general terms and conditions of sale and use
Version online since February 24, 2023
The present GTCU are governed by French law.
The legally binding document is written in french language, please visit: https://www.edskomo.com/pages/terms-and-conditions
The present website http://www.edskomo.com (the "Site") is published by Mr. Edgar Skomorowski, domiciled at 4 rue Popincourt, 75011 Paris, France, a sole proprietor registered under number 812 914 943, and whose intra-community VAT number is FR38812914943 (hereinafter referred to as "the Seller").
ARTICLE 1 - PURPOSE
The present general terms and conditions of sale and use (the "GTCU") are concluded between the Seller and any individual or legal entity ("You") wishing to make a purchase on the Website as well as any user or visitor of the Website.
By browsing the Site, You acknowledge that You have read and fully and unreservedly accept the GTCU. A breach or violation of any of the Terms will result in immediate termination of your Services.
You must be at least eighteen years of age to make a valid purchase from the Site.
These TOS govern your relationship with Seller exclusively.
The Seller reserves the right to modify the GTCU at any time. They will then be applicable as soon as they are put online.
You can read the GTCU at any time on the Site. The applicable conditions are those in force on the site at the date of placing your order.
Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell you our products and services.
You may not use the Products in any way for any illegal or unauthorized purpose, nor may you violate any applicable laws while using the Site (including, but not limited to, copyright laws).
Seller reserves the right to refuse any order placed on the Site and may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or on the same customer account, the same credit card and/or orders using the same billing and/or shipping address. If an order is changed or cancelled, You will be contacted using the email address and/or billing address or phone number provided at the time of ordering. Seller reserves the right to limit or prohibit orders that it believes may have been placed by dealers, resellers or distributors.
ARTICLE 2 - PRODUCTS
2.1 Generalities
The products governed by the present GTCU are those which appear on the Site and which are indicated as sold and shipped by the Seller (the "Products"). They are offered within the limits of available stocks.
The essential characteristics of the Products are described and presented with the greatest possible accuracy. However, all items are uniquely designed, so there may be variations in color and/or workmanship between the products shown in the photographs on our Product sheets and the items shipped. You should also take into account any minor irregularities and imperfections due to the fact that the products are made in part or in whole by a natural person, primarily by hand, and not in batches by automated machines.
Similarly, the Seller has made every effort to present the colors and images of the Products as accurately as possible, but cannot guarantee the accuracy of the display of colors on your computer screen.
2.2 Personalized Products
Some Products are also personalized by including distinctive signs communicated by You in advance to guarantee their authenticity and uniqueness.
The creation of each personalized Product required that You place an order on the Website by indicating the element of personalization of your Product through the order form.
2.3 Products printed by You from a file provided by the Seller
The Seller offers 3d files, 3d prints and tutorials on its Website for miniature enthusiasts, model makers, collectors, miniature painters and other professions. You expressly waive your right of withdrawal when purchasing a Product referred to in this section 2.3 pursuant to Article L121-21-8, 12° of the Consumer Code.
The Seller grants a license to use the 3d files and 3d prints, which is strictly personal to You. The license does not give you any legal right to submit, use or make available in any way these files to third parties.
Intellectual Property
All elements, including the 3d files, organization and presentation of the Products on the Site, are the property of the Seller and are protected by copyright.
Terms of use
The use of the 3d files or the resulting 3d prints is authorized only for private, non-commercial use by You.
Use of the 3d files or resulting 3d prints is expressly prohibited under the following conditions:
- Trade or research and development
- Use in 2D or 3D computer graphics, film and print media
- Incorporation into computer games, 3D models
Single User Personal License
The purchase of a SINGLE USER PERSONAL LICENSE through the order of a 3d print file allows you the following actions only:
- Print a single copy of the Product from 3d file for personal use on your own printer or using an external printing service.
- Convert, modify and paint the physical 3d print to your liking for personal projects
- Share photos or videos of the 3d print with credit to the Seller in each representation.
