Conditions of Use & License
General Terms and Conditions
§1 Subject to the conditions
All contracts, deliveries (downloads as well as electronic deliveries such as e-mail) and other services (including consultant services) by RenderMall GmbH are based on these terms and conditions. Alternative and/or complementary agreements require the express and written consent of RenderMall GmbH. Conflicting general terms and conditions of the contractual partner are hereby expressly opposed.
Software includes all types of digital data (such as 3D objects, textures, images, animations, video and audio files, plug-ins and other digital representations of any form) that a customer obtains directly or indirectly from RenderMall GmbH. Software is offered on physical disks (hardcopy) or as a digital product. Hardcopies are delivered via standard delivery (Post/DHL), digital products via electronic software delivery such as downloads and e-mail attachments.
Download means downloading digital products from RenderMall GmbH’s server on the customer's computer.
§3 Offers and completion of contract
All our offers, whether in the online shop, in brochures, in advertisements, verbally or by telephone, e-mail or by any other means are subject to change.
The information contained in RenderMall GmbH's online Shop represents an invitation to submit an offer, not an offer by RenderMall GmbH to deliver products or services. By ordering a RenderMall GmbH product or service, you make an offer to RenderMall GmbH to acquire the product and/or the service concerned. We have the right to accept or reject this offer.
The contract is concluded only after our confirmation of order or by execution of the order.
The buyer acknowledges these terms and conditions as well as the license agreement by opening the original packaging and/or downloading the products. Exceptions require RenderMall GmbH's written confirmation.
The price of products or services is indicated in the online shop. It is noted accordingly whether the price indication is inclusive or exclusive of VAT.
Prices may change at any time.
The indicated prices do not contain shipping costs. If applicable, these will be charged in addition.
§5 Service (downloads and other services)
After receiving an order and its corresponding payment, RenderMall GmbH shall make the purchased digital products immediately available to the customer for downloading from RenderMall GmbH's server to the customer's computer or will send the data electronically (email - attachment). Downloading is available to the customer for a period of 3 days with 3 retries. The customer is responsible for the timely and proper downloading.
Delivery delays not due to RenderMall GmbH, such as unexpectedly interrupted Internet connections, server issues of the Provider, labour disputes, force majeure, laws, official arrangements etc, extend service time. RenderMall GmbH is not liable for losses, costs, damages, charges or expenses incurred from belated downloads. That does not constitute a right to withdraw from the agreement either.
§6 Supply of physical products (CD/DVD)
Some products can also be purchased on a physical disk (CD/DVD). In this case downloading shall not be available. Purchase price and shipping costs are to be paid in advance depending on the selected mode of shipment.
After receiving the order and payment RenderMall GmbH shall deliver the ordered products or arrange delivery. RenderMall GmbH will take reasonable efforts to deliver the ordered products within the delivery time and method you have chosen and paid for, as specified in the Webshop. Only in writing agreed upon delivery dates are binding.
Delivery delays not due to RenderMall GmbH such as labor disputes, force majeure, laws, official arrangements etc, extend delivery time.
In the event that RenderMall GmbH cannot or can only partially supply the promised goods, the purchaser is entitled to withdraw from the agreement. Further claims for damages are excluded. RenderMall GmbH is not liable for losses, costs, damages, charges or expenses incurred due to delayed delivery. That does not constitute a right to withdraw from the agreement either.
§7 Delivery and provision of services without prior receipt of payment
Basically, it applies to all sales procedures, a delivery or a download may take place only after receipt the payment. Exceptions to this rule are to be agreed upon on an individual case basis and in writing.
§8 Delay of payment
In the event of default in payment by the purchaser, RenderMall GmbH is entitled to demand the temporary surrender of the goods to which we hold title at the purchaser's expense, without exercising the right of withdrawal and without fixing any period of grace, or to charge default interest at a rate of 5% above the applicable base rate under § 1 Discount-Rate Transitional ActDÜG. (After the expiry of the basic interest rate on 31.12.2001, it is replaced by the European Central Bank's control mechanism, which best embodies the basic interest rate in its function.)
§9 Transfer of risk
All shipments of goods and any returns, electronic transfers, are made on the purchaser's account and risk. The risk for damage and loss as well as for their shipping or downloading shall pass on to the customer.
This applies also to delivery cases, in which RenderMall GmbH may bear transport costs. Complaints for damages during shipment are to be claimed by the purchaser directly from the transport company within the agreed time period. Compensation for goods lost or damaged during transport is not provided.
