General Terms and Conditions of Renderpeople GmbH
1. Scope of application of the general terms and conditions
1.1 These general terms and conditions (GTC) apply to all purchase orders of entrepreneurs and consumers (hereinafter referred to as the customers) at the online shop Renderpeople (https://renderpeople.com) of Renderpeople GmbH (hereinafter referred to as renderpeople).
1.2 The 3D models offered at the renderpeople online shop are digital 3D data. A computer program which is interoperable with the 3D data format acquired by the customer is required for processing of the 3D data.
1.3 Amendments and supplements to these GTC are solely made by the managing director or authorized signatory of renderpeople (management) registered in the commercial register as being authorized to represent. Verbal arrangements and declarations of other persons who have not been authorized by the management in this respect, are only effective if they are confirmed in writing by the management.
2. Services of renderpeople
Customers can buy the following products from renderpeople: Digital data for the agreed purpose of use by providing an electronic link to download the data from the Internet. We are not obliged to deliver any other format of the 3D data than the format selected by the customer in the order.
3. Quotation and contract conclusion
3.1 Amendments Quotations of renderpeople are non-binding and subject to change. A contract is concluded with renderpeople as follows:
The customer selects the file format and adds the requested product to the virtual cart of the renderpeople online shop by clicking the "ADD TO CART" button. As soon as all the products the customer requires are in the cart, the customer clicks the "PROCEED TO CHECKOUT” or “CHECKOUT” button. After filling in the form the customer selects the payment method. Up to this step, the process is non-binding and does not constitute an offer to buy. No binding offer to buy is submitted until the customer ticks the box “I’ve read and accept the terms & conditions” and clicks the "Place order" or “Proceed to PayPal” button. When the order process is completed, the customer will receive an email containing the contract data and the order confirmation. A purchase contract is concluded with this email.
3.2 The customer can store or print the content of the order at any time by clicking the appropriate button. After the customer has left the order platform, the order can only be called up in the online shop if the customer registered with a user account and by selecting the function "My account".
3.3 Drawings, illustrations, dimensions, weights or other performance data are only binding if this was expressly agreed.
3.4 The customer assures that all information provided during ordering or registration is truthful (for example the name, email address, bank details etc.). Renderpeople must be notified of any changes immediately.
4. Rights of 3D data bought at renderpeople
4.1 Rights of use of the 3D data:
4.1.1 renderpeople grants the customer a non-exclusive right of use to the contractual 3D data. renderpeople grants the customer the following rights: s/he may use the data for the following purposes: Rendering still images and animations for commercial or private purposes, such as video production, broadcasting, print, movies, advertising, illustrations and presentations.
4.1.2 The customer is entitled to store the downloaded 3D data within his/her company on an unlimited number of workplaces.
4.2 License Resale / Unit sale
A customized license agreement is required for the use of the 3D data for resale not included in the conditions mentioned in 4.1 and/or for the distribution on a download platform. The customer must not make the 3D data available to third parties in such a way that the 3D data can be downloaded, extracted, distributed or accessed by third parties as single files.
4.3 Legal reservation
3D data must neither be used for illegal purposes nor in a manner that violates statutory provisions or thirdparty property rights. The following restrictions apply to the use of renderpeople products: No content may be sublicensed, resold or be redistributed; neither in their original form, in parts, modified, or a form created solely to facilitate redistribution. The customer may not transfer renderpeople products to anyone not working for him/her. Pornographic, defamatory or libelous use or use that is otherwise unlawful is prohibited. Also, no content created with renderpeople products which is similar to or competes with renderpeople products is to be distributed or sold.
The prices in the online shop of renderpeople do not include statutory sales tax. If applicable, sales taxes are added during the checkout process.
Digital data is delivered by email, containing an electronic link to download the data from the Internet.
6.2 False Delivery/Broken links:
In case of the delivery of wrong files or broken links renderpeople will replace the order and send new functional download links for the originally ordered files.
7. Terms of payment
Invoices of renderpeople are due for payment immediately without deductions. Payments can be made in advance via PayPal, credit/debit card and SOFORT. renderpeople reserves the right to perform delivery only against cash on delivery. If, after the conclusion of the contract, renderpeople becomes aware of the fact that the customer might not be able to pay the purchase price, renderpeople is entitled to demand advance payment or to rescind the contract if renderpeople first granted a grace period for the payment of the purchase price without a result. However, the customer has the right to avoid these consequences by providing security.
8. Retention of title
8.1 renderpeople reserves the right to revoke all the customer's rights of use to the data as appropriate until payment has been received in full.
8.2 In the event of conduct in violation of the contract by the customer, in particular in case of delay in payment, renderpeople is entitled - after having set an appropriate period - to demand the customer to refrain from using the contractual data. When renderpeople demands the data not to be used, it is always accompanied by renderpeople rescinding the respective contract.
8.3 In the event of pledges or other interventions by third parties in the aforementioned legal positions of
renderpeople, the customer must immediately notify renderpeople in writing so that renderpeople can decide whether to take action against the pledge or not. If the third party is not able to reimburse renderpeople for costs of such action, the customer is liable for the loss incurred by renderpeople.
9. Managing defects of title and alleged violations of third-party property rights
9.1 renderpeople undertakes to indemnify the customer against any claims due to any violations of third-party property rights based on the contractual use of 3D data the customer has bought from renderpeople. The indemnification requires that renderpeople is provided with all the information the customer received from the third party with regard to the alleged violation of property rights immediately and without being asked. The customer is not authorized to make any legally binding statements towards the third party without the prior written consent of renderpeople.
9.2 The customer is obliged to indemnify renderpeople against all claims, expenses and costs and to reimburse renderpeople for the damage based on the non-contractual use of the 3D data by the customer, in particular if third-party rights are violated due to the alteration of the 3D data or due to the type of use intended and exercised by the customer.
9.3 In addition, renderpeople will do their utmost to create the conditions required for a contractual use of the 3D data to the exclusion of a violation of property rights in question. In this respect, renderpeople can - at their option - try to either be granted the contested right of use to the item disputed by the third party or to edit or replace the 3D data so that the contested property right is not affected and the purpose of use of the 3D data is not changed substantially or only in an extent reasonable for the customer. If, thereafter, the violation of the third-party property right cannot be avoided with reasonable economic effort, renderpeople is entitled to rescind the contract with the customer. Claims for damages of the customer remain unaffected hereof.
10. Data protection
Renderpeople collects and processes the customer's personal data only to the extent necessary to execute the order. This partly requires the support of carefully selected third party companies which process the aforementioned data on behalf of renderpeople and in accordance with renderpeople's strict specifications.