The purchase of a SINGLE USER PERSONAL LICENSE does not allow the following:
- resell or share the 3d file or a derivative of the 3d file in any 3d format
- sell or share 3d prints created with the 3d file
- use the 3d file or any derivative of the data in a commercial product or project
- promote a commercial product or project
- incorporate the 3d file into any 3d modeling program whose results can be exported as 3d models in any 3d format. Including, but not limited to, Zbrush, Mudbox, Adobe 3D Modeler, 3dsMax, Autodesk Maya, Cinema 4D.
Under no circumstances may you:
- Use for commercial or profit-making purposes any product downloaded or given away free of charge without the express permission of the Seller
- Use a special program (spider, leecher) or script to automatically download all files. Users who attempt to download in bulk will be automatically banned from the website.
- Interfere with security or otherwise abuse, disrupt, place excessive loads on, or attempt to gain unauthorized access to the Site or any system or network resources connected to this Site.
- Publish 3d files or derivative products under open source licenses.
- Use any Product purchased to work with artificial intelligence tools and software (deep learning, neural network, data train...).
ARTICLE 3 - PRICES
The prices of the Products are indicated in Euros and include all taxes. They take into account the VAT and any reductions applicable on the date of the order.
The prices of the Products are exclusive of delivery charges (postage, packaging and preparation of the package according to the amounts in force). The amount of the delivery costs will be specified before the order is validated.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change could be reflected in the selling price of the Products on the Site and on the various sales media.
Moreover, prices are subject to change without notice. The Seller shall not be liable to You or any third party for any change in price, or for any modification, suspension or interruption of the Service.
However, a price cannot be modified once your order has been validated.
ARTICLE 4 - ORDERING
4.1 Prior identification
You declare that you have read and accepted these GTCU before placing the order.
Only persons legally capable of entering into contracts concerning the goods and services offered on the site can order on the Site
To place an order, You must identify yourself with your e-mail address and your password. When registering personal data and information in the "My Account" section, You must ensure the accuracy and completeness of the mandatory data provided. Any subsequent change must be mentioned as soon as possible.
You must create a customer account to place an order.
Your customer account allows you to :
- consult and update your contact information and means of payment;
- follow your orders in progress and consult the history of your last orders and refunds over the last six months;
- return an item and get your money back via the contact form;
- consult the promotional offers that You benefit from;
- create a list of your favorite products;
- set up your options for sending advertising campaigns.
To create your customer account, You must fill out a registration form including your contact information (title, last name, first name, postal address and email, telephone) and create your personal password. You will then receive an email confirming the creation of your customer account and including all your customer data.
By proceeding to the creation of your customer account, You agree to provide accurate, complete and updated information. No refund of order will be accepted because of an erroneous or not updated address or contact information.
It is specified that your identifiers (email address or customer number and password) are under your full responsibility. It is therefore your responsibility to ensure the confidentiality of this information, and to report any fraud or hacking to the Seller's customer service as soon as possible.
To delete your customer account, You are invited to contact the Seller's customer service, in accordance with the provisions relating to your rights of access, rectification and deletion referred to in the Privacy Policy of the Site. It is specified that the Seller may also have to delete a customer account which would not have any order in progress because of the regulation related to the personal data.
The Seller reserves the right to suspend or close the account of a customer who would contravene the provisions of the GCU. Any person whose account has been suspended or closed
will not be able to order on the Site without prior authorization.
4.2 Registration and validation of the order
The contract of sale of the product will be concluded when, after having had the possibility to check the details of the order and its total price, as well as to correct possible errors, You confirm it to the Seller to express your final acceptance which will be considered as effective after validation of the online payment.
Any order confirmed by the online payment is considered to be the conclusion of the sales contract and consequently acceptance of the prices, description, quantity of the Products available for sale as well as of the clauses contained in the present general sales conditions.
