Terms and Conditions
These terms affect your legal rights and obligations.
Please read them carefully before using the online store 3DJewels.
1. These Terms and Conditions specify the general conditions and ways of provision of services electronically and selling via the Online shop 3djewels.pro. The Shop is operated by 3DJewels who conducts business activity under the business name O.Pomoshnikova, tel. +380671248118 (messages only). Address – 18/14 Soborna street, Kremenchuk, Ukraine, 39600, hereinafter referred to as the Seller.
2. The Seller may be contacted by email: [email protected]
3. These Terms and Conditions are always available at the website 3djewels.pro, which allows us to download, display and record their contents by the printing or saving them to a data carrier at any time.
4. The Seller informs that taking advantage of services provided electronically may be associated with a risk to any user of the Internet of introducing malware on a computer system or obtaining and modifying Customers’ data by unauthorized persons. Therefore the Customer should apply appropriate technical measures to minimize the above-mentioned risks, in particular by the use of antivirus and firewalls.
The terms used in these Terms and Conditions shall have the following meaning:
1. Business Days – these shall be the days from Monday to Friday, excluding public holidays.
2. Customer – a natural person with a full legal capacity, a natural person who conducts a business activity, a legal entity or an organizational unit without legal personality, vested with a legal capacity by special provisions, who places the Order in the Online Shop or uses other Services available in the Online Shop.
3. Account – a section of the Online Shop ascribed to the Customer that he can use to perform specific actions in the Online Shop.
4. Terms and Conditions – This document.
5. Goods – the product presented in the Online shop, with its description available with each of the presented products.
6. Sales Agreement – a sales agreement of Goods concluded between the Seller and the Customer.
7. Services – the services rendered electronically by the Seller for the benefit of Customers.
8. Order – declaration of the Customer’s will leading directly to the conclusion of a Sales Agreement, specifying, in particular, the kind and amount of Goods.
9. Content – any material published at the Site including but not limited to wire files, models, textures, plugins, video modifications, motion files, collections, packages, materials, scripts, shapes, tutorials, frequently asked questions, words, music, films, images, software, code and any other information.
10. Contract – an agreement between Designer and Buyer according to which the Designer promises to create the Buyer a Product for a pre-agreed fee.
11. General Terms – this General Terms and Conditions in its entirety and including all terms and(or) information, accessible via any links, provided in this document.
12. Incorporated Product – Product that cannot be extracted from an application or other product and used as a stand-alone object without the use of reverse engineering tools or techniques. For the avoidance of doubt, Incorporated Product is such use of a Product that does not allow further distribution of the Product outside of the application or product containing the Incorporated Product.
13. Member – any person who creates a user account at the Site.
a) Any Content, uploaded by 3DJewels to the Product section of the Site and thus offered by the Seller to the potential Buyers for purchase or free download;
b) Content created by the 3DJewels for the purpose of fulfilling the obligations arising from the Contract between Seller and Buyer.
15. Seller – 3DJewels, uploads Products to the Product section of the Site and offers them for sale or free download.
16. Site – www.3djewels.pro website.
19. Payment card – payment card of Visa, Visa Electron, MasterCard or Maestro, or other Card Organizations used for transaction.
20. E-Merchant – legal/natural persons who sales the goods or services.
1. The Online Shop may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements:
a) a computer or a mobile device with access to the Internet,
b) access to electronic mail,
c) a browser Internet Explorer – version 11+, Firefox – version 28.0+, Chrome – version 32+, Opera – version 12.17+, Safari – version 1.1+,
2. Using the Online Shop shall mean every activity of the Customer which familiarizes him with the Shop content.
3. The Customer shall be obliged in particular:
a) not to provide and not to transfer any content forbidden by provisions of law, e.g. the content which is defamatory, promotes violence or infringes personal rights and other rights of third parties,
b) to use the Online Shop in the manner not interfering with its functioning, in particular by using specific software or devices,
c) not to perform any actions such as: sending unsolicited commercial information (spam) or placing it within the Online Shop,
d) to use the Online Shop so as not to disturb other Customers and the Seller,
e) to use all the content within the Online Shop solely for one’s own personal purposes,
f) to use the Online Shop in accordance with the provisions of law applicable at the area of the Ukraine, with the Terms and Conditions, and also with the general rules governing the use of the Internet.
1. The Services are made available by the Seller in the Online Shop free of charge and are rendered by the Seller 24 hours a day, 7 days a week.
2. The Service which involves maintenance of an Account in the Online Shop shall be available upon registration. To register it is required to fill out and accept the registration form available on one of the Online Shop websites. The agreement for the provision of service which involves maintenance of an Account in the Online Shop shall be concluded for an indefinite period and shall be terminated when the Customer submits a request ([email protected]) to remove the account.
3. The Customer may receive the Seller’s commercial information in the form of messages sent to the Customer’s electronic mail address (the Newsletter service). To receive such information, the Customer must provide a valid electronic mail address or activate an appropriate field in the registration form or the Order form. The Customer may, at any time, withdraw his consent to receive commercial information. The Agreement for the provision of the Newsletter service shall be concluded an indefinite period and shall be terminated when the Customer submits a request to remove his electronic mail address from the Newsletter subscription list or when he unsubscribes by the link included in the message sent as part of the Newsletter service.
