Terms and Conditions

0. PREAMBLE.

0.1. To comply with the provisions of Law 34/2002, of July 11, about information society services and electronic commerce, LUIS LARA OSORIO, as owner of the website store.wirewheelsclub.com, states:

  1. Company name: LUIS LARA OSORIO – WIRE WHEELS CLUB STORE
  2. Registered office: Calle Galicia 33, 28942 – Fuenlabrada, Spain
  3. Contact: [email protected]

This information constitutes and regulates the conditions of use, limitations of liability and obligations that the users of the website published under the domain name store.wirewheelsclub.com assume and undertake to respect.

0.2. Definitions:

  1. “Website”: domain store.wirewheelsclub.com that is made available to Internet Users.
  2. “User”: natural or legal person who uses or browses the Website.
  3. “Product”: Each asset offered for sale on the Website. The assets are made up of 3D models, image textures and other digital files.
  4. “Buyer”: User of the Website who makes the purchase of a Product.

1. GENERAL CONDITIONS OF USE OF THE WEBSITE.

1.1. By simply accessing the Website or any of its integrated services, the User agrees to make appropriate use of them, accepting these conditions and in accordance with the law. Specifically, the user accepts the following obligations:

  1. Do not use the contents and/or information contained on this Website to send advertising, send messages for sales purposes or any other commercial purpose or to collect, store or process personal data.
  2. Refrain from deleting the identifying signs of the intellectual, industrial or any other property rights of LUIS LARA OSORIO or a third party that appear on this website.
  3. Refrain from evading or manipulating any technical device established for the protection of your rights by LUIS LARA OSORIO, or by third parties, on the Web, in the services integrated therein or in any of the elements, materials or information obtained therein.
  4. Not use or apply technical, logical or technological resources to benefit, directly or indirectly, with or without profit, from the unauthorized exploitation of the services or contents of the Website.
  5. Do not introduce, store or disseminate through the Website or any of the services contained therein, any computer program, virus, code, and, in general, do not carry out actions that, in any way, may damage, disable, overload or deteriorate the Website, the equipment, systems, networks, programs, data or information of LUIS LARA OSORIO or its suppliers and users.
  6. Respond for any damages that LUIS LARA OSORIO, workers, clients, suppliers, users or third parties in general may suffer, as a consequence of non-compliance with these general conditions or the particular conditions that apply to the services integrated into the Web. , obligating to hold harmless LUIS LARA OSORIO, workers, clients and suppliers against any claim, demand or sanction that may be formulated or imposed as a direct or indirect consequence of the aforementioned non-compliance.
  7. In case of registration, the User undertakes to truthfully provide the data provided and keep it updated.
  8. Not use, transfer, distribute or dispose of the information included in the service in a way that unfairly competes with LUIS LARA OSORIO.
User Obligations and Responsibilities.

1.2. The User undertakes to:

  1. Make appropriate and lawful use of the Website as well as the contents and services, in accordance with:
    1. The applicable legislation at all times.
    2. The General Conditions of Use of the Website.
  2. Provide yourself with all the means and technical requirements necessary to access the Website.
  3. Provide true information when filling out the forms on the Website with personal data and keep said information constantly updated so that it reflects the User’s real situation. The User will assume all responsibility for any false or inaccurate statement issued and for any damage that this may cause to LUIS LARA OSORIO or third parties due to the information provided.

1.3. In addition to what is established in the previous section, the User must also refrain from:

  1. Make unauthorized or fraudulent use of the Website and/or the contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the services or the documents, files and all types of content stored on any computer equipment.
  2. Access or attempt to access resources or restricted areas of the Website, without meeting the conditions required for such access.
  3. Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
  4. Introduce or spread malware or any other physical or logical systems on the network that are likely to cause damage to the physical or logical systems of LUIS LARA OSORIO, its suppliers or third parties.
  5. Attempt to access, use and/or manipulate the data of LUIS LARA OSORIO, third-party providers and other Users.
  6. Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
  7. Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of LUIS LARA OSORIO or third parties incorporated into the contents.

1.4. In particular, and by way of merely indicative and non-exhaustive purposes, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that in any way:

  1. Induces, incites or promotes actions that are criminal, denigratory, defamatory, violent or, in general, contrary to the law, morality or public order.
  2. Is contrary, belittles or attacks fundamental rights and public freedoms recognized constitutionally, in International Treaties and in the rest of the current legislation.
  3. Induces, incites or promotes discriminatory actions, attitudes or thoughts based on gender, race, religion, beliefs, age or condition.
  4. Incorporate, make available or allow access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality or public order.
  5. Induces or may induce an unacceptable state of anxiety or fear.
  6. Induces or incites involvement in practices that are dangerous, risky or harmful to health and mental balance.
  7. Is contrary to honor, personal and family privacy or people’s own image.
  8. It is protected by legislation on intellectual or industrial protection belonging to LUIS LARA OSORIO or third parties without the intended use having been authorized.
  9. Constitute any type of advertising.

1.5. If to access some of the services and/or content of the Website, a password is provided to the User, he or she will be obliged to use it diligently, keeping it secret at all times. Consequently, the User will be responsible for its adequate custody and confidentiality, committing not to transfer it to third parties, temporarily or permanently, nor to allow access to the aforementioned services and/or contents by outsiders. Likewise, you are obliged to notify WIRE WHEELS CLUB STORE of any event that may involve improper use of your password, such as its theft, loss or unauthorized access, in order to proceed to its immediate cancellation.

