Terms and conditions of provision of digital content

1. General provisions

These terms and conditions (hereinafter referred to as: “the Terms and Conditions”) are to specify the rules and conditions of provision of digital content through the Internet website available on the following address […] (hereinafter referred to as: “the Website”).
The Terms and Conditions constitute terms and conditions referred to in Art. 8 of the act of 18 July 2002 on provision of services by electronic means (hereinafter referred to as: “the Act on provision of services by electronic means”).
The owner of the Website is Bartosz Grochulski who conducts business activity under the name “Merge Model Bartosz Grochulski” (address of the permanent place of business: ul. Jana Długosza 19, 86-300 Grudziądz), entered in to the Central Registration and Information on Business managed by the competent minister of economy, holder of NIP (Tax ID no.): 8762332414, REGON (National Business Registry Number): 388303636 (hereinafter referred to as: “the Provider”).
Contact with the Service Provider is possible by:

- electronic mail – e-mail address: […];
- standard mail – at the following address: ul. Jana Długosza 19, 86-300 Grudziądz;
- phone – phone number: +48 515 571 241.

As part of the conducted activity, the Provider:
- provides Subscribers with the Newsletter;
- provides Digital Product to Recipients.
Information on the Digital Content available on the Website constitutes an invitation to conclusion of an agreement pursuant to Art. 71 of the act of 23 April 1964, the Civil Code (hereinafter referred to as: “the Civil Code”).
Before starting to use the Website, the Customer shall be obligated to read the Terms and Conditions and the Privacy Policy.

2. Definitions

Words capitalized in the Terms and Conditions shall have the following meaning:

Provider - the term defined in § 1 section 3 of the Terms and Conditions;
Working Day - a day other than Saturday, Sunday or other non-working day pursuant to provisions of the Act of 18 January 1951 on holidays;
Customer – Recipient or Subscriber;
Civil Code - the term defined in § 1 section 6 of the Terms and Conditions;
Consumer - the natural person who performs a legal act with the Provider where such a legal act is not directly connected with their business or professional activity;
License – the term defined in § 7 section 1 of the Terms and Conditions;
Newsletter – digital content pursuant to the Act on consumer rights that contains commercial information regarding the ongoing activities of the Provider (including offers, surveys and information on webinars and courses organized by the Provider);
Inconsistency – shall be understood as inconsistence of the Digital Content with the Agreement regarding its provision (the assessment criteria for compliance of the Digital Content with the Agreement regarding its provision are provided for in Art. 43k sections 1-2 of the Act on consumer rights);
Recipient - a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights that concluded the Agreement for provision of Digital Product with the Provider or has taken action to conclude such an agreement;
Privacy Policy - the document which includes the information on the processing of personal data of the Customers by the Provider;
Entrepreneur - a natural person, legal person or an organizational unit without a legal personality that is granted legal capacity under special regulations that conducts economic or professional activity on their own behalf;
Entrepreneur with Consumer rights - a natural person that conducts business or professional activity on their own behalf who concluded with the Provider an Agreement directly connected to their business activity, however being of no professional nature for the said person, especially in terms of being the subject of the conducted business activity;
Terms and Conditions - the term defined in § 1 section 1 of the Terms and Conditions;
Subscriber – a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights that concluded the Newsletter Agreement with the Provider or has taken action to conclude such an agreement;
Digital Product - digital content according to the provisions of the Act on consumer rights that can be delivered to the Recipient, particularly files with 3D models;
Digital Content – Digital Product or Newsletter;
Agreement – the Agreement for provision of Digital Product or the Newsletter Agreement;
Newsletter Agreement – the agreement for provision of digital content pursuant to the Act on consumer rights under which the Provider is obligated to provide the Subscribed with the Newsletter, free of charge for an indefinite period, and the Subscriber is obligated to provide the Provider with personal data;
Agreement for provision of Digital Product - the agreement for provision of digital content pursuant to provisions of the Act on consumer rights under which the Provider shall be obligated to provide the Recipient with the Digital Product free of charge;
Act on consumer rights - the act of 30 May 2014 on consumer rights;
Act on provision of services by electronic means - the term defined in § 1 section 2 of the Terms and Conditions.

