United StatesPRINTABLES CLUB & STORE TERMS AND CONDITIONS FOR CREATORS
The provider of PRINTABLES CLUB & STORE is Prusa Research a.s., with registered office at Partyzánská 188/7A, 17000, Prague 7, ID No.: 06649114, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, Insert 23056 (hereinafter referred to as "PRUSA").
Contact details:
The address of the place of business and the postal address of PRUSA:
Prusa Research a.s.
Partyzánská 188/7a
170 00 Prague 7 – Holešovice
Czech Republic
Customer service for complaints and claims:
| E-mail address: | [email protected] |
| Phone: | +420 222 263 718 |
| Privacy Policy: | [email protected] |
| Report illegal content and suspicious activity: | [email protected] |
INTRODUCTION AND DEFINITIONS
1.1. The PRINTABLES STORE is an online service provided by PRUSA through which registered PRINTABLES users can offer digital content and related services to other PRINTABLES users ("PRINTABLES STORE"), either by subscription or by making digital content available for download online for a fee ("Digital Content").
1.2. "Store" means services of making content available to third parties through a PRINTABLES user profile with the PRINTABLES STORE service activated.
1.3. The PRINTABLES STORE services are part of the PRINTABLES and are available via the website at: https://www.printables.com/store.
1.4. "Creator" means a PRINTABLES user who has registered to sell digital content through PRINTABLES under the terms and conditions set forth below.
1.5. "Buyer" means a PRINTABLES user who acquires digital content from a Creator through the PRINTABLES STORE for a fee.
1.6. These Printables Store Terms for Creators govern the rights and obligations between PRUSA and the Creator (the "STORE T&C").
1.7. The Terms of Service of Printables.com ("PRINTABLES Terms and Conditions") and the General Terms and Conditions of Use of the PRUSA Websites ("General Terms and Conditions") also form an integral part of these STORE T&C.
1.8. "Consumer" means any natural person who is acting for a purpose which cannot be regarded as his trade, business, craft or profession.
1.9. Any contractual relationship under which digital content is sold between the Creator and the Buyer is a contract between the Creator and the Buyer only. PRUSA is not directly involved in this bilateral contractual relationship. In this respect, PRINTABLES STORE acts only as a technical means for the conclusion and implementation of the contractual relationship between the Creator and the Buyer, the subject of which is the delivery of the selected digital content for a fee.
1.10. All payments in the PRINTABLES STORE are made through our payment provider, STRIPE ("STRIPE") (https://stripe.com/en-cz). Use of these payment services is subject to STRIPE's terms and conditions, which are available at the link above. PRUSA reserves the right to change payment service providers at any time in the future, in which case (to the extent applicable) the terms and conditions relating to or referring to STRIPE set out in these STORE T&C shall apply to the new payment service provider.
REGISTRATION OF THE STORE
2.1. To become a Creator you must first be a PRINTABLES user and comply with the PRINTABLES Terms and Conditions, including the provisions of the General Terms and Conditions.
2.2. You must have a valid, unrestricted and active PRINTABLES account, and you must remember that all Content you distribute through the PRINTABLES and your use of the PRINTABLES itself must comply with the PRINTABLES Terms and Conditions, and the laws that apply to you and the Content you make available. In the event of a conflict between these STORE T&C and the PRINTABLES Terms and Conditions, the provisions of these STORE T&C shall prevail with respect to the performance of any of the PRINTABLES STORE features or Content available through the PRINTABLES STORE.
2.3. If you choose to use PRINTABLES STORE services as a Creator, you must familiarize yourself with these STORE T&C in advance and by registering for PRINTABLES STORE you agree to abide by these STORE T&C.
2.4. If you want to use the PRINTABLE STORE services as a Creator, you must be fully competent and meet the conditions for independent business activity according to the legal regulations that apply to you. If you are a Creator from the Czech Republic, you must be at least 18 years old. If you are a Creator from another country, you must meet the age of majority requirements of the applicable law that applies to your conduct.