It is recommended to make a backup copy immediately after downloading. The risk of losses after the purchase including computer and hard drive failure is borne by the customer.
§10 Return policy / right of withdrawal
The customer has a right of withdrawal / return of the good within 14 days after its receipt. Such revocation does not require justification and must be done in writing (post, fax, email) and by returning the received good. For orders up to a maximum of 40 Euro, return costs in case of revocation are borne by the customer. The deadline for return is signalled by the date of dispatch.
The return is to be addressed to:
Fax 0049(0)211 – 133547
The right of withdrawal/return does not apply:
a) to products, which have been delivered digitally (downloads, e-mail) and which are not suitable for return due to their nature
b) to physical products whose disks have been opened
c) to products that are manufactured according to customer specifications.
If the right of return / withdrawal is used, whether it concerns a valid purchase or a free download, immediately all granted license rights end and the customer must destroy immediately all copies on disk which are under their control or in their possession.
§11 Warranty and liability
Claims due to material defects, wrong deliveries and quantity differences must be made immediately in writing, at the latest 14 days after receipt of the good, with an indication of the claim. Otherwise, the goods shall be deemed approved.
Should shortfalls be detected, RenderMall GmbH shall replace accordingly.
RenderMall GmbH reserves the right to immediately request the rejected goods to be sent for inspection at the customer's expense.
Where claims for defects are justified and timely made, RenderMall is entitled and under the obligation to make a replacement. Should legitimate defects occur at the time of replacement delivery, the customer has the right to reduce the purchase price (maximum 50%) or to amend the sales agreement.
In the event of a warranty claim, RenderMall GmbH is obliged to replace the software or reduce or refund the purchase price. Further liability is excluded.
Liability for damage due to improper installation, use with incompatible software or hardware and/or incorrect application by the purchaser or a third party is excluded.
Also RenderMall GmbH assumes no liability for specific or direct/indirect damages or consequential damages (including and without limitation, damages for loss of profit, business interruption, loss of business information or any other monetary loss) arising from the use of the software.
§12 Product manufacturer’s warranty and liability
The manufacturer guarantees to be holder of all rights necessary for the production, distribution and use by end-users according to the license and thereby not violating any copyrights, patents and regulations.
He ensures that the products contain no viruses or malware.
Any special licensing arrangements are to be agreed upon with the manufacturer. RenderMall must be informed in writing of any such agreements.
§13 Retention of title
RenderMall GmbH and the respective goods manufacturer retain ownership of any goods supplied and paid, for as long as there are claims from the business relationship with the purchaser. Licenses are granted only after all claims are settled.
The buyer is entitled to dispose of the goods subject to our ownership rights in the ordinary course of business as long as he meets his obligations arising from the business relationship with RenderMall GmbH in a timely manner.
§14 Data storage
RenderMall has the right to store and process data received about the purchaser in accordance with the Federal Data Protection Act.
RenderMall GmbH is of course responsible for handling customer data. RenderMall guarantees that personal data are not passed on to other enterprises or third parties for business purposes.
§15 License terms
The license terms at the end of these terms and conditions apply to all products.
§16 Additions and amendments
RenderMall reserves the right to amend or extend these terms and conditions at any time.
The invalidity or unenforceability of individual points of these terms and conditions do not affect the effectiveness of the remaining provisions. A valid provision which most closely approximates the commercial implication of the invalid or unenforceable provision shall replace the invalid or unenforceable provision. The same applies in the event of a gap. Place of performance for all deliveries and payments and of jurisdiction shall be Düsseldorf, the registered office of RenderMall GmbH. The entire contractual relationship is governed by the law of the Federal Republic of Germany.
RenderMall GmbH is not the copyright holder of the software you purchased. Copyrights and vested titles are and remain with the respective products manufacturer. RenderMall GmbH has the right to distribute these software products. By shopping at RenderMall GmbH as well as by transferring free data such as demo downloads, licenses are granted for these products as described next. The customer acknowledges this license agreement by opening a box containing a disk with data from RenderMall GmbH or by starting to download a file from RenderMall GmbH.
1. Subject matter of the agreement
Subject matter of the agreement is any type of digital data received by the customer directly or indirectly from RenderMall GmbH, either by purchasing a disk, by downloading or by any other way. These data are hereinafter also called "software". This is provided for the user exclusively in accordance with the terms and conditions of RenderMall GmbH and this agreement. RenderMall GmbH points out that it is not possible with the current status of technology to create computer software that work correctly in all applications and combinations.
