GENERAL CONDITIONS OF USE AND SALE
Last updated: 17th February 2022
Are designated as follows:
CREATOR: all people who have uploaded 3D files on the site, in free mode or charge mode.
MEMBER: all persons who have registered on the site HobbiWerks and created an account. When creating an account, the member must not use any false identity or identity belonging to a third party.
BUYER: everyone who downloaded a 3D file on the site, whether free or paid.
VISITOR: any person who is coming on the website without being registered.
All these four types are referred to as “USER”.
CREATION: all 3D files available on the website.
PARTNER: all the companies with which HobbiWerks has established a partner relationship, contractualised or not.
These terms and conditions govern the rights and obligations of SAS HobbiWerks for merchant website hereinafter HobbiWerks and secondly, any natural or legal person wishing to make a purchase distance through the website of HobbiWerks “HobbiWerks.com.”
They also govern all interactions associated with the use of HobbiWerks.
The parties agree that all the internet orders made on HobbiWerks are governed exclusively by these terms and conditions.
HobbiWerks reserves the right to modify these terms and conditions at any time.
Conditions will be those applicable on the date of the order by the BUYER.
These general conditions shall prevail over any other general or special conditions not specifically approved by HobbiWerks.
ARTICLE – I: CHARACTERISTICS OF GOODS AND SERVICES OFFERED.
HobbiWerks offers a catalog of 3D files for 3D printing, via the site HobbiWerks.com.
HobbiWerks is a “marketplace”.
HobbiWerks offers a service to share and sell 3D creations at a defined price.
Through the platform, buyers can download one or several creations, with the pricing conditions set by the creator.
The visitor is informed that the contents and services of the site are financed by revenues related to advertising on these spaces. It acknowledges that in return for its right to use the content and services in free and open access, it accepts the display of advertising on the site.
ARTICLE – II: PRICING.
A) PRICING POLICY:
Prices can be displayed in several currencies (depending on current exchange rates): US Dollar (USD), Euro (EUR), British Pound (GBP), Japanese Yen (JPY), Chinese Yuan (RMB), Argentine Peso (ARS), Mexican Peso (MXN), Canadian Dollar (CAD), Brazilian Real (BRL), Russian Ruble (RUB), Australian Dollar (AUD), South Korean Won (KRW) and Indian Rupee (INR).
However, orders are charged in Dollars (USD) which may incur additional conversion fees charged by the banking institutions.
ARTICLE – III: REGISTRATION AND CONTROL.
Visitors wishing to download a creation available on the site catalog HobbiWerks.com, must necessarily register and become a member, and therefore:
Complete form of identification which show all the information requested and honor certified the veracity of thereof;
Be of legal age.
Then when making a purchase they will:
Complete the “order form” online.
Make payment under the conditions (see Article V).
Confirm the order and payment.
The confirmation of the order implies acceptance of these terms and conditions, in recognition of having perfect knowledge and the waiver of its own conditions of purchase or other conditions.
HobbiWerks undertakes not to disclose any personal information of its members except as provided in Article X, except in the case or they disregard the copyright, trademark, patent rights, or any intellectual property of a third party.
Also, in cases where they would have their liability sought in the context of a judicial action having a link with creation purchased or downloaded from HobbiWerks.com website, HobbiWerks should communicate all relevant information to the competent authorities.
These terms and conditions are accepted for registration and will not be subject to recall in future purchases, any change will simply be notified to members as stated in the preamble to these conditions.
ARTICLE – IV: VALIDATION OF THE ORDER.
A confirmation email summarizing the order will be sent to the BUYER by HobbiWerks.
The sales contract will be concluded when HobbiWerks confirms it, after having had the opportunity to check the details of the order and the total price and to correct any errors.
HobbiWerks reserves the right to reject the order and refund the buyer.
Reimbursement will be made by means of a payment within 30 days.
The data recorded and stored by HobbiWerks constitute proof of all transactions between buyers and HobbiWerks transactions.
ARTICLE V – PAYMENT
The payment is made online either via the secure payment modules PayPal for payment by “PayPal account” or via the PayPal credit card form; or via the secure payment module by credit card and other payment solutions Stripe.
The credit card number and expiration date are encrypted and transmitted to the partner companies PayPal or Stripe according to the choice of the customer to carry out the payment of its order.