2.5. When registering as a Creator, you are required to provide real personal and, where applicable, business information relating to your business and you acknowledge that this information will be publicly available through your profile on PRINTABLES.
2.6. There is no legal entitlement for obtaining a registration as a Creator in the PRINTABLES STORE (hereinafter referred to as "store registration"). The right to use the PRINTABLES STORE as a Creator only arises upon confirmation of the store registration by PRUSA. PRUSA reserves the right to refuse any store registration without giving any reason.
2.7. The request for store registration is an offer made by the Creator to PRUSA to enter into a digital services agreement with PRUSA. The confirmation of the store registration by PRUSA is an acceptance of this offer. Acceptance of the offer and activation of the Creator's Store constitutes a contract between PRUSA and the Creator, which is governed by these STORE T&C ("STORE Contract"). This Agreement shall shall remain in effect until terminated by either PRUSA or the Creator, or unless earlier terminated in accordance with these STORE T&C.
2.8. Confirmation of the store registration or its rejection will be notified by PRUSA to the e-mail address associated with the registrant's user account.
2.9. The Creator agrees to the use of remote means of communication in connection with the use of PRINTABLES STORE services. The Creator shall bear the costs incurred in this connection by the use of communication means. These costs do not differ from the basic rates at the user's location.
2.10. When registering as a Creator, you will be asked by STRIPE to authorize your STRIPE Account and the necessary identity verification, unless you have already done so in the past in connection with other PRINTABLES Services. Your Store cannot be established or operated without the establishment and verification of your STRIPE Account. For example, if you later cancel your STRIPE Account, the operation of your Store will be suspended by PRUSA until your STRIPE Account is re-authorized by STRIPE. You are required to comply with STRIPE's terms and conditions, which you are required to read when you set up or authenticate your STRIPE account for PRINTABLES STORE purposes.
2.11. The data provided by the Creator during registration (Article 2.5 of these STORE T&C) or in the PRINTABLES STORE settings and the data verified by STRIPE must not conflict.
OTHER PRINTABLES STORE TERMS AND CONDITIONS
3.1. When registering your Store, you are obliged to choose whether you want to operate your Store as a private person or as a business entity.
3.2. Your PRINTABLES profile will be marked as private or business, depending on whether your registration request is confirmed. You acknowledge that this information will be publicly accessible through your PRINTABLES profile.
3.3. As the creator who makes digital content available to PRINTABLES users, you are primarily responsible for ensuring that the digital content offered complies with all applicable law, does not infringe or unlawfully interfere with the rights of third parties, and complies with the General Terms and Conditions, the PRINTABLES Terms and Conditions, and these STORE T&C.
3.4. You are only entitled to offer your own content, i.e. content created by you personally, on PRINTABLES STORE. Not the works or work of others.
3.5. If you publish content that is only permitted by law or other applicable regulations to persons over a certain age, you are obliged to control and enforce this restriction yourself, in particular by marking the content as unsuitable for minors (NSFW) in the relevant PRINTABLES settings or in other visible ways.
3.6. Please note that if you offer digital content to third parties for a fee through PRINTABLES STORE, the income from such activity will most likely be considered business income and the operation of a business. In this regard, you are fully responsible for ensuring that such activity complies with the applicable laws and regulations that apply to you and such activity, including any applicable tax regulations and obligations, including any applicable VAT. You acknowledge that when setting the price for digital content in the Store, you are required to state the Selling Price so that it is inclusive of all taxes and fees that are associated with the sale of digital content under applicable law ("Selling Price"). You, as the Creator, are responsible in particular for ensuring that the Selling Price is the final display price to the Buyer.
3.7. Please note that you are making the proposal to enter into a contract for the supply of digital content to the Buyer on your own behalf and you are responsible for the content of such contract. In most cases, contracts between the Creator and the Buyer will be considered consumer contracts and you, as the selling party, will be obliged to comply with all obligations arising from the relevant applicable consumer protection legislation in the applicable area, including obligations relating to distance contracting with consumers, information obligations, complaints, rights of defective performance, data protection, etc. You may make any such disclosure obligations in relation to the consumer by textual reference in the description of the relevant digital content or by reference to your terms and conditions and your privacy policy, if available online.
