Terms and Conditions

These are the terms and conditions for: https://www.sketchupmaterials.com (Hereinafter referred to as “SketchUp Materials”).

By using the website and purchasing products available on the website, you agree to be bound by these terms and conditions. In these terms and conditions, the words "website" refer to the SketchUp Materials website, "we", "us", "our" and "SketchUp Materials" refer to SketchUp Materials and "user", “buyer”, “customer”, "you" and “your" refer to you, the user and customer of SketchUp Materials.

The following terms and conditions apply to the website, products and services offered by SketchUp Materials. This includes the mobile and tablet versions as well as any other version of SketchUp Materials accessible via desktop, mobile, tablet, social media or other devices.

The use of the website and the purchase of the products (hereinafter referred to as "Products") from such website, means that you agree to these terms and conditions as set out below (hereinafter referred to as "terms").

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR PRODUCTS.

 

1. ELIGIBLITY

You may use the website and purchase the products only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.

Access to the website and purchase of products are available for all ages. It is the responsibility of parents and legal guardians to determine whether any of the content and products are appropriate for their children or minors in custody.

By using the website and purchase the products, you represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.

You represent and warrant that your use of the website does not violate any applicable law or regulation. SketchUp Materials may, in its sole discretion, refuse to offer the website and products to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.

 

2. PRODUCTS

The products (3D digital assets) will be available on the website for download. By placing an order, you offer to purchase the products for the price advertised and indicated on the website at the time of purchase. Once you complete the checkout process through our payment processor, the product will be available for download. If you have any problems downloading the product once you have completed the purchase process, please contact us through our contact information.

When a user places an order, SketchUp Materials will send him an email in order to confirm the purchase and the payment of the product. This confirmation email will be produced automatically so that the user has the confirmation of his purchase and the details of the transaction.

SketchUp Materials may cancel any order and not supply the products if it is reasonable to do so and may change or discontinue the availability of the products at any time at its sole discretion. If an order is cancelled, any payment made for the products will be refunded in full. This does not affect your statutory rights.

All new orders are considered separately and each is treated individually.

 

3. PRICES

SketchUp Materials reserves the right to determine the price for the products. SketchUp Materials will make reasonable efforts to keep the price information published on the website up to date. We encourage you to check our website periodically for current pricing information.

SketchUp Materials will always try to make sure that the prices on the website is accurate. However, some errors in terms of price may occur from time to time, including but not limited to human error, mechanical error or the like. Should an error in pricing be discovered, the customer will be informed of such error. The option to reconfirm the order will be given to the user at the correct price. The user also has the option to cancel the order should the user not be satisfied with the correct price communicated on the said product order.

 

4. PAYMENTS

Products will be paid by credit and debit card through Shopify Payments (payment processor available on the website). The user must pay the price of the product stipulated in the order before the product can be downloaded by the user. The payment will be charged to the customer's credit/debit card immediately after placing the order for the purchased product. Once the transaction has been processed, we will send an electronic receipt of the transaction to the email address you provide during the purchase. Once the payment process is completed, the product can be downloaded by the user.

If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment platform.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorisation. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.

If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.

Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products. SketchUp Materials reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the products.

 

5. DISCLAIMER

By visiting the website, accessing the content available on the website and purchasing and using the products, you accept personal responsibility for the results of the use of the information and content available on the website and the use of our products. You agree that SketchUp Materials makes no warranties about the results of the use of our products. You acknowledge that your ultimate success or failure will be the result of your own efforts, your particular situation, and a number of other circumstances that are beyond the control of SketchUp Materials and the use of the products. You agree that SketchUp Materials is not responsible for any success or failure that may relate to the purchase and use of our products.

 

6. LICENSE TO USE THE PRODUCTS

By purchasing and downloading the products (3D digital assets), SketchUp Materials grants the user (buyer) a standard limited use licence, for personal use only, excluding the commercial licence of the product. The right to exploit the Product and the commercial license of the product may only be granted with the written permission of SketchUp Materials, which may be granted or denied at SketchUp Materials' sole discretion.