3. Technical requirements

For the purpose of the proper use of the Website by the Customers, all the following elements are required:
- Internet connection;
- devices that allow the use of Internet network resources;
- use of an Internet browser which allows for displaying hypertext documents connected in the Internet network via the WWW network service, compatible with JavaScript programming language and accepting cookie files;
- an active electronic mail account.
As part of the Website, the Customers must not use viruses, bots, computer worms or other computer codes, files or programs (especially those used for automation of script processes and applications or other codes, files or tools).
The Provider informs that they use cryptographic protection of electronic transfer and digital contents through the utilization of relevant logical, organizational and technical measures, particularly in order to prevent third-parties from accessing the data, including by means of SSL encryption, use of access passwords, anti-virus software and programs protecting against unwanted software.
The Provider informs that despite of the use of safety measures referred to in section 3 above, the use of the Internet network and services provided by electronic means is subject to the risk of malicious software getting access to the IT system and device of the Customer or unauthorized access to data on such devices by third persons. In order to minimize the said risk, the Provider recommends using anti-virus software or means protecting one's identity on the Internet.

4. Rules of use of the Website

The Customer shall be obligated to use the Website in accordance with commonly applicable regulations, provisions of the Terms and Conditions, as well as rules of morality.
Provision of illegal content by the Customer is prohibited.

5. Newsletter Agreement

In order to conclude the Newsletter Agreement, the Subscriber should provide the Provider with the electronic mail address and submit a declaration on their consent to receive the Newsletter, their statement that they have read the Terms and Conditions and the Privacy Policy and that they accept their provisions.
The actions indicated in section 1 above can take play in any manner, particularly the Subscriber can fill in the electronic form available on the Website.
The Newsletter Agreement shall be concluded for an indefinite period.
The Provider would like to inform that the Subscriber acknowledges the following:
- the delivered Newsletter shall not be subject to subsequent updates.
- the frequency and dates of delivery of Newsletters are not schedules in advance and will depend on the Provider's current situation.
The delivery of the Newsletter shall be carried out via electronic mail to the e-mail address specified by the Subscriber.
The Subscriber can at any time and for any reason terminate the Newsletter Agreement with immediate effect. Moreover, pursuant to Art. 27 et al. of the Act on consumer rights, the Subscriber who is a Consumer of an Entrepreneur with Consumer rights can withdraw from the Newsletter Agreement for convenience within 14 (fourteen) days from the date of its conclusion.
In order to withdraw from the Newsletter Agreement or to terminate it, regardless of the reasons, the Subscriber must submit to the Provider a proper declaration. The declaration referred to in the previous sentence can be submitted in the following manner:
- the Subscriber can click on the hyperlink that allows resigning from the Newsletter, where such hyperlink is provided with every Newsletter;
- the Subscriber can send to the Provider a declaration on withdrawal from the Newsletter Agreement or its termination via electronic mail. The declaration referred to in this point 2 can also be submitted by using the form in Appendix no. 2 to the Act on consumer rights.
The provider shall cease the provision of the Newsletter to the Subscriber immediately once the Subscriber carries out one of the actions indicated in section 7 above.

6. Agreement for provision of Digital Product

The Provider may give access to Digital Products through the Website that then can be downloaded by the Recipients free of charge. Moreover, the hyperlink used to download the Digital Product free of charge can be included in the Newsletter sent by the Provider.
The delivery of the Digital Product shall not require any personal data to be provided or any payments to be made by the Recipient in favor of the Provider.
If the Recipient wants to receive the Digital Product, they should:
1. find the selected Digital Product on the Website and then initiate (by clicking the designated button) the delivery of the Digital Product or
2. initiate the delivery of the Digital Product by clicking the hyperlink sent as part of the Newsletter.
When the Recipient carries out the action indicated in section 3 above, the Recipient and the Provider conclude the Agreement for provision of Digital Product.
The Digital Product shall be delivered to the Recipient immediately after the conclusion of the Agreement for provision of Digital Product by sending the Digital Product directly to the Recipient's device.
The Provider would like to advise and the Recipient hereby acknowledges that the delivered Digital Product shall not be subject to subsequent updates.
If the Digital Product is not delivered within the time indicated in section 5 above, the Recipient shall summon the Provider to deliver it. The order referred to in the previous sentence can be sent via electronic mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions. If the Provider does not deliver the Digital Product immediately after the receipt of the summons or within the additional deadline explicitly arranged with the Recipient, the Recipient shall have the right to withdraw from the Agreement for provision of Digital Product.
In order to withdraw from the Agreement for provision of Digital Product, the Recipient must submit to the Provider a declaration on withdrawal. The declaration referred to in the previous sentence can be sent via electronic mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions.
Provisions of sections 7-8 above shall refer only to Recipients who are Consumers or Entrepreneurs with Consumer rights.