2. Scope of the right of use
RenderMall GmbH grants the user for the duration of the agreement the simple, not-exclusive and personal right of use (hereinafter also called “license”) of the software on a single computer. For use in a network with numerous computers at the same time, a multiple user license is necessary.
The licensee is allowed to make a backup copy of the software. This backup copy may not be passed on to third parties.
With this agreement, the licensee receives for the duration of the agreement the time-limited right to use for his intended purpose the disk with the software as well as the data made available to him electronically, without requiring any further rights to the software itself. Further use is not allowed. The actual products manufacturer reserves in particular all publication, reproduction and editing rights to the software. This reservation also extends to parts or sections of the software.
Arrangements which go beyond this license agreement are right from the outset null and void. Should further rights be required for special projects, a license specifically tailored to this case can be requested directly from the software's manufacturer or through RenderMall GmbH. Prices and conditions for this shall be revised on an individual basis and are not part of this license agreement. These need to be made in written form. The manufacturer and RenderMall GmbH are not obliged to grant such a further license.
All license rights, to which the products on RenderMall's webpage are subject, are only acquired after the end customer has transferred the equivalent amount of money to RenderMall. If a sale is cancelled, all license rights end immediately. This requires no explicit announcement.
3. Breach of contract
The licensee's right to use the software expires without a termination notice to the licensee, if the licensee violated a condition of this agreement. Upon termination of this agreement, the user is obliged to return the original disks including updates/upgrades to RenderMall GmbH at his expense.
The licensee undertakes to exempt RenderMall GmbH from all claims for damages or settle them, which, in turn, result directly or indirectly from a breach of contract.
4. Modification of data
The licensee has the right to adjust and change the data made available to him solely for his own needs.
5. Disclosure of information
The licensee is entitled to publish and relay the results obtained with the help of the software. These results are subject to a separate license agreement.
Excluded is the software itself as well as all its individual components or excerpts thereof. Adapted parts of the software by the licensee are also excluded.
Example: a film created using 3D plants and textures from RenderMall GmbH can be passed on, sold and licensed to others. Background 3D data and textures however cannot be passed on to others. If a customer has to publish this data, then he must obtain the necessary licenses from RenderMall GmbH.
Resale, publication or sublicensing of the software is prohibited in any form, as well as in excerpts, clips or in an altered form. Creating other commercial or non-commercial software products with the help of the software is prohibited.
6. Compensation for breach of contract
RenderMall shall take recourse against the licensee for any copyright infringements.
7. Terms of service
Οur latest terms of service, the current content of which is downloadable from our Web site www.rendermall.com, shall apply exclusively.
8. Warranty and liability
RenderMall GmbH guarantees to the licensee that at the time of data delivery (disk or download etc) the software runs properly for their purposes under correct operating conditions.
Furthermore, RenderMall GmbH assumes no liability for any software's defects. RenderMall GmbH assumes no liability whatsoever for the software meeting the licensee's requirements or for being completely compatible with others programs used by the licensee. Responsible for the correct selection, the expected results and the consequences of the use of software is solely the licensee, who uses this software. The same applies to the written explanatory material accompanying the software.
If the software is not basically suitable for the intended use, then the licensee shall have the right to rectification. If this is not possible in the short term, he can cancel the contract. In this case, the contracting parties are obliged to return any reciprocal received services. This right is enforceable within the first 14 days from the date of purchase. If there are no complaints within this period, then it is to assume that the software works.
RenderMall GmbH is not liable for damages arising directly or indirectly from the use of the software. Generally RenderMall GmbH is not liable for representations or warranties issued by RenderMall GmbH cooperating software dealers, unless there is this explanation or warranty which RenderMall GmbH has confirmed in writing.
The licensee has the obligation to examine the software for viruses or other harmful data, especially (but not exclusively) when he receives it electronically. RenderMall GmbH excludes any liability for damage caused by such data.
In any event, maximum compensation is 10 times the amount of the purchase price paid by the licensee.
9. Amendments and additions to the agreement
Any amendments or additions to these license terms and conditions shall require RenderMall GmbH’s express written confirmation.
10. Severability Clause
Should any provision of this agreement be or become invalid, the agreement's validity shall not be affected. The Contracting Parties are obligated to replace the invalid provision with a valid one that most closely approximates the economic effect of the invalid provision.
11. Place of delivery and jurisdiction
Place of performance for all obligations arising from the contractual relationship is Düsseldorf. The law of the Federal Republic of Germany applies to all disputes arising from this agreement and its completion. Düsseldorf is agreed upon as the exclusive place of jurisdiction.
RenderMall GmbH 2012