User (buyer) may not resell or sublicense the product or any part of the content of the product to any third party without the prior written permission of SketchUp Materials. Buyer also may not edit, modify or use the product to create derivative works or products, may not distribute, give away or include the product or any part of the product content as part of a final product or work.

Unauthorised use of the products and the content available in the products without the respective commercial licences may constitute copyright infringement and may give rise to a claim or cause of action under national and international copyright law.

 

7. COPYRIGHT

The copyrights of the products available on this website are the sole and exclusive property of SketchUp Materials who may dispose of the rights at its sole discretion. Users who purchase the products may not misuse the products or any content included in the products or SketchUp Materials' copyrights may be infringed and result in lawsuits and claims. Please note that the products are for personal use only and commercial license is not included.

All materials on the website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by SketchUp Materials or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on the website are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without SketchUp Materials prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorised attempt to modify any material, to defeat or circumvent any security features, or to utilize SketchUp Materials or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.

 

8. COPYRIGHT COMPLAINTS

SketchUp Materials will respond to all enquiries, complaints and claims regarding alleged infringement by breach or violation of the provisions contained in Belgian and international copyright regulations. SketchUp Materials respects the intellectual property of others, and expects users to do the same.  If you believe, in good faith, that any material provided on or in connection with the SketchUp Materials website infringes your copyright or other intellectual property right, please submit your request via our contact information, with the following information: 

  • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
  • A statement specifically identifying the location of the infringing material, with enough detail that SketchUp Materials may find it on the SketchUp Materials  
  • Your name, address, telephone number and e-mail address.
  • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorised by the owner of the rights, or its agents, or by law.
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorised to act on the copyright owner's behalf.
  • An electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.

 

9. PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such content and information, are owned by or licensed to SketchUp Materials by third parties. For all content other than your content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information or services obtained from or through the website. In addition, the following activities are prohibited:

  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the website, including, but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these terms.
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Deep-link to any part of our website for any purpose without our express written permission.
  • "Frame", "mirror" or otherwise incorporate any part of the website into any other website or service without our prior written permission.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by SketchUp Materials in connection with the website.
  • Evade, disable or otherwise interfere with security-related features of the website or features which prevent or restrict the use or copying of any content.

 

10. DISCLAIMER OF WARRANTIES

Because of the nature of the Internet SketchUp Materials provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse SketchUp Materials for any loss or damage caused as a result.

SketchUp Materials will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, SketchUp Materials excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to SketchUp Materials and SketchUp Materials shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on the website.
  • The infringement by any person of any intellectual property rights of any third party caused by their use of the website or any product purchased through the website.
  • Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control.
  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from SketchUp Materials.
  • All representations, warranties, conditions and other terms which but for this notice would have effect.

 

11. INDEMNIFICATION

You agree to defend and indemnify SketchUp Materials and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this Agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use and purchase of our products.

 

12. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by SketchUp Materials for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes.

 

13. CHANGES AND TERMINATION

We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.

 

14. PERSONAL DATA

Any personal information you post on or otherwise submit in connection with the purchase of products will be used in accordance with our privacy policy. Please refer to our privacy policy.

 

15. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by SketchUp Materials, shall constitute the entire agreement between you and SketchUp Materials concerning and governs your use of the website.

 

16. DISPUTES

You agree that any dispute, claim or controversy arising out of or relating to the breach, termination, enforcement, interpretation or validity of these terms or the use of the website and purchase of the products shall be resolved by binding arbitration between you and SketchUp Materials, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event a dispute arises in connection with the products offered through the website or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

You agree to initiate formal dispute proceedings by sending us a communication through our contact information. SketchUp Materials may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and purchase of products.

The courts of Belgium shall have jurisdiction over any dispute, controversy or claim relating to SketchUp Materials and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of Belgium.

 

17. FINAL PROVISIONS

These terms and conditions are governed by the laws of Belgium and the European Union. Use of our website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms.

Our compliance with these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website, your purchase of products on our website, or information provided to or collected by us in connection with your use of the website and purchase of products.

If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

 

18. CONTACT INFORMATION

If you have any questions or doubts about these conditions or the products, please contact us through our contact page on the website.