3.8. At the same time, you, as the Creator, are obliged to indicate for the content offered through PRINTABLES STORE what license terms apply to its use. This can also be done by specifying the license terms in text or by referring to your license terms directly in the description of your profile or for each subscription tier. This also applies to the age availability or permissibility of the content.
3.9. PRUSA does not participate in the bilateral contractual relationship between you (as a Creator) and the Buyer. In particular, PRUSA is therefore not obliged to check or actively verify the legal compliance of the digital content offered by you, nor to verify whether the content made available by you is used in accordance with your license terms or other arrangements set by you. Further, PRUSA is not responsible or involved in any way in the resolution of any rights asserted by the Buyer against you under the contract, including rights arising from defective performance, or which the Buyer derives from his or her status as a consumer.
3.10. You are in full control of your creator profile and its terms and conditions. You choose what kind of offer you make to Buyers. Whether by subscription or direct sale (making available for download) of digital content, at what subscription levels or packages, and at what price. Just note that PRUSA reserves the right to set the overall range of minimum and maximum monthly subscription prices and the minimum price of the digital content offered.
3.11. By posting Content to your profile on the PRINTABLES STORE, you grant PRUSA a non-exclusive, worldwide, royalty-free license to use such Content in any manner for the purpose of fulfilling the PRINTABLES feature and offer, including for the purpose of posting and implementing the PRINTABLES STORE offerings, and for the purpose of promoting the PRINTABLES service through third party services (such as. PRUSA profiles on social networks and other media, etc.), for the duration of the property rights to the respective published content. You also grant PRUSA the right to use the name/brand used or associated with your profile to the same extent and under the same conditions. If you have any questions or comments regarding the use of your intellectual property referred to in this paragraph, you have the right to submit a question or suggestion to PRUSA by: [[email protected]].
3.12. In the case of the sale of digital content through the PRINTABLES STORE, you as the Creator are obliged to make the digital content sold by you available to the Buyer and are responsible for ensuring that the purchased content is available for download on your Store / PRINTABLES profile for a reasonable period of time.
PAYMENTS AND REWARDS
4.1. PRINTABLES STORE services are provided by PRUSA to the Creator for a fee.
4.2. The Creator is obligated to pay PRUSA a commission for PRINTABLES STORE services in the form of a commission on each payment of the Selling Price paid by the Buyer for the sale of Digital Content. The amount of the commission shall be 10% of each subscription payment and 20% of each payment paid by the Buyer for downloading the Digital Content ("PRINTABLES FEE"). The Creator shall pay PRINTABLES FEE to PRUSA even if the operation of the Store is temporarily restricted or suspended in accordance with these STORE T&C.
4.3. Payments for digital content are made by sending the funds paid by the Buyer directly to the Creator's STRIPE account via STRIPE. PRUSA does not collect money from Buyers on behalf of the Creator. The payment transaction is purely between the Creator and the Buyer. PRUSA is only authorized to charge PRINTABLES FEE, through STRIPE, directly to the Creator's STRIPE account based on these STORE T&C.
4.4. PRINTABLES FEE is due at the time of payment by the Buyer and you, as the Creator, agree to PRUSA collecting this amount directly through STRIPE. You will therefore receive the amount less the PRINTABLES FEE and STRIPE's fee into your STRIPE account according to STRIPE's current price list. Representative example as of the date of these STORE T&C:
Incoming payment for subscription purchase of 10USD
Printables fee 10% of 10USD = 1USD
Stripe fee 2.9% of 10 USD + fix fee 0.3USD = 0.59USD
Creator's account balance is increased by 10-1-0.59 = 8.41USD4.5. All tax obligations, levies and reporting related to the Creator's revenue from the sale of digital content are the sole responsibility of the Creator. In this context, the Creator may use third-party services such as STRIPE TAX or specialist accounting firms. PRUSA is not obliged or authorised to provide the Creator with any accounting, tax or legal advice in this context.