7. License

Upon the delivery of the Digital Product to the Recipient, the Provider shall grant the Recipient the license for non-exclusive use of that Digital Product under conditions described in the Terms and Conditions (hereinafter referred to as: “the License”).
The License shall be granted for an indefinite period.
The License shall give the Recipient the right to use the Digital Product in the following areas of exploitation:
1. saving it in the memory of electronic devices that belong to the Recipient;
2. open and browse the Digital Product;
3. reproduce the Digital Product;
4. compilation of works regarding the Digital Product.
The Recipient can use the Digital Product in private and professional life and for the needs of their conducted business activity.

8. Complaints concerning Digital Content

Provisions of this § 8 shall only refer to:
- Customers who are Consumers or Entrepreneurs with Consumer rights;
- Inconsistency of the Digital Product with the Agreement for provision of Digital Product and Inconsistency of the Newsletter with the Newsletter Agreement.
The Digital Content delivered by the Provider to the Customer must comply with the Agreement regarding its provision:
- upon its delivery – when the Digital Content is delivered at one time or in parts;
- throughout the whole period of delivery of that particular Digital Content – when the Digital Content is delivered in a continuous manner.
The Provider shall be liable for Inconsistency:
- existing upon delivery of the Digital Content and disclosed within 2 (two) years from that moment - in a situation when the Digital Content is provided at one time or in parts;
- detected within the period of delivery of Digital Content - in a situation when the Digital Content is delivered on a continuous basis.
In case of Detected Inconsistency, the Customer shall have the right to file a complaint with the demand that the Digital Content must be adjusted to comply with the Agreement regarding its provision.
The complaint shall be reported by electronic mail, to the address indicated in § 1 section 4 point 1 of the Terms and Conditions.
The Complaint should include:
- the Customer's name and surname;
- the e-mail address;
- a description of the detected Inconsistency;
- the demand that the Digital Content must be adjusted to comply with the Agreement regarding its provision.
The Provider shall have the right to refuse to adjust the Digital Content to make it comply with the Agreement regarding its provision, if such adjustments are impossible or require excessive costs on the side of the Provider.
After consideration of the complaint, the Provider shall send the Customer a reply to the complaint in which:
- they accept the complaint and indicate the planned deadline of adjusting the Digital Content to make it comply with the Agreement regarding its provision;
- they refuse to adjust the Digital Content to make it comply with the Agreement regarding its provision due to reasons indicated in section 7 above;
- the Provider rejects the complaint as unjustified.
The Provider shall reply to the complaint by electronic mail within 14 (fourteen) days from the date on which they received it.
If the complaint is approved, the Provider shall bring the Digital Content to a state compliant with the Agreement regarding its provision, at their own expense, within a reasonable time from the date of receipt of the complaint and without excessive inconvenience for the Customer, taking into account the nature of the Digital Content and the purpose it is used for. The planned deadline of adjusting the Digital Content to make it comply with the Agreement regarding its provision shall be indicated by the Provider in the reply to the complaint.
In case of detected Inconsistency, subject to section 14 below, the Customer shall have the right to submit to the Provider the declaration on withdrawal from the Agreement when:
- it is impossible to adjust the Digital Content to comply with the Agreement regarding its provision or such adjustments require excessive costs;
- the Provider did not adjust the Digital Content to comply with the Agreement regarding its provision according to section 10 above;
- the Inconsistency still exists despite of the Provider's attempt to adjust the Digital Content to comply with the Agreement regarding its provision;
- the Inconsistency is so significant that it serves as justification for withdrawal from the Agreement regarding the provision of particular Digital Content without prior demand that the Provider must adjust the Digital Content to make it comply with the Agreement regarding its provision;
- based on the Providers statement or the circumstances, it is clear that the Provider shall not adjust the Digital Content to make it comply with the Agreement regarding its provision within a reasonable period or without excessive inconvenience for the Customer.
The declaration on withdrawal from the Agreement can be submitted through electronic mail, to the address indicated in § 1 section 4 point 1 of the Terms and Conditions.
The declaration on withdrawal from the Agreement should include the following:
- the Customer's name and surname;
- the e-mail address;
- the date of provision of the Digital Content;
- a description of the detected Inconsistency;
- indication of the reason for the declaration, selected from the reasons indicated in section 11 above;
- an explicit declaration on withdrawal from the Agreement.
The Customer shall not be able to withdraw from the Agreement for provision of Digital Content if the Inconsistency is irrelevant.
If the Subscriber withdraws from the Newsletter Agreement, the Provider shall cease provision of the Newsletter immediately after receiving the declaration on withdrawal from the Newsletter Agreement.
Pursuant to Art. 34 section 1a of the Act on consumer rights, when the Customer withdraws from the Agreement for provision of Digital Content, the Customer shall be obligated to cease the use of that Digital Content and stop providing access to it to third persons.

