Legal Information

Content

1. Applicability
2. Offers, service descriptions
3. Order process, conclusion of the contract
4. Prices, delivery costs
5. Delivery, product availability
6. Terms of payment
7. Product warranty, guarantee
8. Liability
9. Storage of the contract itself
10. Closing remarks

1. Applicability

1.1. The business relationship between Item3D GbR, ***straße 10, 53757 Sankt Augustin (hereinafter referred to as the “vendor”) and the customer (hereinafter referred to as the “customer”) is exclusively governed by the following General Terms and Conditions in the version valid at the time of order placement.
1.2. Please address any questions or complaints to our customer service department via email to info@item3d.com.
1.3. These General Terms and Conditions deem a consumer to be any natural person who completes a legal transaction for purposes that are for the most part not attributable to any professional activity of either a commercial or self-employed nature they engage in (as defined in § 13 BGB).
1.4. Neither the customer’s own terms and conditions nor any other terms and conditions that deviate from these General Terms and Conditions will be honoured unless the vendor expressly consents to the validity thereof.

2. Offers, service descriptions

The display of products in the online shop is to be equated with an invitation to place an order and not a legally binding offer. Service descriptions included in catalogues or on the vendor’s websites are not to be equated with either a promise or a guarantee.
All offers are valid “as long as stocks last” unless otherwise stated in the respective product description. Errors excepted.

3. Order process, conclusion of the contract

3.1. The customer is free to select the products of their choice from the vendor’s product range and gather them together in a so-called “basket” using the „Add to basket“ button. The customer can then proceed to their basket and amend their selection as required, for example by removing a product from the basket. Once they are happy with their selection the customer can proceed to the final step in the order process using the „Proceed to checkout“ or „Checkout“ button.
3.2. When the customer clicks the „Place binding order“ button, they make a binding request to buy the goods currently in their basket. Prior to order placement the customer is able to view and amend their order data at any time and can also use their browser’s “Back” function to return to their basket or abort the order process. Essential entries are marked with an asterisk (*).
3.3. The vendor responds by emailing the customer an automatic confirmation of receipt; the email recapitulates the order placed by the customer and can be printed using the “Print” function (order confirmation). The automatic confirmation of receipt only documents the receipt of the customer’s order by the vendor and is not to be equated with order acceptance. A binding purchase contract is only deemed to be concluded if the vendor dispatches or hands over the product ordered to the customer within 2 days or confirms the dispatch of the product ordered within 2 days by sending the customer a second email, order confirmation or an invoice.

4. Prices, delivery costs

4.1. All prices indicated on the vendor’s website are exclusive of statutory value-added tax (VAT) at the valid rate.

5. Delivery

5.1. All offered products are exclusively digital products which the customer can access after the invoiced amount has been paid in full. The product will not be sent by e-mail, but can be downloaded in the customers personal account area on the Item3D website.

6. Terms of payment

6.1. The customer is free to select one of the available payment types during the order process; their selection is made prior to completion of the order process. Customers are informed about available payment types on a separate webpage.
6.2. If payment on account is available payment must be made within 30 days of receipt of the goods and the corresponding invoice. Full payment must be made in advance in the case of all other payment types.
6.3. If third-party providers are commissioned to process the payment (e.g. PayPal) the general terms and conditions operated by those providers apply.
6.4. If the due date by which payment must be made is defined as a calendar date the customer will be deemed to be in arrears as soon as they fail to comply with that due date and be liable for statutory interest on arrears.
6.5. The customer’s obligation to pay interest on arrears does not preclude the enforcement of other claims for delay-related damages by the vendor.
6.6. The customer only has the right to set-off if their counterclaims are legally valid or acknowledged by the vendor. The customer can only enforce a right of retention if their claims result from the same contractual relationship as the vendor’s claims.

7. Product warranty and guarantee

7.1. The vendor offers a warranty as required under statutory regulations.
7.2. The goods supplied by the vendor are only subject to a guarantee if the customer was expressly informed of such a guarantee and the terms thereof prior to the commencement of the order process.

8. Liability

8.1. The following exclusions and restrictions of liability in connection with the vendor’s liability for compensation apply irrespective of other statutory eligibility criteria.
8.2. The vendor is liable without restriction if damage was caused with wilful intent or gross negligence.
8.3. The vendor is also liable for minor negligence leading to the violation of fundamental obligations whose violation jeopardises the fulfilment of the contractual purpose and the violation of obligations whose fulfilment is a prerequisite for the proper performance of the contract and can normally be relied upon by the customer. In this case the vendor’s liability is nevertheless restricted to foreseeable damage typical to the type of contract involved. The vendor is not liable for minor negligence leading to the violation of obligations other than those mentioned in the previous sentences.
8.4. The above restrictions of liability do not apply to damage to life, limb or health, defects identified after the acceptance of a guarantee regarding the nature of the product or defects kept secret with wilful deceit. Liability under the terms of the German Act on Liability for Defective Products remains unaffected.
8.5. Insofar as the vendor’s liability is excluded or restricted, such exclusion and/or restriction also applies to the personal liability of employees, representatives and agents.

9. Storage of the contract itself

9.1. The customer is able to print out the contract with the aid of their browser’s print function during the last step of the order process (i.e. prior to placing their order with the vendor).
9.2. The vendor will also send the customer an order confirmation containing all order data to the email address provided by the customer. In addition, the customer will receive a copy of the vendor’s general terms and conditions (including the vendor’s cancellation policy and information on the vendor’s terms of shipping and payment) along with the order confirmation or upon delivery of the goods at the latest. If you have registered with our shop you can view the orders you have placed, as well as your downloads, in your profile. We also store the contract in your profile but do not make it accessible on the internet.