4.6. In the event that, for any reason, you or STRIPE is required to refund the subscription or purchase price for the digital content made available to the Buyer, you may do so again through STRIPE. However, you acknowledge and agree that the refund may again be subject to a fee charged by STRIPE in accordance with STRIPE's then-current price list, and you further agree that any fees and commissions already paid, incl. PRINTABLES FEE for the Digital Content made available to you will not be refunded or otherwise compensated by PRUSA or STRIPE. You will therefore be required to refund to the Buyer the full subscription amount or purchase price originally paid by the Buyer.
4.7. Further, PRUSA shall not be liable to you or any third party for any liability related to your legal business and tax obligations, such as reporting, paying or remitting taxes and withholdings, paying fines, interest and penalties, and other charges incurred or owed by you as a Creator in connection with the making available or sale of your content and services on the PRINTABLES STORE. To that extent, you also waive any and all claims against PRUSA and companies affiliated with PRUSA in any way, either materially or personally.
REPRESENTATIONS AND WARRANTIES
5.1. The PRINTABLES STORE services are provided by PRUSA without any warranty, guarantee of availability, merchantability or marketability. PRINTABLES STORE services may be from time to time temporarily unavailable. In the event of planned downtime, we will notify users in advance.
5.2. The display of the offers of individual Creators is based on the general sorting of content on PRINTABLES web pages according to the search parameters entered by the user, i.e. keywords or selected preset filters. PRUSA does not rank the content available through PRINTABLES. All rating of Creators is based on their activity, the rating of other users and is purely related to the use of PRINTABLES services.
5.3. PRUSA does not verify the authenticity of reviews or ratings of content or activities of other PRINTABLES users.
5.4. PRUSA does not allow paid display, support or ranking (topping) privileges within the PRINTABLES STORE or on the PRINTABLES website. The PRINTABLES homepage displays profiles of Creators offering digital content on a subscription basis and these profiles are ranked based on the popularity and quality of the digital content offered. The PRINTABLES homepage also features a section of selected digital content from Creators who offer their digital content for download for a fee on their Stores, with the ranking selected by PRUSA based on the seasonality of the content, popularity and quality of the digital content offered. The ranking of offers or digital content items can be further filtered by the user according to pre-set parameters (such as ratings, number of likes, date of publication, number of copies, etc.).
5.5. If you use the PRINTABLES STORE services and you are also in the position of a consumer in relation to PRUSA, i.e. in particular you do not use the PRINTABLES STORE services or your Store for other than personal needs, you acknowledge and agree that the PRINTABLES STORE digital service is provided to you at the moment of confirmation of your registration to the PRINTABLES STORE by PRUSA. The PRINTABLES STORE services are thus provided before the expiry of the 14-day period for exercising the statutory right of withdrawal from the STORE Contract for the PRINTABLES digital services, and therefore you do not have this right of withdrawal against PRUSA in the case of the PRINTABLES STORE services.
5.6. At the same time, PRINTABLES STORE is a digital service provided by PRUSA online and exclusively through the website www.printables.com. PRUSA is under no obligation to provide any updates to the PRINTABLES STORE services in this regard and the services are provided "as is" without any additional warranties or guarantees. In view of the digital nature of the service, you are entitled to the rights of defective performance to the extent provided for in Section 2389t of Act No. 89/2012 Coll. - Civil Code.
5.7. If the PRINTABLES STORE services do not suit you or you are not satisfied with their functioning, you are entitled to terminate their use at any time. The remuneration due to PRUSA in the form of PRINTABLES FEE from the sale of digital content, which is payable by the Creator under these STORE T&C, is remuneration for services already provided and consumed and is therefore non-refundable.
5.8. PRUSA does not offer digital content on PRINTABLES within its own profile in the form of a subscription or make its own digital content available for download for a fee. However, PRUSA may offer digital content in the form of custom print files for selected 3D models free of charge through PRINTABLES or other sites operated by PRUSA. PRUSA also offers digital content through its e-shop in the form of access to instructional videos and other content (such as e-books, manuals, etc.) used primarily to promote the sale of 3D printers offered by PRUSA and other related products and for 3D printing education.
