TERMS AND CONDITIONS

TERMS AND CONDITIONS FOR DIGITAL PRODUCTS


1. GENERAL PROVISIONS AND IDENTIFICATION
1.1. These Terms and Conditions (hereinafter referred to as “Terms”) govern the mutual rights and obligations between the Seller and the Customer (hereinafter referred to as “Buyer” or “Consumer”) arising from or based on a purchase contract concluded via the online store located a lasercutdesign.art
1.2. The Seller’s identification and contact details are as follows: [1, 2, 3]
Business Name / Name: LaserCut Design
Email Address: lasercutdesignart@gmail.com


1.3. Subject of the Contract: The subject of the purchase is downloadable digital content, specifically digital files of vector graphics (including but not limited to .AI, .EPS, .SVG, and .PDF formats), which are not supplied on a tangible medium (hereinafter referred to as “Digital Content”).
1.4. By submitting an order, the Buyer agrees to these Terms. The contract is concluded in the English language. [1, 2]

2. ORDER PROCESSING AND DELIVERY CONDITIONS
2.1. All presentations of the Digital Content on the website are for informational purposes only, and the Seller is not obliged to conclude a contract regarding this Digital Content.
2.2. Prices displayed on the website are final and include all applicable taxes (including VAT, if applicable).
2.3. To order the Digital Content, the Buyer must complete the checkout process on the website.
2.4. Delivery Method: The Digital Content is delivered immediately after successful payment. Delivery is fulfilled at the exact moment the Seller provides the Buyer with an automated download link via email, makes the file accessible within the Buyer’s user account, or transmits the files directly. [1, 2]

3. RIGHT OF WITHDRAWAL (REFUND POLICY)
3.1. Exclusion of the Right of Withdrawal: Pursuant to Article 16(m) of the EU Consumer Rights Directive (Directive 2011/83/EU), the statutory 14-day right of withdrawal and cooling-off period for distance contracts does not apply to the supply of digital content not delivered on a tangible medium if the performance has begun.
3.2. The Buyer explicitly acknowledges and agrees that by completing the checkout process and consenting to immediate delivery, the performance begins immediately after successful payment. Once the download link is provided or the file is otherwise made accessible, the contract is fully performed, and the Buyer legally loses their right to withdraw from the contract or request a refund without giving a reason.
3.3. EU Electronic Withdrawal Function (Withdrawal Button): In accordance with Directive (EU) 2023/2673 amending Directive 2011/83/EU, an automated electronic withdrawal function (“Withdrawal Button”) is provided on the online interface. This function allows consumers to submit a cancellation form with a single click. However, in accordance with Section 3.2 of these Terms, this function cannot be used to claim a refund for Digital Content that has already been delivered or downloaded with the Buyer’s prior express consent. [1, 2, 3, 4, 5, 6]

4. CONFORMITY OF DIGITAL CONTENT AND DEFECTS (WARRANTY POLICY)
4.1. The Seller warrants that the Digital Content conforms to the description, file format specifications, and functionality listed on the respective product page at the time of purchase, in accordance with Directive (EU) 2019/770 on contracts for the supply of digital content and digital services.
4.2. Definition of a Technical Defect: The Digital Content is considered defective only if: [1, 2]
The files are corrupted and cannot be downloaded or opened using standard vector editing software.
The content is incomplete or completely fails to match the declared technical specifications (e.g., a chybějící vector format).
4.3. Exclusion of Defects: Minor color variations or visual discrepancies caused by the individual calibration, properties, or setup of the Buyer’s monitor, screen, or displaying hardware do not constitute a defect.
4.4. Remedy of Defects: In the event of a valid technical defect, the Buyer has the right to have the defect remedied free of charge by receiving a corrected, fully operational, or replacement file. If the Seller fails to remedy the defect within a reasonable time, the Buyer is entitled to a proportionate reduction of the purchase price or a full refund.
4.5. All warranty claims must be sent electronically to lasercutdesignart@gmail.com . The Buyer must provide the order number, the name of the product, and a clear description or screenshot of the technical defect. [1, 2]

5. INTELLECTUAL PROPERTY AND LICENSING AGREEMENT
5.1. All Digital Content (vector graphics) sold via the online store remains the intellectual property of the Seller and is protected by copyright laws and international treaty provisions. The purchase of the Digital Content does not transfer ownership of the artwork to the Buyer.
5.2. By purchasing the Digital Content, the Buyer is granted a commercial license.
5.3. Prohibited Uses: The Buyer is strictly prohibited from reselling, sub-licensing, redistributing, sharing for free, uploading to public file-sharing networks, or claiming ownership of the vector files or the artwork contained therein. [1, 2]

6. ONLINE DISPUTE RESOLUTION (ODR)
6.1. The European Commission provides a centralized platform for Online Dispute Resolution (ODR) to help consumers resolve disputes out of court. This platform is accessible at: europa.eu.

7. GOVERNING LAW
7.1. These Terms and any contract formed under them shall be governed by and construed in accordance with the laws of Ukraine, without giving effect to any principles of conflicts of law. This choice of law does not deprive a consumer of the protection afforded to them by provisions that cannot be derogated from by agreement under the law of their habitual residence

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