10. Closing remarks

10.1. The legal domicile and place of fulfilment is the vendor’s headquarters insofar as the customer is a businessperson, a legal entity under public law or a special asset under public law.
10.2. The language of the contract is German.
10.3. European Commission consumer platform for Online Dispute Resolution (ODR): http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.53757 Sankt Augustin

Introduction

With the following data protection declaration we would like to inform you about the types of personal data (hereinafter also referred to as “data”) we process, for what purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both in the context of providing our services and, in particular, on our websites, mobile, as well as within external online presences, such as our social media profiles (hereinafter also referred to collectively as “online offer”).
The terms used are not gender-specific.
State: May 31st 2021

Contents overview

• Introduction
• Responsible person
• Overview of the processing operations
• Contact data protection officer
• Relevant legal bases
• Security measures
• Transmission and disclosure of personal data
• Processing of data in third countries
• Use of cookies
• Commercial and business services
• Payment service provider
• Provision of the online offer and web hosting
• Contact
• Newsletter and electronic notifications
• Presence in social networks (social media)
• Plugins and embedded functions and content
• Deletion of data
• Change and update of the privacy policy
• Rights of the persons concerned
• Definitions of terms

Responsible person

Ramen Afschar, Item3D GbR
***strasse 10
53757 Sankt Augustin
Germany

Authorized representatives: Ramen Afschar (shareholder/owner)
E-Mail address: info@item3d.com
Imprint: www.item3d.com/legal/

Contact data protection officer

Ramen Afschar, Item3D GbR
***strasse 10
53757 Sankt Augustin
Germany

Overview of the processing operations

The following table summarises the types of data processed and the purposes of their processing, and refers to the data subjects.

Types of data processed

• Stock data (e.g. names, addresses).
• Content data (e.g. entries in online forms).
• Contact details (e.g. e-mail, telephone numbers).
• Meta/communication data (e.g. device information, IP addresses).
• Usage data (e.g. websites visited, interest in content, access times).
• Location data (information on the geographical position of a device or person).
• Contract data (e.g. object of contract, duration, customer category).
• Payment data (e.g. bank details, invoices, payment history).

Categories of data subjects

• Business and contractual partners.
• Interested parties.
• Communication partner.
• Customers.
• Users (e.g. website visitors, users of online services).

Purpose of the processing

• Evaluation of creditworthiness and credit rating.
• Provision of our online offer and user-friendliness.
• Visitation evaluation.
• Office and organisational procedures.
• Cross-Device Tracking (cross-device processing of user data for marketing purposes).
• Direct marketing (e.g. by e-mail or by post).
• Interest-based and behavioral marketing.
• Contact requests and communication.
• Conversion measurement (measurement of the effectiveness of marketing measures).
• Profiling (creating user profiles).
• Remarketing.
• Range measurement (e.g. access statistics, recognition of returning visitors).
• Security measures.
• Tracking (e.g. interest/behavioural profiling, use of cookies).
• Provision of contractual services and customer service.
• Manage and respond to requests.
• Target group formation (determination of target groups relevant for marketing purposes or other output of content).

Automated decisions in individual cases

• Credit information (decision based on a credit assessment).

Relevant legal bases

In the following, we provide the legal basis of the basic data protection regulation (GDPR), on the basis of which we process personal data. Please note that in addition to the regulations of the GDPR, national data protection regulations may apply in your or our country of residence and domicile. If, in addition, more specific legal bases are applicable in individual cases, we will inform you of these in the data protection declaration.

• Consent (Art. 6 para. 1 sentence 1 lit. a. GDPR) – The data subject has given his/her consent to the processing of personal data relating to him/her for one or more specific purposes.
• Contract performance and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR) – Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
• Legal obligation (Art. 6 para. 1 sentence 1 lit. c. GDPR) – The processing is necessary for compliance with a legal obligation to which the controller is subject.
• Legitimate interests (Art. 6 para. 1 sentence 1 letter f. GDPR) – The processing is necessary in order to protect the legitimate interests of the controller or of a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data.

Security measures

We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, in order to ensure a level of protection commensurate with the risk.
Such measures shall include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as the access, input, disclosure, safeguarding of availability and segregation of data relating to them. Furthermore, we have established procedures to ensure that data subjects’ rights are exercised, data is deleted, and responses are made to any threats to the data. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes in accordance with the principle of data protection, by designing technology and by using data protection-friendly default settings.

SSL encryption (https): To protect your data transmitted via our online offer, we use SSL encryption. You can recognize such encrypted connections by the prefix https:// in the address line of your browser.

Transmission and disclosure of personal data

In the course of our processing of personal data, it may happen that the data is transferred to or disclosed to other bodies, companies, legally independent organisational units or persons. The recipients of this data may include, for example, payment institutions in the context of payment transactions, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases we observe the legal requirements and in particular conclude appropriate contracts or agreements with the recipients of your data which serve to protect your data.

Data processing in third countries

If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or if the processing takes place in the context of the use of services of third parties or the disclosure or transfer of data to other persons, bodies or companies, this will only take place in accordance with the legal requirements.
Subject to express consent or transmission required by contract or by law, we will only process or allow data to be processed in third countries with a recognised level of data protection, contractual obligation through so-called standard protection clauses of the EU Commission, where certifications or binding internal data protection regulations exist (Art. 44 to 49 GDPR, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).

Use of cookies

Cookies are text files that contain data from visited websites or domains and are stored by a browser on the user’s computer. A cookie is primarily used to store information about a user during or after his visit within an online offer. The stored information may include, for example, the language settings on a website, the login status, a shopping cart or the location where a video was viewed. The term “cookies” also includes other technologies that perform the same functions as cookies (e.g., when user information is stored using pseudonymous online identifiers, also referred to as “user IDs”).