RESTRICTION, INTERRUPTION OR TERMINATION OF SERVICES
6.1. PRUSA is entitled to limit or suspend the operation of the Store or the services provided under the STORE Contract at any time. In particular, this will happen in the event of complaints from Buyers, complaints from third parties (such as STRIPE) or in the event of suspected breaches by PRUSA of your terms and conditions relating to any PRUSA services, including the terms of PRINTABLES and these STORE T&C. We will notify you of any restriction or suspension of your Store no later than the time such restriction or suspension becomes effective.
6.2. PRUSA is also entitled to terminate the operation of your Store at any time, provided that the termination is in the nature of termination of the STORE Contract. In the event of termination, we will notify you at least 30 days in advance, and the termination of the STORE Contract will not take effect until the end of the calendar month following the month in which the termination decision (notice) was sent to your email address listed in your PRINTABLES profile. We may not respect this termination notice period and we may terminate the STORE Contract with immediate effect if:
- we are obliged to do so on the basis of applicable law or on the basis of a decision of the relevant supervisory authority;
- You have repeatedly violated these STORE T&C, including the terms and conditions to which these STORE T&C refer;
6.3. You are not entitled to seek any compensation or claim from PRUSA in connection with the limitation, suspension or termination of your Store or STORE Contract.
6.4. PRUSA does not provide Creators with access to personal, technical or statistical data about the use of their Store in any form or format other than that available through their Store profile and settings. The cancellation of the Store or the termination of the STORE Contract will result in the loss of access to this data for the Creator.
6.5. Your Store is associated with your original content and is linked to your name. Your Store or your creator account is non-transferable and you are not entitled to transfer the rights and obligations associated with it to another person.
6.6. If you decide to cancel your Store and terminate your STORE Contract, you can do so in your Store settings. Cancellation of the Store will be notified to the Buyer and the subscription price will be suspended for the next period, however, your Store and the subscribed content will be available to buyers and subscribers until the end of their subscription period.
6.7. The content published through PRINTABLES and other technical or operational data related thereto is made inaccessible and not archived after termination of the STORE Contract.
REASONABLE USE OF THE SERVICE AND REPORTING OF OBJECTIONABLE CONTENT
7.1. The Creator is obliged to use all PRUSA websites only in the standard manner and for the intended purposes. The use of the PRUSA website, including the PRINTABLES website, must not contravene the General Terms and Conditions, generally binding legislation or good morals, interfere with the rights and legitimate interests of PRUSA, other users or third parties.
7.2. In the event of a breach of the obligation under the preceding paragraph, PRUSA shall be entitled to restrict or terminate access to the PRINTABLES user account, including the Content available through the PRINTABLES STORE, at any time without compensation. The provision of PRUSA's right to restrict or terminate the Creator's account referred to in Article 6 of these STORE T&C is not affected.
CONSUMER DISPUTE RESOLUTION
8.1. If you are using PRINTABLES STORE services as a consumer for personal use, you may take your complaint regarding your contract with PRUSA, which you are unable to resolve amicably, to the competent consumer dispute resolution body, which is:
Czech Trade Inspection Authority, Central Inspectorate, Alternative Dispute Resolution (ADR) Department
Stepanska 15
120 00 Prague 2 - New Town
E-mail address: [email protected]
Website: https://adr.coi.cz8.2. As a consumer, you can also use the dispute resolution platform set up by the European Commission, available at: https://ec.europa.eu/consumers/odr/.
COMPLAINT HANDLING AND MEDIATION
9.1. Complaints from Creators who are not in a contractual position of a consumer, which are related to the technical functioning of PRINTABLES STORE services, the non-performance of PRUSA's obligations or are directed against PRUSA's actions or against PRUSA's decision that resulted in the limitation, interruption of PRINTABLES STORE services or the termination of your Store, should be submitted via the following e-mail address: [[email protected]].