All payments are made securely using the SSL (Secure Socket Layer) encryption process and are not accessible to HobbiWerks or any third party.
In particular, HobbiWerks does not act as a technical intermediary for the transmission of payment data. This information will not be used again.
The amount of the order is debited from the customer’s account when the order is confirmed by HobbiWerks.
The data recorded and stored by HobbiWerks constitutes proof of the order and of all the transactions made.
The data recorded by the payment systems constitute proof of the financial transactions
The buyers and designers agree that no financial transaction concerning the creations catalogued on the HobbiWerks.com website will be made between these two parties without going through HobbiWerks.
Both parties agree to provide accurate and valid credit card information to HobbiWerks.
HobbiWerks is not responsible for any transaction failures related to the online payment services used. The user will have to contact these payment services or their bank if necessary.
ARTICLE – VI: RIGHT OF WITHDRAWAL.
As this is digital content provided on an intangible medium and in accordance with Article L221-28 of the French Consumer Code applicable in this case to the creations offered on the platform by HobbiWerks, members do not have a right of withdrawal.
ARTICLE – VII: WARRANTY / LIABILITY
HobbiWerks will make its best efforts to ensure that the 3D images in the catalog published on the HobbiWerks.com site are as accurate as possible in the creation itself when printed by you.
However, having regard to the mode of presentation of digital creations on the Internet, it is possible that the perception by the purchaser of the photographic representation of the creations do not correspond exactly to the creation itself.
Differences may result from color photographs, difficulty to appear on the screen rendering or materials, without being exhaustive, technical adaptation.
These differences cannot be interpreted as lack of conformity and cannot avoid the sale.
HobbiWerks also cannot be liable in cases where the differences would relate to an essential feature of the creation and affect its quality.
The illustrations in the catalog on the HobbiWerks.com site are not contractual.
The BUYER accesses, uses, and browses the site HobbiWerks as its own risk.
HobbiWerks has just, for all stages of access to the site, the ordering process, or subsequent services, an obligation of means.
Responsibility HobbiWerks not be held liable for any inconvenience or damage arising from the use of the Internet, including interruption of service, external intrusion, computer viruses, or any event of force majeure, in accordance with jurisprudence.
BUYER acknowledges and agrees that, to the extent permitted by applicable law, HobbiWerks can not be held liable for any damage direct, indirect, incidental to, or repair of non-pecuniary, costs, losses, decrease in turnover or profits, or liabilities of any nature whatsoever (although the realization of such injury was known or could be provided by HobbiWerks ), may arise from the use of designs or site or from an inability to use the website or its contents.
HobbiWerks responsibility may not exceed the total amount paid by the buyer in satisfaction of the order in question.
The creator transmits images to a file and undertakes not to transmit files that contain viruses or programs that destroy data.
The designer must keep a copy of the file and in any case HobbiWerks can not be held responsible for the loss or destruction transmitted by creative files.
The creators make available (free or not) creation and undertake quality 3D file, they will guarantee the quality and printability of their creation.
HobbiWerks does not guarantee the 3D printability of all creations on the site.
In uploading its creation, the creator is committed to ensure that its creation is printable using the 3D printing process.
For all dysfunction, buyers can contact the designer. This one must be able to assist and guide the buyer.
If the buyer after downloading the creation realizes it is not printable, no refund can be made from HobbiWerks.
HobbiWerks does not guarantee the quality of the creations made available on its website.
HobbiWerks is in no way responsible for the content published and uploaded by all its users.
HobbiWerks does not guarantee the access durability to the orders and files already downloaded by the users, as the CREATORS can delete their creations from the platform at any time.
HobbiWerks is in no way responsible for links to external content reference to our site.
Except contraindication, all creations published on HobbiWerks are exclusively reserved for private and personal use. It means not selling the model or any derivative of the model for economic or financial gain. For Example, you cannot sell the digital model, a derivative or adaptation of that model, nor can you sell prints of the model or make trade of it.
In a prosecution, HobbiWerks undertakes to communicate to the competent authorities all data for all users HobbiWerks.
In a prosecution, the offender will support any refunds or penalties arising from the procedure.
Creations published on HobbiWerks must represent 3D objects that are not contrary to public order or good morals.