The following cookie types and functions are distinguished:

• Temporary cookies (also: session or session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed his browser.
• Permanent cookies: Permanent cookies remain stored even after closing the browser. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, the interests of users used for reach measurement or marketing purposes can be stored in such a cookie.
• First-Party-Cookies: First-party cookies are set by ourselves.
• Third-Party-Cookies: Third party cookies are mainly used by advertisers (so-called third parties) to process user information.
• Necessary (also: essential or absolutely necessary) cookies: Cookies may be absolutely necessary for the operation of a website (e.g. to store logins or other user entries or for security reasons).
• Statistical, marketing and personalization cookies: In addition, cookies are generally also used in the context of range measurement and when the interests of a user or his behaviour (e.g. viewing certain content, using functions etc.) on individual web pages are stored in a user profile. Such profiles are used to show users e.g. content that corresponds to their potential interests. This procedure is also known as “tracking”, i.e. following the potential interests of users. . If we use cookies or “tracking” technologies, we will inform you separately in our privacy policy or when you give your consent.

Notes on legal bases: The legal basis on which we process your personal data using cookies depends on whether we ask you for your consent. If this is the case and you consent to the use of cookies, the legal basis for processing your data is the declared consent. Otherwise, the data processed with the aid of cookies will be processed on the basis of our legitimate interests (e.g. in the business operation of our online offer and its improvement) or, if the use of cookies is necessary to fulfil our contractual obligations.

Storage duration: Unless we provide you with explicit information on the storage duration of permanent cookies (e.g. within the framework of a so-called cookie opt-in), please assume that the storage duration can be up to two years.

General information on withdrawal and opposition (opt-out): Depending on whether the processing is based on consent or legal permission, you may at any time revoke any consent you have given or object to the processing of your data by cookie technologies (collectively referred to as “opt-out”). You can initially declare your objection by means of the settings of your browser, e.g. by deactivating the use of cookies (although this may also restrict the functionality of our online service). An objection to the use of cookies for online marketing purposes can also be declared by means of a variety of services, especially in the case of tracking, via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/. In addition, you can receive further notices of objection in the context of the information on the service providers and cookies used.

Processing of cookie data based on consent: Before we process or allow data to be processed in the context of the use of cookies, we ask users for their consent, which can be revoked at any time. Before the consent has not been given, cookies are used if necessary, which are absolutely necessary for the operation of our online offer.

Cookie settings/confirmation:

Manage consent

• Processed data types: Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
• Persons concerned: Users (e.g. website visitors, users of online services).
• Legal basis: Consent (Art. 6 para. 1 sentence 1 letter a. GDPR), legitimate interests (Art. 6 para. 1 sentence 1 letter f. GDPR).

Commercial and business services

We process data of our contractual and business partners, e.g. customers and prospective customers (collectively referred to as “contractual partners”) within the scope of contractual and comparable legal relationships as well as associated measures and within the scope of communication with the contractual partners (or pre-contractual), e.g. to answer inquiries.
We process this data for the purpose of fulfilling our contractual obligations, securing our rights and for the purposes of the administrative tasks associated with this information and for the purposes of the company’s business organisation. Within the framework of the applicable law, we only pass on the data of the contractual partners to third parties to the extent that this is necessary for the aforementioned purposes or to fulfil legal obligations or with the consent of the persons concerned (e.g. to involved telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). The contractual partners will be informed about other forms of processing, e.g. for marketing purposes, within the scope of this data protection declaration.
We will inform the contractual partners which data is required for the above-mentioned purposes before or within the scope of data collection, e.g. in online forms, by means of special marking (e.g. colours) or symbols (e.g. asterisks or similar), or personally.
We delete the data after expiry of legal warranty and comparable obligations, i.e., in principle after 4 years, unless the data is stored in a customer account, e.g., as long as it must be kept for legal archiving reasons (e.g., for tax purposes usually 10 years). We will delete data that has been disclosed to us by the contractual partner within the scope of an order in accordance with the specifications of the order, generally after the end of the order.
If we use third-party providers or platforms to provide our services, the terms and conditions and data protection information of the respective third-party providers or platforms apply in the relationship between the users and the providers.
Customer account: Contracting parties can create an account within our online offer (e.g. customer or user account, in short “customer account”). If the registration of a customer account is required, contractual partners are informed of this as well as of the information required for registration. The customer accounts are not public and cannot be indexed by search engines. Within the scope of registration and subsequent logins and use of the customer account, we store the IP addresses of the customers together with the access times in order to be able to prove the registration and prevent possible misuse of the customer account.
If customers have cancelled their customer account, the data concerning the customer account will be deleted, subject to the retention of such data being required for legal reasons. It is the responsibility of the customers to secure their data when the customer account is cancelled.
Economic analyses and market research: For business management reasons and in order to be able to identify market trends, wishes of contractual partners and users, we analyse the data available to us on business transactions, contracts, enquiries, etc., whereby the group of persons concerned may include contractual partners, interested parties, customers, visitors and users of our online offer.
The analyses are carried out for the purpose of business management evaluations, marketing and market research (e.g. to determine customer groups with different characteristics). In doing so, we can, if available, take into account the profiles of registered users including their details, e.g. on services used. The analyses serve solely to serve us and are not disclosed externally, unless they are anonymous analyses with summarised, i.e. anonymised, values. Furthermore, we respect the privacy of the users and process the data for analysis purposes as pseudonymously as possible and, if feasible, anonymously (e.g. as summarized data).
Shop and e-commerce: We process the data of our customers in order to enable them to select, purchase or order the selected products, goods and related services, as well as their payment and delivery or execution. If necessary for the execution of an order, we use service providers, in particular postal, forwarding and shipping companies, in order to carry out the delivery or execution for our customers. For the processing of payment transactions we use the services of banks and payment service providers. The required information is marked as such within the scope of the order or comparable acquisition process and includes the information required for delivery, or provision and invoicing, as well as contact information in order to be able to make any necessary arrangements.