Please always include identification of your user profile, your contact details, exactly what you are requesting and, if applicable, what PRUSA decision you are complaining about and why you think the decision is incorrect.
9.2. We will try to resolve your complaints as quickly as possible, no later than within 15 days of their submission.
9.3. If the complaint between the Creator, that is not in position of the consumer, and PRUSA cannot be resolved to the satisfaction of the complainant and a dispute arises, PRUSA is interested in resolving the dispute in mediation. To this end, PRUSA is willing to engage selected mediators incl. the mediators registered in the list of mediators maintained by the Ministry of Justice of the Czech Republic, whose contact details can be found in our PRINTABLES knowledge base in the Help section of help.prusa3D.com.
9.4. Please note that the costs of mediation under the preceding Article of these STORE T&C shall be borne by both parties to the dispute, with the mutual share of such costs to be determined on the basis of a proposal by the mediator selected by both parties, taking into account all relevant aspects of the case, in particular the degree of merit of the parties' claims in the dispute, the conduct of the parties and the relative size and financial strength of the parties.
9.5. The right of consumers to out-of-court dispute resolution pursuant to Article 8 of these STORE T&C and the right to judicial dispute resolution between PRUSA and any PRINTABLES STORE user is in no way affected by this Article 9.
FINAL PROVISIONS
10.1. PRUSA is entitled to change or amend the wording of these STORE T&C at any time, without prejudice to the rights and obligations arising during the effective period of the previous version. In addition, PRUSA may unilaterally change the terms and conditions of its long-term obligations under these STORE T&C to the extent appropriate. PRUSA shall notify PRINTABLES STORE users of any such change to the STORE T&C at least 15 days prior to the effective date of the new version of the STORE T&C by posting the new version on the web interface or by sending a message to the email address listed in your PRINTABLES profile.
10.2. PRUSA reserves the right to discontinue or terminate the PRINTABLES STORE service at any time without any obligation to compensate Buyers or Creators for any direct or indirect damages, other harm or lost profits. You acknowledge and agree to this limitation of liability and your use of the PRINTABLES STORE constitutes your consent to it. If you do not agree to this limitation of liability, do not use the PRINTABLES STORE services. In the event of termination of the PRINTABLES STORE service, PRUSA will provide the user with at least 30 days' notice, except where compliance with this time limit is not required or permitted by applicable law or a decision of the relevant supervisory authority.
10.3. These STORE T&C are governed by the laws of the Czech Republic. If the Buyer is also a consumer, he/she further acknowledges that the choice of law under the previous sentence does not affect his/her rights as a consumer, which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law under the provisions of Article 6(1) of Regulation (EC) No.593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
10.4. These STORE T&C, and therefore the contracts created by these STORE T&C, are written in Czech and English. If other language versions of these STORE T&C are available through the PRUSA website, the provisions of these STORE T&C in the English version shall prevail in the event of a conflict between such foreign language versions and the English version. Contracts are archived and are not publicly available.
10.5. PRUSA is not bound by any special codes of conduct in relation to PRINTABLES STORE users.
10.6. The parties expressly exclude the application of the Vienna Convention on the Purchase of Goods to contractual relationships established under these STORE T&C.
10.7. The invalidity or ineffectiveness, even in part, of any provision of these STORE T&C or any part thereof shall not affect the validity and effectiveness of the remaining provisions.
10.8. This version of STORE T&C is valid and effective from 13.12.2023. For Creators offering of digital content through the Club function according to the PRINTABLES Club Terms of 3.8.2023 (the "Club Terms"), these STORE T&C shall become effective either (i) upon registration of a new Store by such Creator, in which case these STORE T&C shall supersede the original Club Terms in their entirety; or (ii) shall become effective on January 1, 2024, whichever is earlier.
10.9. The current and effective version of these CLUB & STORE T&C is available at https://www.prusa3d.com/page/printables-club-and-store-terms-and-conditions-for-creators_236503/