The Seller will acknowledge receipt of your order as soon as it has been validated by sending you an e-mail in which you will find a link to the present GTCS.
In certain cases, notably for non-payment, incorrect address or any other problem related to your account, the Seller reserves the right to block your order until the problem is resolved.
In case of unavailability of a Product ordered, You will be informed by e-mail. The cancellation of the order of this Product and its possible refunding, will then be carried out, the remainder of the order remaining firm and definitive.
For any question relating to the follow-up of an order, You can contact the Site by e-mail at edgar@edskomo.com or via the contact form available on the Site.
Please refer to the Return Policy and Shipping Policy for more information regarding exchanges and deliveries.
4.3 Product Availability
The Seller endeavors to keep the Site up to date according to the stocks. Nevertheless, stock-outs are possible. In this case, the Seller will inform You by e-mail, telephone or mail as soon as possible. You will not be able to obtain any compensation other than the simple refund or replacement of the Product if it has been effectively paid.
In case of refund, this one will be carried out with the choice of the Salesman by credit on your bank account or by cheque at the latest in the month following the payment of the versed sums.
ARTICLE 5 - METHODS OF PAYMENT
You can pay your order :
- using Shopify Payments*: Shop Pay, Visa, Mastercard, American Express, Cartes Bancaires, Apple Pay
*Available only for following countries: Australia, Austria, Belgium, Canada, Denmark, Czechia, Finland, France, Germany, Hong Kong SAR, Ireland, Italy, Japan, Netherland, New Zealand, Portugal, Singapore, Spain, Sweden, Switzerland, United Kingdom, United States
- by bank transfer**: the bank details (IBAN and BIC codes) will be communicated to you at the time of validation of the order.
**Available only for following countries: Australia, Austria,Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, France, Finland, Germany, Greece, Hong Kong SAR China, Hungary, Ireland, Israel, Italy, Japan, Latvia, Lithuania, Luxembourg, Malaysia, Malta, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, United Arab Emirates, United Kingdom, and United States
In case of payment by credit card, the number of the credit card and the expiration date are encrypted and transmitted to the specialized company Shopify Payments via the SSL secure protocol without the Seller or third parties being able to access it. This same information will only be used in case of possible returns, in order to make the corresponding refunds.
The amount of the order is debited to Your account at the time of the validation of the payment.
The data recorded and kept by the Seller constitute the proof of the order and of all the transactions made. The data recorded by the payment system constitutes proof of the financial transactions.
Invoices are available on request at edgar@edskomo.com.
ARTICLE 6 - PROOF
In all cases, the online provision of the credit card number and the final validation of the order shall constitute proof of the completeness of the said order in accordance with Article 1366 of the French Civil Code and shall constitute payment of the sums involved by the seizure of the Products appearing on the order form.
This validation is worth signature and express acceptance of all the operations carried out on the Site.
However, in case of fraudulent use of your credit card, You are invited, as soon as you notice this use, to contact the Seller's customer service.
The computerized registers, kept in the computer systems of the Seller and its partners in reasonable conditions of security, will be considered as proof of the communications, orders and payments made between You and the Seller.
The archiving of the purchase orders and invoices is carried out on a reliable and durable support so as to correspond to a faithful and durable copy in accordance with article 1379 of the Civil code.
ARTICLE 7 - DELIVERY
The Seller can propose to You, at the time of the placing of your order, various modes of delivery according in particular to the size of your parcel and your address of delivery.
The delivery of the Products is carried out in the following territories: Austria, Australia, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czechia, Denmark, Estonia, France, Finland, Germany, Greece, Hong Kong SAR, Hungary, Ireland, Israel, Italy, Japan, Latvia, Lithuania, Luxembourg, Malaysia, Malta, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, United Arab Emirates, United Kingdom, and United States
The service times indicated below are not guaranteed during certain busy periods, such as sales periods.