• Processed data types: Inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contact data (e.g. e-mail, telephone numbers), contract data (e.g. subject matter of contract, duration, customer category), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
• Persons concerned: Interested parties, business and contractual partners, customers.
• Purpose of the processing: Provision of contractual services and customer service, contact enquiries and communication, office and organisational procedures, management and response to enquiries, security measures, visitor action evaluation, interest based and behavioural marketing, profiling (creation of user profiles)
• Legal basis: Fulfilment of contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR), Legal obligation (Art. 6 para. 1 sentence 1 lit. c. GDPR), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR)

Payment service provider

Within the scope of contractual and other legal relationships, due to legal obligations or otherwise based on our legitimate interests, we offer the persons concerned efficient and secure payment options and use other payment service providers in addition to banks and credit institutions (collectively “payment service providers”).
The data processed by the payment service providers include inventory data, such as name and address, bank data, such as account or credit card numbers, passwords, TANs and checksums, as well as contract, sum and recipient related data. These details are required to carry out the transactions. However, the data entered is only processed by the payment service providers and stored by them. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information about the payment. Under certain circumstances, the payment service providers may transfer the data to credit agencies. The purpose of this transmission is to check identity and creditworthiness. In this regard we refer to the General Terms and Conditions and the data protection information of the payment service providers.
For payment transactions, the terms and conditions and the data protection information of the respective payment service providers apply, which can be accessed within the respective websites or transaction applications. We also refer to these for further information and the assertion of rights of revocation, information and other rights of affected persons.

• Data types processed: Inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contract data (e.g. subject matter of contract, duration, customer category), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses)
• Persons concerned: Customers, prospects.
• The purposes of the processing: Provision of contractual services and customer service.
• Legal bases: Fulfilment of contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR)

Used services and service providers:

• PayPal: Payment services and solutions (e.g. PayPal, PayPal Plus, Braintree); service providers: PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg; Website: https://www.paypal.com/de; Privacy policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

Provision of the online offer and web hosting

In order to provide our online services securely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online services can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services, and security and technical maintenance services.
The data processed within the framework of the provision of the hosting offer may include all data relating to the users of our online offer, which are generated within the framework of use and communication. This regularly includes the IP address, which is necessary to be able to deliver the contents of online offers to browsers, and all entries made within our online offer or from websites.
E-mail dispatch and hosting: The web hosting services we use also include the sending, receiving and storage of e-mails. For these purposes, the addresses of the recipients and senders as well as other information concerning the sending of e-mails (e.g. the providers involved) and the contents of the respective e-mails are processed. The aforementioned data may also be processed for the purpose of SPAM detection. Please note that e-mails on the Internet are generally not sent in encrypted form. As a rule, e-mails are encrypted in transit, but (unless an end-to-end encryption method is used) not on the servers from which they are sent and received. We can therefore not assume any responsibility for the transmission path of the e-mails between the sender and the reception on our server.
Collection of access data and log files: We ourselves (or our web hosting provider) collect data on every access to the server (so-called server log files). Server log files may include the address and name of the web pages and files accessed, date and time of access, data volume transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider.
The server log files can be used for security purposes, e.g. to avoid overloading the servers (especially in the case of abusive attacks, so-called DDoS attacks) and to ensure the capacity utilisation of the servers and their stability.

• Processed data types: Content data (e.g. entries in online forms), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses)
• Persons concerned: Users (e.g. website visitors, users of online services).
• Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 letter f. GDPR).

Contact

When contacting us (e.g. via contact form, e-mail, telephone or via social media), the data of the inquiring persons will be processed to the extent necessary to answer the contact inquiries and any requested measures.
The answering of contact inquiries within the scope of contractual or pre-contractual relations is carried out in order to fulfil our contractual obligations or to answer (pre)contractual inquiries and otherwise on the bases of the legitimate interest in answering the inquiries.

• Data types processed: Inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. entries in online forms), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses)
• Persons concerned: Communication partners, interested parties.
• Purpose of the processing: Contact requests and communication, management and response to requests.
• Legal basis: Fulfilment of contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).