In particular, but not limited to, the creation of firearms, objects with racist characters or incite racial hatred, discriminatory or hateful towards a group of people based on their religion, sexual orientation, political affiliation, union membership or representative violence without being a work of art, as well as any badge, brand, character whose intellectual property rights are not clearly belong to the creator will be refused by HobbiWerks.
If a creation seems fraudulent, all users will notify us by clicking the “Flag” button on the product page.
In the event that you are fined for a product that you have printed from a model downloaded from our platform, we recommend that you contact the customs office. If you have any doubts about the legality of the item you wish to 3D print and therefore import into your country, we also recommend that you contact the customs office.
HobbiWerks reserves the right to delete a member’s account, not to pay out a designer’s sales money, to delete or modify a designer’s creations and/or to block a member’s account, if one of the following cases of use occurs:
a creator offers for sale one or more creations, created by another creator
a creator offers for sale a creation available for free on HobbiWerks or on any other website
a creator offers for sale creations that are not 3D printable
a buyer who use HobbiWerks to send money to himself, a relative or an acquaintance via a creator profile
a buyer whose fraudulent transactions have been reported by banking institutions
a buyer whose fraudulent transactions have been reimbursed by the banking institutions
a member who has written insulting and violent remarks against another member or against a member of the HobbiWerks team
HobbiWerks only judge the adequacy of creation with these provisions and reserve the right to refuse offenders creations or orders as specified above.
Members who think its establishment or purchase was refused although respecting this article is invited to contact HobbiWerks to present his case.
ARTICLE – VIII: INTELLECTUAL PROPERTY
Pictures, drawings, designs, texts, names and logos appearing on the website HobbiWerks.com are the property of their authors and as such are protected by intellectual property rights and exploitation rights which HobbiWerks and/or creators related to HobbiWerks by a specific contract hold (see Special Conditions).
Any member who communicates HobbiWerks a creation of the mind ensures they are the author or they are the owner of all intellectual property rights on it and it does not infringe the rights of intellectual property of others by transmitting it.
The member agrees to hold HobbiWerks free from any claims of third parties.
Any creation whose intellectual property rights clearly do not belong to the creator will be refused by HobbiWerks.
HobbiWerks undertakes to implement all the means at its disposal to fight best against counterfeiting.
If a creation seems fraudulent, all users will notify us by clicking the “Flag” button on the product page.
To file a pages removal request due to intellectual property or copyright infringement, the rightful owner must take the following two steps:
- on each offending page, use the “Report a problem” button, choose the reason for the report related to “Copyright”
- and send the official and legal letter requesting the removal of the content by post with acknowledgement of receipt to the address of HobbiWerks headquarters: 19 rue du Colonel Bial, 19100 Brive-la-Gaillarde, France
In this way HobbiWerks will be able to intervene to warn the creator(s) in question in order to ask them to withdraw their designs as soon as possible.
In a prosecution under the misuse of a trademark, patent, copyright, HobbiWerks undertakes to provide the competent authorities all data of all HobbiWerks users who clearly violated the intellectual property of a third.
If sales were made on these contentious creations HobbiWerks will not repay the amount of the commission.
HobbiWerks adheres to the entire CHARTER AGAINST INFRINGEMENT ON THE INTERNET.
The creator remains the owner of the creation, they grants HobbiWerks only a license to single use its creation for the completion of the order.
In order to sell to another member the right to use its creation, the designer has the opportunity, if desired, to give HobbiWerks the free right to use and reproduce this item in the catalog appearing on the HobbiWerks.com website.
In this case, the designer must accept the Special Conditions under which it mandates HobbiWerks reproduce its creation on HobbiWerks.com site and manage on its behalf and for its account all aspects of its business relationship with a prospective buyer wishing to purchase the right to use its creation.
In the event that a buyer would order a creation, the creator of creation will be paid by HobbiWerks for the right to use its creations and HobbiWerks will be paid by the creator in its capacity as agent under the terms defined in the Special Conditions.
The designer also has the option to sell to HobbiWerks a free non-exclusive license to its creation.
This license entitles HobbiWerks to propose the creation in its catalog for its other members.
This license may be revoked at any time by the designer by changing the price of its creation or deleting directly from the catalog contained on the website HobbiWerks.com.