The Vendor endeavors to deliver within 30 working days for France from the moment the Vendor has received the full amount of the order.
Any delivery outside the European Union may be subject to customs duties, taxes or fees which You must pay directly to the authorities or entities concerned.
The Seller undertakes to inform You of any foreseeable delay in delivery.
The Products are delivered to the address indicated at the time of the order of the Products or that indicated at the time of the creation of your customer account on the Site.
The ownership of the Products and the related risks are transferred to You as soon as the delivery note is signed.
The Products being fragile, You must imperatively check the good condition of the Products at the time of the delivery. Any reservations that You may express upon delivery will only be admissible insofar as they denounce a non-conformity of the delivery with the quantities or condition of the Products mentioned in the order.
If You notice that the physical sculpture is damaged, You must mention it on the delivery note and refuse to sign the delivery note. The carrier will leave with the package and return it to the Seller.
Concerning the downloadable Products, you must imperatively check the file sent as soon as it is received and inform the Seller immediately in case of difficulty (wrong product, error etc.).
ARTICLE 8 - RETURN OF PRODUCTS
8.1. Exercise of the right of withdrawal
For all personalized Products (special mentions, personalization, etc.), the right of withdrawal cannot be applied, in accordance with the provisions of article L 221-28, 3° of the French Consumer Code, which stipulates that the withdrawal period of 14 (fourteen) days cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized.
Similarly, Products consisting of a file allowing for the 3d printing of the file are not subject to the right of withdrawal pursuant to Article L 221-28, 13° of the French Consumer Code, which stipulates that the 14 (fourteen) day withdrawal period cannot be exercised for contracts for the supply of digital content not provided on a tangible medium, the execution of which has begun after the consumer's express prior agreement and express waiver of his or her right of withdrawal.
For any other Product proposed on the Site and not giving rise to specifications specific to your wishes or particular requirements, You have a period of fourteen (14) clear days from receipt of the order to cancel the contract for the sale of Products concluded at the time of validation of the order. In the event that the Products have already been delivered to You, You must return them to the Seller, without having to justify your reasons or pay any penalties.
The returned Products must be intact and complete and must not have been subject to prolonged use.
To exercise your right of withdrawal, You may either use the contact form available on the Site by clicking on the "product return" menu, or make any unambiguous statement indicating your intention to return the Product to the Seller, by sending an e-mail to edgar@edskomo.com.
The Seller will acknowledge receipt of your withdrawal by e-mail.
You must then return the Products to the Seller, at the latest within fourteen (14) days following your withdrawal,
- by mail to the following address Edgar Skomorowski, 4 rue Popincourt, 75011 Paris. The cost of return via La Poste is at your expense (except in the case of a defective Product upon receipt, or an error by the Seller when sending the Product).
- in a Relais Colis ® point with the forwarding note that will be sent to you by e-mail.
The Vendor undertakes to reimburse you for all sums paid, with the exception of delivery costs, upon receipt of the Product within thirty (30) days of receipt of the returned Products.
The refund will be made via the payment method used for the returned order.
8.2. Exchange
The Products including elements of personalization or the products created by you from the files sent will not be subject to any exchange.
In other cases, You may request an exchange within fifteen (15) days of receiving the Product.
Only exchanges with an equivalent Product and in a different reference (different color or pattern ...) will be accepted.
The shipping costs remain at your charge in case of exchange.
8.3. Special case of a non-conforming Product
In the event of non-conformity of the Products in relation to the order, you will have to send to the Seller a letter or e-mail of dispute. The Seller will proceed, according to the case, to the exchange or the repair of the Product(s). Nevertheless, if the new Product received does not suit you, you may exercise your right of withdrawal within the remaining
period.
The request must be made within three (3) working days following the delivery of the Products. Any claim made outside this period will not be accepted. The Products must be returned to the Seller in the condition in which You received them.
It may take some time for your bank to process and issue the refund. If more than 15 working days have passed since the validation of your refund request by the Seller, you can contact the Seller at edgar@edskomo.com.