Newsletter and electronic notifications

We send newsletters, e-mails and other electronic notifications (hereinafter referred to as “newsletters”) only with the consent of the recipients or a legal permission. If the contents of the newsletter are specifically described in the context of a registration for the newsletter, they are decisive for the consent of the users. Furthermore, our newsletters contain information about our services and us.
To register for our newsletters, it is generally sufficient to provide your e-mail address. However, we may ask you to provide a name for the purpose of personal contact in the newsletter, or other details if these are necessary for the purposes of the newsletter.
Double opt-in procedure: The registration for our newsletter is always done in a so-called double opt-in procedure. This means that after registration you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with foreign e-mail addresses. The newsletter registrations are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored by the shipping service provider are also logged.
Deletion and limitation of processing:We may store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time. In case of obligations to permanently observe contradictions, we reserve the right to store the e-mail address in a blacklist for this purpose alone.
The logging of the registration procedure is based on our legitimate interests for the purpose of proving that it has been carried out properly. If we commission a service provider to send e-mails, this is done on the basis of our legitimate interests in an efficient and secure sending system.
Notes on legal bases: The sending of newsletters is based on the consent of the recipients or, if consent is not required, on our legitimate interests in direct marketing, if and to the extent permitted by law, e.g. in the case of existing customer advertising. If we commission a service provider to send e-mails, this is done on the basis of our legitimate interests. The registration process is recorded on the basis of our legitimate interests in order to prove that it was carried out in accordance with the law.
Content: Information about us, our services, actions and offers.
Analysis and performance measurement: The newsletters contain a so-called “web beacon”, i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened, or, if we use a mailing service provider, from their server. Within the scope of this retrieval, technical information such as information on the browser and your system, as well as your IP address and the time of the retrieval, is initially collected.
This information is used for the technical improvement of our newsletter based on the technical data or the target groups and their reading behaviour on the basis of their retrieval locations (which can be determined by means of the IP address) or the access times. This analysis also includes determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our intention nor, if used, that of the mailing service provider to observe individual users. Rather, the evaluations serve us to recognise the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
The evaluation of the newsletter and the measurement of success are carried out, subject to the express consent of the users, on the basis of our legitimate interests for the purpose of using a user-friendly and secure newsletter system that serves our business interests and meets the expectations of the users.
A separate revocation of the performance measurement is unfortunately not possible. In this case, the entire newsletter subscription must be cancelled or objected to.

• Data types processed: inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), meta/communication data (e.g. device information, IP addresses), usage data (e.g. websites visited, interest in content, access times).
• Persons concerned: Communication partners.
  Purpose of the processing: Direct marketing (e.g. by e-mail or post).
• Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a. GDPR), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).
• Right of appeal (opt-out): You can cancel the receipt of our newsletter at any time, i.e. revoke your consent or object to further receipt. You will find a link to cancel the newsletter either at the end of each newsletter or you can use one of the above mentioned contact options, preferably e-mail.

Used services and service providers:

• Mailchimp: E-Mail-Marketing-Plattform; Service Provider: “Mailchimp” – Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA; Website: https://mailchimp.com; Privacy policy: https://mailchimp.com/legal/privacy/.

Presence in social networks (social media)

We maintain online presences within social networks and process user data in this context in order to communicate with the users active there or to offer information about us.
Please note that user data may be processed outside the European Union. This can result in risks for the users, because the enforcement of the users’ rights could be made more difficult.
Furthermore, user data within social networks are usually processed for market research and advertising purposes. Thus, for example, user profiles can be created on the basis of user behaviour and the resulting interests of the users. The user profiles can in turn be used, for example, to place advertisements within and outside the networks that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users’ computers, in which the usage behaviour and interests of the users are stored. Furthermore, data may also be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).
For a detailed description of the respective forms of processing and the possibilities of objection (opt-out), we refer to the data protection declarations and information provided by the operators of the respective networks.
Also in the case of requests for information and the assertion of data subject rights, we point out that these can be most effectively asserted with the providers. Only the providers have access to the data of the users in each case and can directly take appropriate measures and provide information. Should you nevertheless require assistance, you can contact us.

• Data types processed: Inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. entries in online forms), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses)
• Persons concerned: Users (e.g. website visitors, users of online services).
• Purpose of the processing: Contact requests and communication, tracking (e.g. interest/behavioural profiling, use of cookies), remarketing, reach measurement (e.g. access statistics, recognition of returning visitors).
• Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 letter f. GDPR).

Used services and service providers:

• Instagram: Social network; service provider: Instagram Inc, 1601 Willow Road, Menlo Park, CA, 94025, USA; website: https://www.instagram.com; Privacy policy: https://instagram.com/about/legal/privacy.
• Facebook: Soziales Netzwerk; Dienstanbieter: Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland, Parent company: Facebook, 1 Hacker Way, Menlo Park, CA 94025, USA; Website: https://www.facebook.com; Privacy policy: https://www.facebook.com/about/privacy; Right of appeal (Opt-Out): Settings for advertisements: https://www.facebook.com/settings?tab=ads; Additional privacy notices: Agreement on joint processing of personal data on Facebook pages: https://www.facebook.com/legal/terms/page_controller_addendum, Privacy notices for Facebook pages: https://www.facebook.com/legal/terms/information_about_page_insights_data.
• Twitter: Social network; service provider: Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA; Privacy Policy: https://twitter.com/de/privacy, (Settings) https://twitter.com/personalization.
• YouTube: Social network; service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; Privacy Policy: https://policies.google.com/privacy; Opt-out: https://adssettings.google.com/authenticated.

Plugins and embedded functions and content

We include in our online offer functional and content elements that are obtained from the servers of their respective providers (hereinafter referred to as “third party providers”). These can be, for example, graphics, videos or social media buttons and contributions (hereinafter referred to uniformly as “content”).
The integration always presupposes that the third party providers of these contents process the IP address of the users, as without the IP address they would not be able to send the contents to their browsers. The IP address is therefore required for the display of these contents or functions. We make every effort to use only such content whose respective providers use the IP address only to deliver the content. Third party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain technical information about the browser and operating system, the websites to be linked, the time of visit and other details about the use of our online offer, as well as being linked to such information from other sources.
Notes on legal bases: If we ask the users for their consent to the use of the third party providers, the legal basis for the processing of data is the consent. Otherwise, the users’ data will be processed on the basis of our legitimate interests (i.e. interest in efficient, economic and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this privacy policy.