Any reproduction, copying or use both in France and abroad for all or part of the site HobbiWerks.com, and / or any creations for professional use (for any reason whatsoever, even partially) or duplication in any medium, site, free access or paid commercial or blogs is strictly prohibited without prior authorization from HobbiWerks and constitutes an infringement punishable by articles L335 -2 and following of the Code of intellectual property.
HobbiWerks organize competitions, challenges to lead his community. All creations that will be presented belong to HobbiWerks. These creations will satisfy the conditions of the Terms and Conditions.
ARTICLE – IX: PROMOTIONS
On HobbiWerks members and visitors can access vouchers codes that can be used in certain PARTNERS. They are entitled to a price reduction on some products sold by partners.
To take advantage, it is not necessary to be registered on the marketplace. Just go in the “Promotions” part, select the type of product, copy the code and go on the PARTNER’s website by clicking on the link. Then, the reduction is directly applied in the cart’s PARTNER by pasting the code in the fields provided for.
To receive these discounts, it is not necessary to go through the dedicated pages of the site HobbiWerks. All you need is the code and use it in stores “partners.
The Coupon Codes are exclusive to HobbiWerks. They are limited in time. Signage on dedicated pages can identify expired promotions.
The PARTNER has the right to modify at any time and without notice, the contents of its offer. The PARTNER must ensure and guarantee that its offers on its site comply with laws and regulations in force, that they infringe any rights of third parties particularly intellectual or industrial property rights or right to ‘image.
HobbiWerks is not responsible for any malfunctions related to transaction services PARTNERS. The user will have to turn to these services.
ARTICLE – X: PERSONAL DATA
Accordance with the law relating to computers, files and freedoms of January 6, 1978, the nominative information concerning members will be processed automatically.
HobbiWerks reserves the right to collect information about members including using cookies, and, if desired, to transmit to business partners collected information.
Members may object to the disclosure of their details by notifying HobbiWerks. Similarly, users have a right to access and correct data concerning them, according to the law of January 6, 1978.
The automated processing of information, including the management of users e-mail of the site has been declared to the Commission Nationale Informatique et Libertés (CNIL).
ARTICLE – XI: SETTLEMENT OF DISPUTES
These conditions of online sale are subject to French law.
The parties shall endeavor to settle amicably and in good faith any disputes, which may arise between them on the interpretation, or partial performance or breach of these terms.
The member should give priority to HobbiWerks for an amicable solution.
In the case of a professional member, the dispute shall be submitted to a mediator of the Professional Chamber of Mediation and Negotiation (“CPMN”) for professional guarantees of independence, neutrality and impartiality. For referral, it is sufficient that one of the parties mandated the mediator to arrange a meeting so that the other party must be present in the month following the request. For the meeting, the mediator sends a letter with acknowledgment of receipt to each party.
The parties will share equally the costs of intervention by the mediator and commit to attend at least one meeting with the mediator, to explore with its regulatory competition the most suitable solution to resolve the dispute.
If the parties do not reach an agreement, this arbitration clause shall be deemed to be honored.
Without amicable agreement, any dispute will be submitted to the competent court of the place of the registered office of the SAS HobbiWerks.
For more information, or if you are not fully satisfied with the services offered by HobbiWerks , contact our Customer Service:
19 rue Colonel Bial
19100 Brive la Gaillarde
Agency contract and license reproductions’ rights of and use of Creations.
This Agreement (hereinafter “Agreement”) is signed when the Creator as defined below chooses to create a vendor profile associated with the user profile on the website HobbiWerks “HobbiWerks.com”.
SAS HobbiWerks registered in RCS of Brive under the number 810 518 322. Its number SIRET is 810 522 318 00023 and resides in:
19 rue Colonel Bial 19100 Brive la Gaillarde
represented by legal representatives of the SAS HobbiWerks
On the one hand,
The Creator, as identified during registration, pursuant to Article 6 of this Agreement, hereinafter referred to as “The Creator”.
Hereinafter collectively referred to as “Parties” and each individually a “Part”
It is previously set that:
HobbiWerks provides potential customers on its website “HobbiWerks.com” (hereinafter the “Site”) catalogue Creations 3D (hereinafter the “Catalogue”);
The Creator who addresses HobbiWerks in order to allow HobbiWerks to make available Creation on the Catalog and to mandate HobbiWerks to manage all aspects of the business relationship with potential customers in order to sell the right to use the creation.