In all cases, the provisions set out in Article 9.1 on legal guarantees will apply.
ARTICLE 9 - GUARANTEES
9.1 LEGAL GUARANTEES
All Products on sale on the Site benefit from the legal guarantee of conformity (articles L. 217-1 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code), allowing you to return defective or non-conforming Products delivered.
You are informed that the Seller is the guarantor of the conformity of the Products to the contract within the framework of these two legal guarantees.
The photographs illustrating the products on the Site are not contractual, in particular concerning the Products presenting personalized elements. Indeed, the final rendering may vary during the production of the product.
9.1.1 Legal guarantee of conformity
You have a period of two years as from the delivery of the Product to act in application of the legal guarantee of conformity.
In this case, You may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L. 217-12 of the French Consumer Code, or, failing that, reducing the price or terminating the contract under the conditions of Articles L. 217-14 et seq. of the French Consumer Code.
It is specified that, pursuant to Article L. 217-13 of the French Consumer Code, any Product repaired under the legal warranty of conformity will benefit from an extension of said warranty for a period of six months. Furthermore, if You choose to have the Product repaired but the Seller does not do so, You may request the replacement of the Product, which will be accompanied, in this case, by a renewal of the legal warranty of conformity.
This provision applies either when the requested repair cannot be implemented within one month of your complaint, or before this period, when the non-repair results from a decision taken by the Seller.
9.1.2. Legal warranty against hidden defects
You may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code.
In this case, You can choose between the resolution of the sale or a reduction of the sale price, in accordance with Article 1644 of the Civil Code.
9.2 OTHER GUARANTEES AND RESPONSIBILITIES
The Seller undertakes to describe the Products sold on the Site as accurately as possible, subject to minor variations and/or irregularities inherent in the creation of the Products.
On the other hand, the responsibility of the Seller cannot be engaged in the case where the non-fulfilment of its obligations would be attributable, either to the fact of an out-of-stock condition of the Products, of a delay in delivery, of a strike of transport or of any other unforeseeable and insurmountable event, or to a case of force majeure as defined by the French jurisprudence.
Likewise, the Vendor shall not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.
Finally, the Seller shall not be held liable in the event that a minor makes an online purchase on the Site.
You acknowledge and agree that, to the fullest extent permitted by applicable law, the Seller shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, costs, losses, loss of business or profits, or liabilities of any kind (even if the occurrence of such damages was known to or could have been foreseen by the Seller), arising out of the use or inability to use the Site or its contents by You.
ARTICLE 10 - EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
The Seller does not warrant, represent or represent that your use of the Site will be uninterrupted, secure, timely or error-free.
Nor does Seller warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
You agree that, from time to time, Seller may suspend access to the Site for indefinite periods or permanently discontinue it at any time without notice.
The Site and all Products provided to you through the Site are (unless expressly stated otherwise by us) provided "as is" and "as available" for your personal use only, without representations, warranties or conditions of any kind, including, without limitation, fitness for a particular purpose or durability.
In no event shall Seller and all of its employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages, including, but not limited to, loss of profits, revenue, savings or data, replacement costs or other similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of your use of the Site or the products.
In the event that applicable law in some states does not allow the exclusion or limitation of liability for consequential or incidental damages, Seller's liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
SECTION 11 - THIRD PARTY LINKS
Certain content, products and services accessible through the Site may include materials from third parties.
Third party links on this Site may direct You to third party websites that are not affiliated with Seller. Seller will not be required to review or evaluate their content or accuracy, nor will Seller warrant or assume any responsibility for the content or websites, or other content, products or services of third party sources.
Seller will not be responsible for any harm or damage related to the purchase or use of goods, services, resources, content or any other transactions related to such third party websites. Please read the policies and practices of these third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to those third parties.
