. When we refer to ‘you’ in these user terms we mean members of the site.
Buyers are responsible for choosing the right services to meet their needs and making sure that all aspects of the services, including their scope, the number of revisions available and turnaround time meet their needs. Buyers need to give a full brief for each job. It is the buyer’s responsibility to make sure that the brief is comprehensive and clear.
All prices are stated and charged in Euro (€). You are responsible for any costs associated with currency conversion or bank charges.
Buyers pay for services using one of the methods offered on the site (‘payment method’). We will give you a job ID and issue a receipt for payment. We will hold the payment until the job has been closed.
Each of the following things need to happen to ‘close’ the job. we confirm that the services have been provided and submit content to the buyer for approval; the buyer approves the outcome of the job; we complete the job by providing ‘materials’ to the buyer (‘job completion’); seven days pass from job completion without a dispute being raised; and if a dispute has been raised, the dispute resolution process is finalized.
The prices for services include all indirect taxes (like GST, VAT and sales taxes).
We pay designers a fixed percentage of the price as a ‘working fee’. We use revenue earned from the site to operate and maintain the site and the platform facilities it provides to users.
We offer a dispute resolution process for members. This is a benefit of membership. You agree to use the dispute resolution process to resolve any disputes. You can raise a dispute at any time up to seven days after job completion. We will investigate each dispute, make any decision and take any action to implement our decision (such as making payments or part-payments and releasing content) at our sole discretion.
Buyers use the seven day period after job completion to make sure that they receive all the final deliverables, that is, all content promised. It is the buyer’s responsibility to make sure that they have received materials before the job is closed as a dispute cannot be raised after that time.
If a dispute is raised by either of you at any time before the job is closed we will continue to hold the payment until the dispute resolution process has come to an end. We will then close payment depending on the outcome of the dispute.
You can only use the dispute resolution process for services provided and communications made solely via the site. A dispute you raise may be ineligible for the dispute resolution process if it involves services provided, or communications made, outside the site. If you do not provide us with information or answers to our questions, or otherwise participate properly in the dispute resolution process, we have the right to resolve the dispute in favour of the other member.
When a dispute is resolved in the buyer’s favour the repayment will be made via the original payment method.
You release us from any liability relating to a dispute and the outcome of any dispute resolution process.
The expected delivery time is indicated on the product detail page.
When you’re using the site you make some promises to us, as well as to the other members that you deal with. You promise that you:
We own all the content that we have put on our site (unless otherwise stated). This includes the design, compilation and look and feel of the site, all copyright, trademarks, designs and other intellectual property on the site. We claim ownership of all the trademarks, logos, service marks and trade names that we display on the site (unless otherwise stated).
You will not copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property in any way not expressly stated in these user terms (or otherwise allowed at law).
You promise that you own, or have the appropriate rights to use, everything that you submit on or via the site. This includes everything that you post on the site and send to, or make available to, to us including all files, assets, communications and materials (‘your content’). You promise that the use of your content on or via our site won’t infringe anyone else’s rights and that no further permissions from others are required regarding your content.
You give us a license to publish, copy, and communicate your content on or via the site, for the purposes of operating the site and providing the platform facilities to you. Your content will only be made publicly available if you post it on public parts of the site. Communications and other content sent between buyers and us are not viewable by other users.
We will retain rights in our pre-existing materials provided to buyers, but grant buyers a broad license to these materials. We will assign to buyers all materials created specifically under the agreed brief.
You agree that you will not:
The site will usually be available 24 hours a day, seven days a week. Sometimes we’ll need to interrupt or suspend your access to the site or the provision of the site’s platform facilities for maintenance, technical or other reasons. We’ll always try to give you notice if possible and try to keep such interruptions to a minimum.
You should carefully assess whether the site is suitable for your needs. Everything on the site provided by us is given on an ‘as is’ basis and without warranties, either express or implied. We do not promise that the content or your access to the site will be uninterrupted or error-free, that any defects will be corrected, or that the site or content are free of viruses or any other harmful components. We make no promises regarding your access to the site, or the results of your access, in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise. We are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability.
In some jurisdictions there may be consumer or fair trading laws that apply and that may give you rights that we cannot exclude, restrict or modify (‘non-excludable law’). We do not exclude or modify any non-excludable law. Except as provided in a non-excludable law, we are bound only by the express promises made in these user terms and we are not bound by implied terms.
Except as provided in a non-excludable law, we are not liable for indirect, incidental, special or consequential damages, loss or revenue or loss of profits which result or arise from your using or accessing the site, or any inability to use or access the site. To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited to supplying our site’s services again.
If a buyer wants a refund on a job that has been started but is not yet closed, the buyer needs to raise a dispute so that we can assess the claim though our dispute resolution process. Once a job is closed, payment will not be refunded except as required under non-excludable law. To request a refund on a closed job a buyer can make a claim to email@example.com. We will assess claims on their merits, with regard to the digital nature of the materials and services.
There is no obligation to provide a refund for reasons which include if the buyer:
Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (iPunks AG, Balanstrasse 73, 81541 München, Tel.: +49-89-856348824, Fax: +49-89-856348829, Email: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. 31
Effects of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract. 32
Model withdrawal form (complete and return this form only if you wish to withdraw from the contract) - To iPunks AG Balanstrasse 73 81541 München Fax: +49-89-856348829 Email: email@example.com - I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), - Ordered on (*)/received on (*), - Name of consumer(s), - Address of consumer(s), - Signature of consumer(s) (only if this form is notified on paper), - Date ___________ (*) Delete as appropriate.
Although we can change any of our terms at any time we will take reasonable steps to let you know when we do so.
We can look at or remove any of your content for any reason in our discretion. Reasons might include quality assurance, dispute resolution, if we get sent a DMCA notice, if we think that the use of your content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the site might result in liability to us or any member. We may investigate any job, allocate monies in certain circumstances and may freeze funds (for reasons such as our investigation of potential fraud) in our sole discretion.
We can suspend or terminate your membership at any time for any reason, including if you breach the user terms or service provider additional terms.
You acknowledge that the dispute resolution process is not a legal process and that we do not, and cannot, provide legal advice. Agreeing to use the dispute resolution process does not take away your own rights and you can take your own legal advice at any time.
Although we can’t force you to accept the decisions we make, and you retain all your legal rights, we reserve the right to suspend or cancel membership of members that do not use this process fairly in our view.
We want you to take advantage of the dispute resolution process and recommend that you use it before trying other ways to resolve issues using others. If a buyer issues a charge back through a payment provider, we can’t start the dispute resolution process, or make a payment to either buyer or service provider, until that charge back process has been finalized
We control and operate 3DPUNKS from our offices in Germany. The laws of Germany govern these user terms, and you submit to the jurisdiction of the courts there. Any notice you provide to us must be emailed to us (firstname.lastname@example.org).
These user terms will apply at all times that you access the site; they will end when you are no longer a member of the site and no longer access the site.
We do not provide any legal advice on this site. Please consider for yourself the suitability of these user terms.