4. The Customer may use the contact form to send a message to the Seller. The agreement for the provision of service which involves the availability of an interactive form allowing Customers to contact the Seller shall be concluded for a definite period and shall be terminated when the Seller provides the response.
5. The Seller shall have the right to organize occasional competitions and promotions, the terms of which shall always be presented on the Shop websites. The Online Shop promotions may not be combined unless the Terms and Conditions for the given promotion provide otherwise.
6. If the Customer breaches these Terms and Conditions, the Seller – after a prior ineffective cease and desist letter setting an appropriate deadline – may terminate the agreement for the provision of Services upon a 7 days’ notice.
1. Information about the Goods as provided on the Shop websites, in particular, their descriptions, technical and functional parameters, as well as prices, constitute an invitation to the conclusion of an agreement.
2. All the Goods available in the Online Shop are free of physical and legal defects.
3. The Seller has the right to introduce free of charge modifications and modernization of the Goods in order to enhance their visual and functional qualities. Updated or modernized Goods are available after their update for download in the Client’s Account
4. To place an Order, an active electronic mail account is required.
5. If the Order is placed via the Order form available on the Online Shop website, the Customer places the Order with the Seller electronically, which constitutes an offer to conclude an Agreement for the Sales of the Goods being the subject of the Order. The offer made electronically shall be binding for the Customer if the Seller sends – to the electronic mail address provided by the Customer – a confirmation of acceptance of the Order for processing, in the form of the Seller’s declaration of acceptance of the Customer’s offer; upon its receipt by the Customer the Sales Agreement shall be concluded.
6. The sales Agreement shall be concluded in English and its provisions shall correspond to the Terms and Conditions.
1. After the payment of the Order, within the time limit specified in the description of the Goods, the Customer receives, to the e-mail address provided during the ordering process, a link to the packaging in the format of “zip”. Goods ordered by a registered Customer will also be available for download after logging into the Account.
2. On the Shop websites, in the description of the Goods, the Seller informs the Customer about the number of Business Days needed to process the Order and to deliver it, as well as about the delivery charges.
3. The deadline for delivery and processing of the Order shall be calculated per Business Days.
4. The Seller shall, as requested by the Customer, deliver a receipt or a VAT invoice together with the Goods for the Goods delivered.
5. If the ordered Goods have different delivery deadlines, the longest deadline shall apply to the whole Order.
1. The prices for the Goods are provided in US Dollars. Online payment is done with the Payment card (debit, credit).
2. The Customer shall pay the Order via bank transfer to the Seller’s bank account (in this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer, and the Goods shall be dispatched immediately after the funds are credited on the Seller’s bank account and after the Order is completed).
3. On the Shop websites, in the description of the Goods, the Seller informs the Customer about the time when he must make the payment for the Order. If the Customer fails to make the payment within the time specified in the previous sentence, the Seller – after a prior ineffective cease and desist letter setting an appropriate deadline – may withdraw from the Sales Agreement.
4. Our order process is conducted by our online reseller WayForPay Secure Electronic Payments system. WayForPay Secure Electronic Payments system is the Merchant of Record for all our orders. WayForPay Secure Electronic Payments system provides all customer service inquiries and handles returns.
5. By accepting these Terms and Conditions Customer confirms that he/she acts as taxable person for the purpose of VAT and agrees that self-billing invoice for the purchased products shall be issued by 3DJewels under the terms and conditions of applicable laws. The parties remain to be solely responsible for determining whether it is required by applicable law to issue any other formal document and pay any other taxes that might apply to them. 3DJewels takes no responsibility for determining the necessity of or for issuing any other formal document (except self-billing invoice) or for determining, remitting, or withholding any taxes applicable to paid fees, except for the VAT and other taxes (withholding tax on royalties) that 3DJewels is obliged to pay in accordance with applicable Law.
1. Any disputes arising between the Seller and the Customer who is a Consumer shall be settled by competent courts in accordance with applicable provisions of the Code of Civil Procedure.
2. The Customer may not use the Product, downloaded from this site in a manner that infringes the intellectual property of any other party. The Customer may not reverse engineer any Product and must abide by the terms of the license granted to the Customer under this General Terms, as well as any additional Seller terms included with the Product.
3. Following the payment of any applicable license fee for any Product, the Customer may download the Product from the Site and use it in accordance with the applicable license terms. The Customer must ensure that any use of the Product is compliant with all applicable laws and regulations and does not infringe upon the rights of third parties, including any intellectual property rights.
4. Prior to concluding the contract, the Customer shall give express content of waiving his or her 14-day right of withdrawal regarding the digital content (the Product).
1. Seller retains ownership of the copyrights and all other rights in the Product, uploaded to the Site, subject to the non-exclusive rights granted to the 3DJewels and the Buyer. Seller is free to grant similar rights to others during and after the term of this General Terms.
2. Seller represents and warrants that:
– Seller has full right and power to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement;
– the Product does not and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights;
– the Product does not and will not violate any law, statute, ordinance or regulation;
– the Product is not and will not be defamatory, libelous, pornographic, obscene or evocative of racial hatred of any kind;
– the Product does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data;
– the Product does not contain any material that, as a condition of use, requires additional license restrictions such as requiring the publication of source code or Product that limits commercial exploitation of Incorporated Product;
3. The Seller provides partners the same license rights as to 3DJewels in order for his or her Products to be sold on partner’s website.