9. Intellectual property of the Provider

All the components of the Website, in particular:
1. the name of the Website;
2. the logo of the Website;
3. educational content available on the Website;
4. Digital Products;
5. principles of operation of the Website, all of its graphical elements, the interface, software, the source code and databases

- shall be subject to legal protection under provisions of the act of 4 February 1994 on copyright and derivative rights, the act of 30 June 2000 - the Industrial Property Law, the act of 16 April 1993 on combating unfair competition, and other regulations of commonly applicable law, including regulations of law of the European Union.

2. Any use of the Provider's intellectual property without the authorization under the Terms and Conditions or prior, explicit permission of the Provider shall be prohibited.

10. Processing of personal data

Information on the processing of personal data by the Provider can be found in the Privacy Policy available on: […].

11. Out-of-court settlement of disputes

Provisions of this § 11 refer only to Customers who are Consumers.
The Customer shall have the right to use out-of-court complaint and redress mechanisms.
Detailed information regarding the Customer's possibility to use out-of-court complaint and redress mechanisms and the rules of access to such mechanisms are available at registered offices and websites of:

district (municipal) consumer ombudsmen and social organizations the statutory tasks of which include protection of consumers;
the Voivodeship Inspectorate of Trade Inspection;
the Office of Competition and Consumer Protection.

The Customer can also use the online dispute resolution (ODR) platform available on: http://ec.europa.eu/consumers/odr/.

12. Changes in the Terms and Conditions

The Provider shall have the right to make changes in the Terms and Conditions in case of:
- a change in the Provider's scope of business;
- commenced provision of new services by the Provider, modification of the current services or their discontinuation;
- making technical modifications on the Website which require adjustments of the provisions of the Terms and Conditions;
- a legal obligation to make such changes, including an obligation to adjust the Terms and Conditions to the current legal situation.
The Customers shall receive information on the change in the Terms and Conditions through the publication of their amended version on the Website. Regardless of the above, the amended version of the Terms and Conditions shall be sent to Subscribers by electronic mail.
Agreements for Provision of Digital Product concluded before the effective date of the new Terms and Conditions shall be governed by provisions of the Terms and Conditions applicable at that particular time.
The Subscriber who does not agree to the change of the Terms and Conditions shall have the right to terminate the Newsletter Agreement with immediate effect within 7 (seven) days from the date of receiving the amended version of the Terms and Conditions. Lack of termination shall be considered as acceptance of the change in the Terms and Conditions.
In order to terminate the Newsletter Agreement, the Subscriber must submit to the Provider the declaration on termination of the said Agreement. The declaration referred to in the previous sentence can be sent via electronic mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions.
The Provider shall cease provision of the Newsletter immediately after the receipt of the declaration referred to in section 5 above.

13. Final Provisions

The current version of the Terms and Conditions shall apply from […].