Potential customers will be able to purchase the right to use the Creation of Creators available on the Catalog.
ARTICLE – I: SCOPE AND DURATION OF THE CONTRACT
COPYRIGHT AND USE
The purpose of this Agreement is to determine the conditions under which the Creator of Creation allows HobbiWerks to make it available in the Catalog.
By this Agreement, the Creator allows HobbiWerks to make available on the Catalog and accordingly publish on its Website Creation annexed to this Agreement and to allow access and downloading, pursuant to Article L. 122 – 5 of the Code of Intellectual Property.
The purpose of this Agreement is to determine the conditions under the Creator mandates HobbiWerks, which accepts this mandate, to manage, on behalf and for the account of the Creator, all aspects of the business relationship with potential customers, namely:
linking with potential customers who wish to purchase the right to use the creation of the Creator. Linking is done by breeding Creation in the Catalogue, giving potential customers the opportunity to purchase the right to use the Creation;
the repayment by HobbiWerks of the portion of the price paid by the final customer to purchase the right to use the Creation to the Creator.
This Agreement is concluded for an initial period of 6 months, renewable by tacit agreement for a further period of six months except in the case where the Creator or HobbiWerks decide to withdraw Creation Catalog accordance with Articles 2 and 3 below.
ARTICLE – II: RIGHTS AND OBLIGATIONS OF THE CREATOR
Creator represents and warrants have the right to enter into this Agreement.
As regards the right of reproduction and use:
Creator warrants that they are the original author of Creation or holds the exclusive rights of authors on Creations uploaded. If this is not the case, the Creator may be subject to prosecution by HobbiWerks, or (the) buyer(s) and by (the) original(s) author(s) of the Creation.
In case a creation represents architectural monuments, works of people, objects or trademarks protected by a particular copyright (intellectual property code, image rights and property, the Civil Code, right designs, right registered trademarks), it remains the responsibility of the creator to obtain the holders of such rights, downstream necessary for the free dissemination, use and operation of this Creation.
Creations must not represent commercial or advertising.
The Creator is forbidden to offer a particular creation with obscene insults, violent, pornography or pedophile, and, in general, contrary to the laws and regulations. Proposed by the Creator, Creation must not infringe the rights of third parties, including intellectual property rights and the right to privacy.
Creator ensures that support creation contains no computer program designed to or may damage or intercept a computer system or data and personal information.
Regarding the mandate:
By this Agreement, the Creator gives HobbiWerks mandate to manage on its behalf and for its account all aspects of the business relationship with potential customers as specified in Article 1 above.
The Creator must specify the price at which it wants to sell to potential customers the right to use his creation. They may at any time change the price of its creation by having access to their personal space.
On HobbiWerks, the minimum price to sell Creation is established minimum 0,50 euros (and its equivalent in $). Below this price, HobbiWerks may not submit a Creation for sale.
The Creator is committed to provide the most truthful information used to purchase and download its creation. A full technical descriptions, photographs of the object when printed, creations of the 3D file, choice of the price, everything must be oriented so that buyers will want to download the product.
If a product does not meet the quality expectations of HobbiWerks, HobbiWerks reserves the right to modify, supplement sheets some manner whatsoever (amendment of the description, add photos, etc.).
The Creator making available (free or not) a Creation, is committed to the quality of its 3D file. It guarantees the quality and printability of their creation, HobbiWerks not guaranteeing 3D printability of all creations on the Site. Depositing his Creation, the Creator is committed to ensure that his creation is printable using the 3D printing process.
The Creator also mandates HobbiWerks to manage the financial relationship with the final customer.
The Creator may, at any time, delete its Creations by sending an email at hello@HobbiWerks.com. Deleting one or more Creations not however cancel or have any impact on any sales of goods previously entered into by HobbiWerks on the basis of this Creation, any transaction prior to the deletion request is maintained in the state.
Thus, the removal of a Creation applies only from the end of the period of 48 hours notice required to take into account the change of status of Creation concerned. Thus, sales of items made prior to that date retain their full value and can not be questioned.
ARTICLE – III: RIGHTS AND OBLIGATIONS OF HobbiWerks
HobbiWerks reserves the right to refuse any creation which, by its content or for any other reason, is considered inadequate to justify by HobbiWerks for inclusion in the Catalogue.