• Data types processed: Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses), location data (information on the geographical position of a device or person), content data (e.g. entries in online forms), inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers).
• Persons concerned: Users (e.g. website visitors, users of online services), communication partners.
  Purpose of the processing: Provision of our online services and user-friendliness, provision of contractual services and customer service, contact requests and communication, tracking (e.g. interest/behavioural profiling, use of cookies), interest-based and behavioural marketing, profiling (creation of user profiles), security measures, administration and response to requests.
• Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR), consent (Art. 6 para. 1 sentence 1 lit. a. GDPR), performance of the contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR).

Used services and service providers:

• Facebook plugins and content: Facebook social plugins and content – This can include content such as images, videos or text and buttons that allow users to share content from this online offering within Facebook. The list and appearance of Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/; service provider: https://www.facebook.com, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, parent company: Facebook, 1 Hacker Way, Menlo Park, CA 94025, USA; website: https://www.facebook.com; Privacy policy: https://www.facebook.com/about/privacy; Opt-out: advertising settings: https://www.facebook.com/settings?tab=ads.
• Google Fonts: We integrate the fonts (“Google Fonts”) of the provider Google, whereby the data of the users are used solely for the purpose of displaying the fonts in the browser of the users. The integration is based on our legitimate interests in a technically secure, maintenance-free and efficient use of fonts, their uniform presentation and taking into account possible licensing restrictions for their integration. Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; website: https://fonts.google.com/; Privacy Policy: https://policies.google.com/privacy.
• Twitter plugins and content: Twitter plug-ins and buttons – These can include content such as images, videos or text and buttons that allow users to share content from this online offering within Twitter. Service provider: Twitter Inc, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA; website: https://twitter.com/de; privacy policy: https://twitter.com/de/privacy.
• YouTube videos: Video content; service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; website: https://www.youtube.com; Privacy policy: https://policies.google.com/privacy; Opt-out: Opt-out plug-in: https://tools.google.com/dlpage/gaoptout?hl=de, Settings for the display of advertising: https://adssettings.google.com/authenticated.

Deletion of data

The data processed by us will be deleted in accordance with the legal requirements as soon as their consent permitted for processing is revoked or other permissions cease to apply (e.g. if the purpose for which the data were processed ceases to apply or if they are not necessary for the purpose).
Unless the data are deleted because they are required for other and legally permissible purposes, their processing is limited to these purposes. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law or that must be stored for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person.
Further information on the deletion of personal data can also be provided in the individual data protection notes of this data protection declaration.

Amendment and update of the privacy policy

We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary for you to take action to cooperate (e.g. to give your consent) or to receive other individual notification.
If we provide addresses and contact information of companies and organisations in this privacy policy, please note that the addresses may change over time and please check the information before contacting us.

Rights of data subjects

As data subjects, you are entitled to various rights under the GDPR, which result in particular from Art. 15 to 21 GDPR:

• Right of objection: You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data relating to you which is carried out pursuant to Art. 6 (1) (e) or (f) DPA; this also applies to profiling based on these provisions. If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.
• Right of withdrawal for consents: You have the right to revoke your consent at any time.
• Right of access to information: You have the right to obtain confirmation as to whether or not data in question is being processed and to obtain information on such data, as well as further information and a copy of the data in accordance with legal requirements.
• Right of rectification: In accordance with the law, you have the right to request the completion of the data concerning you or the correction of incorrect data concerning you.
• Right of cancellation and limitation of processing: In accordance with the statutory provisions, you have the right to demand that data concerning you be deleted immediately, or alternatively, in accordance with the statutory provisions, to demand that the processing of the data be restricted.
• Right to data transferability: You have the right, in accordance with legal requirements, to receive data concerning you that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another responsible party.
• Complaint to the supervisory authority: You also have the right, in accordance with the statutory provisions, to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of suspected infringement, if you believe that the processing of personal data concerning you is in breach of the GDPR.

Definitions of terms

This section provides an overview of the terms used in this privacy policy. Many of the terms are taken from the law and are defined above all in Art. 4 GDPR. The legal definitions are binding. The following explanations, on the other hand, are primarily intended to help you understand them. The terms are sorted alphabetically.