SECTION 12 - COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at Seller's request, You submit specific content (e.g., as part of your participation in contests), or if, without Seller's request, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by mail, or otherwise, You grant Seller the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and use in any media any feedback You transmit.
Seller shall not be obligated to (1) maintain the confidentiality of any feedback; (2) compensate anyone for any feedback provided; or (3) respond to any feedback.
Seller may, but is not obligated to, remove comments and accounts containing content that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or to constitute an infringement of any party's intellectual property rights or these TOU.
You may not use a false email address, pretend to be someone you are not, or attempt to mislead Seller or others as to the origin of the comments. You are solely responsible for all comments you make and their accuracy. The Seller declines all responsibility for comments posted by You or a third party.
ARTICLE 13 - PERSONAL DATA
When you place an order, the personal data collected will be subject to computer processing. You are invited to refer to the tab "Privacy Policy" of the Website to obtain all the information related to this point. https://www.edgarskomorowski.com/policies/privacy-policy
ARTICLE 16 - SEVERABILITY
In the event that any provision of this TOS is determined to be unlawful, void or unenforceable, the remainder of this TOS shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from this TOS, without affecting the validity and enforceability of any remaining provisions.
SECTION 17 - ENTIRE AGREEMENT
Any failure by Seller to exercise or enforce any right or provision of these GTCU shall not constitute a waiver of such right or provision.
These TOU or any other operating policies or rules posted on this Site or relating to the Service constitute the entire agreement and understanding between you and Seller, and govern your use of the Site. They supersede all prior and contemporaneous agreements, communications and proposals, oral or written, between you and Seller (including, without limitation, any prior version of the TOS).
As these TOU are translated into English, in the event of any discrepancy between the English and French versions, the French version shall prevail.
ARTICLE 18 - INTELLECTUAL PROPERTY
All elements of the Site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. Similarly, the trademarks, logos, drawings and models appearing on the Site are the exclusive property of the Seller. Their disclosure shall not be construed as granting any license or right to use said trademarks and distinctive elements protected by copyright. They may not be used, under penalty of infringement.
Thus, none of the documents from the Site may, except with the express authorization of the Seller, be copied, reproduced, republished, downloaded, posted, transmitted
or distributed in any way whatsoever.
However, you may download one copy of the materials onto a single computer for your personal, non-commercial use only, provided that you do not modify the information contained therein and that you keep intact all copyright and other proprietary notices.
Modification of these materials or use of them for any other purpose is an infringement of Seller's intellectual property rights.
If You have a personal website and wish to place, for personal use, on your website a simple link directly to the home page of the Site, You must request prior authorization from the Seller. This shall in no case be an implicit affiliation agreement.
In any case, any link must be removed upon request from the Seller.
ARTICLE 19 - APPLICABLE LAW - DISPUTES
The present GTCU are governed by French law.
You agree to attempt to resolve amicably any dispute that may arise between You and the Seller. If You have not managed to resolve the dispute directly with the Seller's customer service department within [two (2) months] of the sending of Your written complaint, You may refer the matter free of charge, within one year of the written complaint being sent to the Seller, to the consumer ombudsman to which the Seller is affiliated, i.e., the Centre de Médiation de la Consommation des Conciliateurs de justice - 14 rue Saint-Jean 75017 Paris - https://cm2c.net/. You can also visit the European platform for the settlement of consumer disputes set up by the European Commission at the following address: http://ec.europa.eu/consumers.odr/.
In the event of a dispute, the competent court will be that of the defendant's place of residence or, at the plaintiff's option, the place where the Product was actually delivered.
ARTICLE 20 - CHANGES TO THE TERMS OF USE
You can consult the most recent version of the TOS at any time on this page.
Seller reserves the right, at its sole discretion, to update, modify or replace any part of these TOS by posting such updates and/or modifications on the Site. It is Your responsibility to check the Site for changes. Your continued access to the Site following the posting of changes to these TOS constitutes your acceptance of those changes.