HobbiWerks reserves the right to exclude a Creation or a Creator, to block a Creator’s account and thus to deny him/her access to all or part of the Site’s services.
HobbiWerks reserves the right to pass the price of a Creation free of charge if it is shared free of charge elsewhere on the Internet.
HobbiWerks reserves the right not to transfer money to a Creator who would have infringed the present General Terms and Conditions of Sales (ex: sale of illicit 3D model, non respect of copyright, sale of non-printable 3D model…) and to file a claim with online payment institutes (such as PayPal) in order to ask for repair and reimbursement of the sums already received by the disputed Creator.
HobbiWerks is not the copyright holder of Creation provided by the Creator. In this way, the Creator, by sending a Creation HobbiWerks expressly acknowledges that the Site and its administrators are not responsible for misuse that might be made of Creations or objects reproduced from these Creations.
HobbiWerks is an agent acting on behalf of the Creator in the management of its business relationship with potential customers to allow the transfer by the Creator the right to use the creation of the Creator. The role of HobbiWerks limited to linking the Creator with potential clients and the management of these business relationships.
HobbiWerks may refuse to send a second payment to a designer who has already refused or not accepted a payment sent via PayPal.
ARTICLE – IV: SCOPE OF LICENSE
The Creator grants HobbiWerks during the term of this Agreement, non-exclusive title, license, international and non-transferable license to use, reproduce, publish Creation and manufacture of articles from this Creation in all shapes and representations and all current and future processes and to all destinations.
More precisely, the license granted under this Agreement gives HobbiWerks the following rights:
the right to reproduce in his Catalogue Creation (of any graphic, magnetic, optical, digital or electronic, as present or future) and in any condensed or expanded form;
the right to reproduce the creation in the form of an object under all modified forms, condensed or expanded;
the right to adjust the Creation in terms of size, color, etc.;
the right to use the Creation for the manufacture of an object by any means;
the right to publish the Creation on the platform or on the website of one or more HobbiWerks PARTNERS;
the right to share the Creation on all the digital ecosystem of HobbiWerks (blogs, social networks, newsletter, etc.)
ARTICLE – V: SCOPE OF TERMS
HobbiWerks acting on behalf of the Creator in the management of the business relationship with potential clients and the final customer. Its role is to link the Creator with a final customer in order to allow the Creator to sell to customer the right to use his creation.
HobbiWerks manage all financial aspects of the business relationship between the Creator and the end customer.
In performing its mission agent, HobbiWerks undertakes to act in the interest of Creator and according to his instructions as to set the price for the use of his creation, the fixed price will only be increased by the HobbiWerks commission and the French VAT applied to this commission.
However, HobbiWerks has no obligation of result to the Creator and carries out its tasks in accordance with the limits set out in Article 8 of this Agreement.
ARTICLE – VI : METHOD FOR REGISTRATION OF THE CREATOR
Registration of the Creator on the list of designers for HobbiWerks, simultaneously with its first publication of Creation, allow the creation of his personal page from the information provided on the form provided for this purpose.
The Creator must register and therefore :
- fill out the identification form in his personal account on which he will complete all the information requested, and in particular, his user name, his e-mail address, his payment e-mail address, his nature (individual or professional), his first and last name and/or his company name, his postal address, his telephone number, his company number and his VAT number, certifying on his honor the truthfulness of the above;
- be of age
Creation sent by the Creator will be referenced in the Catalog posted by HobbiWerks on the Site, with his name or nickname with a link allowing access to their personal page.
Creator wishing to provide a creation of the Catalog and give mandate to HobbiWerks manage the business relationship with potential customers must provide valid contact information upon registration on the Site, so that the gains from the sale of its creation can be sent.
HobbiWerks disclaims any liability for loss or non- payment of a fee, due to the transmission of false or erroneous coordinates.
ARTICLE – VII: PAYMENT OF THE CREATOR
When uploading of Creation, it will be proposed by HobbiWerks its catalog, and the object created from this Creation will be sold, if necessary, non-exclusive, royalty-free right under the Article L 131-4 of the intellectual Property Code.
HobbiWerks offers potential customers a price fixed by the Creator for the transfer of the right to use his creation.