• Conversion Tracking: “Conversion Tracking” means a procedure to determine the effectiveness of marketing activities. For this purpose, a cookie is usually stored on the user’s devices within the websites on which the marketing measures are carried out and then retrieved again on the target website. For example, we can use this to track whether the ads we have placed on other websites have been successful).
• Credit rating information: Automated decisions are based on automatic data processing without human intervention (e.g. in the case of an automatic rejection of a purchase on account, an online credit application or an online application procedure without any human intervention. According to Art. 22 DPA, such automated decisions are only permissible if data subjects give their consent, if they are necessary for the performance of a contract or if national laws permit such decisions.
• Cross-Device Tracking: Cross-device tracking is a form of tracking in which the behavioral and interest information of users is recorded across devices in so-called profiles by assigning users an online identifier. This allows the user information to be analyzed for marketing purposes, regardless of the browser or device used (e.g. mobile phones or desktop computers). With most providers, the online identification is not linked to clear data, such as names, postal or e-mail addresses.
• IP-Masking: IP masking is a method of deleting the last octet, i.e. the last two numbers of an IP address, so that the IP address can no longer be used to uniquely identify a person. IP masking is therefore a means of pseudonymising processing methods, especially in online marketing
• Interest based and behavioral marketing: One speaks of interest-based and/or behavioral marketing when the potential interests of users in advertisements and other content are predetermined as precisely as possible. This is done on the basis of information about their previous behaviour (e.g. visiting and staying on certain websites, buying behaviour or interaction with other users), which is stored in a so-called profile. As a rule, cookies are used for these purposes.
• Conversion measurement: Conversion measurement is a method to determine the effectiveness of marketing measures. For this purpose, a cookie is usually stored on the users’ devices within the websites on which the marketing measures take place and then retrieved again on the target website. For example, this enables us to track whether the ads we have placed on other websites have been successful.
• Personal data: “personal data” shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person
• Profiling: Profiling is any automated processing of personal data that consists of using personal data to analyse, evaluate or predict certain personal aspects relating to a natural person (depending on the type of profiling, this may include information on age, gender, location and movement data, interaction with websites and their content, shopping behaviour, social interactions with other people) (e.g. interests in certain content or products, click behaviour on a website or location). Cookies and web beacons are often used for profiling purposes.
• Range measurement: Reach measurement (also known as web analytics) is used to evaluate the flow of visitors to an online offering and can include the behaviour or interests of visitors in certain information, such as the content of websites. With the help of reach analysis, website owners can, for example, identify at what time visitors visit their website and what content they are interested in. This enables them to better adapt the contents of the website to the needs of their visitors. Pseudonymous cookies and web beacons are often used for the purpose of range analysis in order to recognise returning visitors and thus obtain more precise analyses of the use of an online offering.
• Remarketing: One speaks of “remarketing” or “retargeting”, for example, when it is noted for advertising purposes which products a user was interested in on a website in order to remind the user of these products on other websites, e.g. in advertisements.
• Location data: Location data is created when a mobile device (or another device with the technical requirements for a location determination) connects to a radio cell, a WLAN or similar technical means and functions of location determination. Location data serve to indicate the geographically determinable position of the earth at which the respective device is located. Location data can be used, for example, to display map functions or other information dependent on a location.
• Tracking: Location data is created when a mobile device (or another device with the technical requirements for a location determination) connects to a radio cell, a WLAN or similar technical means and functions of location determination. As a rule, behavioral and interest information regarding the online offers used is stored in cookies or on servers of the providers of the tracking technologies (so-called profiling). This information can then be used, for example, to display advertisements to users that are likely to match their interests.
• Responsible person: “Responsible person” shall mean the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data
• Processing: “Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually all handling of data, whether it be collection, analysis, storage, transmission or deletion.
• Target group formation: One speaks of target group formation (or “custom audiences”) when target groups are determined for advertising purposes, e.g. insertion of advertisements. For example, based on a user’s interest in certain products or topics on the Internet, it can be concluded that this user is interested in advertisements for similar products or the online shop where he/she viewed the products. Lookalike Audiences” (or similar target groups) are, in turn, when the content deemed suitable is displayed to users whose profiles or interests presumably correspond to the users for whom the profiles were created. Cookies and web beacons are generally used to create custom audiences and lookalike audiences.53757 Sankt Augustin

Right of cancellation

Consumers have the right to cancel this contract without giving reasons within a fourteen-day cancellation period that begins on the day on which the contract is entered.
In order to exercise your right of cancellation, you must notify us (Item3D GbR, ***straße 10, 53757 Sankt Augustin, Germany, email: info@item3D.com) of your decision to cancel this contract by means of an unequivocal declaration (e.g. in the form of a letter sent by post or an email). You can – but are not required to – use the cancellation form template appended to this cancellation policy. You will be deemed to have complied with the aforementioned cancellation period if your letter, fax or email notifying us of the use of your right of cancellation was sent prior to the expiry of the cancellation period.

Consequences of cancellation

We will stop the payment claim for the purchase of the referred product with Item3D within fourteen days from the date on which we receive your correspondence notifying us of your cancellation of this contract. If you have already paid the billing amout partially, we will also pay back those payments we have received from you within fourteen days. Repayment occurs using the same payment type you used for the original transaction unless otherwise agreed with you; you will not be charged any fees in connection with repayment.

Please note:

For non-physical, digital products, that have been fully paid and already made available for downloading, your right of cancellation will expire immediately if you have explicitly agreed to this upon the conclusion of contract.

Cancellation form template

If you wish to cancel the contract please fill out this form and send it back to us.
– To
Item3D GbR,
***straße 10,
53757 Sankt Augustin,
e-mail: info@item3d.com
– I/we (*) hereby cancel the contract I/we (*) concluded for the purchase of the following goods (*)/ the delivery of the following service (*)
– Ordered (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only required if the cancellation is submitted in paper form)
– Date

(*) Delete as appropriate.

1. Introductory Clause

Item3D GbR (hereinafter referred to as „Item3D“) offers a library containing 3D models and textures for purchase. The purchase of Item3D products comes with an End-User-License-Agreement („EULA“ or „Agreement“), that regulates the use of Item3Ds service and products, and the rights of the individual end user (hereinafter referred to as „User“ or „You“).

In case You are entering this agreement on behalf of another company, You are required to confirm that You have the authority to bind such entity and its affiliates to the terms and conditions of this Agreement. In this case, the terms „You“, „Your“ or „User“ shall refer to such entity, its affiliates and users associated with it.

You agree to receive communications from Item3D electronically. Relevant information will be posted on the Item3D website or sent by email to You. You will need to consent that all agreements, notices, disclosures and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

Please be sure to read this Agreement carefully before using any Item3Ds service, or purchasing and downloading any Item3D products. By clicking the „Place order“-Button on purchases, You are acknowledging that You have read, understood and agreed our EULA.

If You do not agree to the terms of this Agreement, You may not use Item3Ds service, nor download or use any products provided by Item3D.

2. Permitted Use/License Granting

Item3D grants You a non-exclusive, non-transferable, revokable license to use their products for personal or commercial purposes for an indefinite period of time. You aquire only the licensing rights, whereas the intellectual property rights and copyrights remain with Item3D.