On this basis the Creator is paid by HobbiWerks.
HobbiWerks fee directly remuneration agent as a commission equal to 20% of the price fixed by the Creator (without VAT) for the transfer of right to use his creation.
HobbiWerks reserves the right to change this percentage in the future, in this case HobbiWerks undertakes to inform the Creator and to propose the conclusion of a new Agreement.
HobbiWerks will also charge VAT in certain cases and according to the rules listed in Article II b) of the Terms and Conditions.
The Creator is credited via PayPal for each assignment of its right to use or creation(s), the price set by the Creator for the transfer of the right to use his creation minus the commission HobbiWerks. He is notified of each sale by email from PayPal and HobbiWerks. It is essential to have a PayPal account to benefit from its sales.
To accept the payment and withdraw its balance, the CREATOR has a period of one month (period defined by PayPal). After this period, without recovering his balance, the amount of the sale is returned to HobbiWerks, without refund.
HobbiWerks cannot be held responsible for cases of fraudulent sales. If a banking partner informs HobbiWerks of a fraudulent sale, or if a user pays with a stolen card, this sale will be cancelled and the Creator will not be paid for this sale. Any sale is considered fraudulent if the buyer does not pay – at the time of the sale or later – the price of the creation.
HobbiWerks cannot be held responsible for any misrepresentation on the part of the seller resulting in an error concerning the applicable VAT rate.
ARTICLE – VIII: RESPONSIBILITY OF HobbiWerks
HobbiWerks make no warranty for the choice of a final customer toward a creation given by the Creator.
Accordingly, HobbiWerks can in no way be liable for any direct, incidental, indirect or consequential, that may suffer the Creator due to use or non-use of Creation, even if the parties have been advised of the possibility of such damages.
As the termination of this Agreement, HobbiWerks shall cease using Creation and destroy from his computer system and its storage devices.
ARTICLE – IX : INFORMATION & DISCLAIMER
The creator agrees to be informed by this contract that the sale of rights to use his creation for making objects from this creation is likely to lead to a qualification creator merchant within the meaning of Article L121 -1 of the Commercial Code, requiring certain specific obligations, such as the entry in the Register of Commerce and Companies, the holding of a particular accounting, payment of VAT and other applicable taxes, and compliance with the rules on invoicing.
Indeed, under Article L121 -1 of the Commercial Code: “Are those traders who carry out acts of commerce and make their own occupation.”
For the creator, repeat sales of the product of his or her work that generate substantial income can be regarded as an act of commerce and therefore fell within the scope of a regulated professional activity including the Labour Code, the Commercial Code and the General Code taxes.
Thus a person who usually sells his creations or any products on a marketplace and draws regular income, must create a business company. There is no minimum or maximum sales threshold. It is the regularity of the activity, its nature and profit organization set up to allow the justice to determine in each case these criteria and qualify some dealers traders.
In this case the creator, considered a professional seller would be required to meet the particular legal obligations above mentioned non- exhaustive way.
Consequently, the designer shall undertake to fulfill all tax and social security obligations related to the sale of his creations.
HobbiWerks is not seller, it only pays the French VAT on its commission and therefore disclaims all liability for any fraud that may be made by creators outside the tax legislation applicable to traders.
HobbiWerks is authorized to disclose all necessary information to the tax authorities under request.
ARTICLE – X: LAW AND DISPUTE RESOLUTION
This Agreement is governed by French law.
The parties shall endeavor to settle amicably and in good faith any disputes that may arise between them on the interpretation, or partial performance or breach of this Agreement.
If the parties are unable to settle their dispute amicably, such dispute shall be submitted to a mediator of the Professional Chamber of Mediation and Negotiation (“CPMN”) for professional guarantees of independence, neutrality and impartiality.
For referral, it is sufficient that one of the parties mandated the mediator to arrange a meeting so that the other party must be present in the month following the request.
For the meeting, the mediator sends a registered letter with acknowledgment of receipt letter to each party. The parties will share equally the costs of intervention by the ombudsman and commit to attend at least one meeting with the mediator, to explore with its regulatory competition the most suitable solution to resolve the dispute.
If the parties do not reach an agreement, this arbitration clause shall be deemed to be honored.
Failing an agreement, the dispute shall be brought before the competent courts of the headquarters HobbiWerks.