You will need a valid email address to create an account with the official Item3D website. Once an account is created, Users can purchase Item3D products and textures. The Agreement will enter into effect as soon as a binding order is placed, and the license is granted after any fees payable to Item3D have been paid in full.

The license grants You the rights to use the asset, but not to sell those products on to a third party. While You may edit the product for Your own projects, it does not change the nature of the property or copyrights to the product. The modified object still remains subject to this license. You may not resell, share, distribute, sublicense or multiply the original, nor any edited products.

You may delete Your account with Item3D at any time, but will immediately lose access to your purchased assets, if they have not been previously downloaded. This is irreversible, therefore it is advisable to save Your purchased products to Your personal hard drive. Kindly note that the termination of your account with Item3D does not end the terms of the Agreement.

3. Restricted Use

The User shall use the Item3D service strictly in accordance with the terms laid out in this Agreement, and agrees not to resell, give, share, sublicense, distribute or multiply any products purchased, nor any parts thereof. Additionally, the User also does not have the right to sell 3D models, textures or any 3D scenes that may contain Item3D models, nor parts thereof, modified or original.

Item3D assets shall not be used in any designs encouraging racial, religious or ethical hatred, nor used in content propagating violence, any totalitarian political systems or any illegal activity or purpose. The Item3D products shall not be used in any manner which breaches this Agreement, nor violates the rights of a third party, including intellectual property rights without limitation.

4. Termination Conditions

This Agreement takes effect on the first date You purchase the product and will be ongoing until terminated either by Yourself or by Item3D. You may terminate this Agreement by permanently deleting and destroying Item3D products, any backup copies thereof, any modificated files of the product, as well as any related assets, including, but not limited to, textures, materials, scripts and information provided. After termination, You shall cease to use said product.

In the case of a breach of Agreement, Item 3D has the right to terminate the Agreement immediately and block the User account in accordance with the regulations. After termination, the User shall cease to use the service provided, as well as any Item3D products, and permantely delete and destroy all saved copies of Item3D assets, including their related assets, as stated above. Should Item3D terminate the service based on the Users breach of the Agreement, You will receive no refund of prepaid fees, as applicable.

Sections 6, 7, 8, 9, 10 and 11 will remain effective after the termination of this Agreement.

5. Warranty Disclaimer

Item3D offers its service with all reasonable efforts to provide the User with a fast, reliable and enjoyable experience, but cannot make any representation or warranty as to the completeness or accuracy of the service or information contained therein. It is also not represented or warranted that the service will be available at all times, error-free, secure, up to date or that it will function in a manner or as fast or efficient as expected or desired.

You acknowledge that Item3D products are provided „as is“ without any kind of warranty, including, but not limited to satisfactory quality, fitness for a particular purpose, accuracy and non-infringement. Item3D reserves the right to edit, add or to delete its service at any time. You assume all responsibility of using Item3Ds service or its assets.

Item3D assets are all digital and therefore non-refundable. By placing your purchase, you agree to these terms. Item3D will only be held liable if and to the extent you sustain damages which were caused by gross negligence or willful misconduct of Item3D. In that case, Item3D may, at its sole discretion, offer you a full or partial refund of the fees paid. Please contact info@item3d.com for support and/or refund issues.

6. Limitations of Liability

Item3D cannot be held liable for any direct, indirect, punitive, special, incidental or consequential damages that result from your use of Item3Ds service, assets or related documentation or in connection with or arising out of or relating to this Agreement (including, but not limited to, hardware malfunction, loss of reputation or goodwill, loss of business, revenue, profits, use, data, or other economic advantages). Despite any damages you might experience, the liability of Item3D shall not exceed the amount actually paid by the User for the service and/or product.

To be entitled to any compensation from Item3D, you must:
1. notify us in writing of the claims;
2. give Item3D sole control over the defence and settlement of the claims;
3. you shall cooperate with Item3D at your own expense in all aspects in connection with the defense of any such claim.

Any claims regarding this Agreement must be commenced within one year after the cause of action occured. Otherwise, such cause of action is permanently barred.

Item3D has no liability in the event that the user failed to comply with the terms of this Agreement.

7. Copyright Infringement and Intellectual Property

You acknowledge and agree, in the event of a third party claim, that Your use of Item3D assets infringes any third party’s intellectual property rights, You, and not Item3D, will be held responsible for the investigation, defense, settlement and discharge of any such claims of intellectual property infringement. You shall, however, notify Item3D in writing about any such claim, as soon as the matter arises.

8. Jurisdiction and Governing Laws

This Agreement is governd by the federal Laws of Germany. To the extent permitted by law, the disctrict court of Bonn, Germany will be the exclusive jurisdiction for disputes arising out of or in connection with this agreement.

9. Related Agreement

The use of Item3Ds service and assets is also subject to Your Agreement with us concerning your use of the item3D.com website and the services provided through that website. This EULA hereby incorporates by reference all terms, condition rules, policies and guidelines on the website, including the Item3D Terms & Conditions, Withdrawal Policy and Privacy Policy.

10. Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

11. Amendments to this Agreement

Item3D reserves the right, at its sole discretion, to modify or replace this EULA at any time. Such changes will be posted to the Item3D website and/or communicated to You by email. Additions, revisions and replacements will become part of this Agreement effective immediately. As Your continued use of the Item3D service constitutes your binding acceptance of this Agreement, please make sure to regularly check the Item3D website and EULA for any changes or updates.

This Agreement does not constitute a partnership or joint venture between You and Item3D, and neither party has any right to bind the other party in any manner whatsoever.

12. Contact Information

If you have any questions about this Agreement, please contact us:

Item3D GbR
***strasse 10
53757 Sankt Augustin
Germany

Email: info@item3d.com

Last updated 05/2021