1.6. Consequently, until the previous notification is made, LUIS LARA OSORIO will be exempt from any liability that may arise from the improper use of its password, and the User will be responsible for any illicit use of the contents and/or services of the Website by any illegitimate third party.

1.7. If you negligently or willfully fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise from said failure to LUIS LARA OSORIO.

Owner Responsibilities.

1.8. LUIS LARA OSORIO does not guarantee continued access, nor the correct viewing, downloading or use of the elements and information contained in the pages, which may be prevented, difficult or interrupted by factors or circumstances that are beyond his control.

1.9. LUIS LARA OSORIO is not responsible for the decisions of third parties that may be adopted as a result of access to the content or information offered.

1.10. LUIS LARA OSORIO may interrupt the service or immediately terminate the relationship with the User if it detects that the use of this Website or any of the services offered therein is contrary to these General Conditions of Use.

1.11. LUIS LARA OSORIO is not responsible for damages, losses, claims or expenses derived from the use of the Website. LUIS LARA OSORIO will only be responsible for eliminating, as soon as possible, the content that may cause such damage, provided that it is notified.

1.12. In particular, LUIS LARA OSORIO will not be responsible for any damages that may arise, among others, from:

  1. Interferences, interruptions, failures, omissions, breakdowns or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications networks, or by any other cause beyond the control of LUIS LARA OSORIO.
  2. Illegitimate intrusions through the use of malicious software of any type and through any means of communication, such as computer viruses or similar.
  3. Improper or inappropriate abuse of the Website.
  4. Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of it.

1.13. LUIS LARA OSORIO reserves the right to withdraw, totally or partially, any content or information present on the website.

1.14. LUIS LARA OSORIO will not be responsible for the damages of any nature that could be due to the misuse by the users of the website. Likewise, LUIS LARA OSORIO is exempted from any responsibility for the content and information that can be received as a result of the data collection forms, being the same only for the provision of the services of consultations and doubts. On the other hand, in case of causing damage due to the illicit or incorrect use of said services, LUIS LARA OSORIO may claim the user the damages caused.

1.15. The User undertakes to defend, compensate and exempt LUIS LARA OSORIO from any damage resulting from claims, actions or demands of third parties due to the use of the website by the user. In addition, the User agrees to compensate LUIS LARA OSORIO for any damage that arises from the use of tools to collect or extract data, or from any other action of his that results in an excessive workload for the website servers.

1.16. The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Website solely for private and non-commercial use. Websites that link to our Website must not imply that LUIS LARA OSORIO (or WIRE WHEELS CLUB) endorses said website or its services or products, nor misrepresent its relationship with LUIS LARA OSORIO, nor represent that it has authorized such link, nor include trademarks, trade names, logos or other distinctive signs of LUIS LARA OSORIO without its explicit and written consent.

1.17. LUIS LARA OSORIO may request, at any time, that you delete any link to the Website, after which you must immediately proceed to its elimination. LUIS LARA OSORIO cannot control the information, content, products or services provided by other websites that have established links to the Website. Consequently, LUIS LARA OSORIO does not assume any type of responsibility for any aspect related to such websites.

2. LICENSE.

2.1. Upon payment for a Product, the Buyer is granted a license under the terms and conditions outlined in this section. The license rights associated with the Product depend on the successful transfer of funds from the Buyer to LUIS LARA OSORIO. Should a sale be reversed for any reason, all license rights will immediately and automatically terminate without notice.

General terms of Licensing.

2.2. All the Product for sale at store.wirewheelsclub.com is property of LUIS LARA OSORIO.

2.3. Buyers do not own any Product and are only licensed to use it in accordance with terms and conditions of the applicable license. LUIS LARA OSORIO will always retain copyright in Products purchased by any Buyer.

2.4. The license to use the Product is non-exclusive, non-transferable and is granted only to the original Buyer.

2.5. Product may not be sold, given, or assigned to another person or entity in the form it is downloaded from the Site or in 3D printed physical form. Product may not be used to create visual content, such as scenes, videos, or designs, which are published or sold through other stock media clearinghouses, unless it meets Incorporated Product criteria and it does not play a key role in the visual content.

Royalty Free License.

2.6. Royalty Free License allows the Buyer to use the Product without the need to pay royalties or other license fees for multiple uses, per volume sold, or some time period of use or sales.

2.7. Buyer shall not:

  1. Sub-license, re-sell, repackage, rent, lend, give, assign, donate or otherwise redistribute the image(s) or the rights granted under this Agreement. This includes bundling the image(s) with a 3D scene, 3D model or map intended for a resale, license or other distribution.
  2. Display the Product in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement.
  3. Represent itself as being the original creator, owner or exclusive licensee of the Product.
  4. Use the Product as an input (the Product itself, its metadata, rendered images, etc.) to machine learning or training of neural network models, including generative AI.

2.8. The Buyer’s license to Product in this paragraph is strictly limited to Incorporated Product. Any use or republication, including sale or distribution of Product that is not Incorporated Product is strictly prohibited. Approved distribution or use of Product as Incorporated Product includes, but is not limited to:

  1. As rendered still images or moving images; resold as part of a feature film, broadcast or stock photography.
  2. As purchased by a game’s creators as part of a game if the Product is contained inside a proprietary format and displays inside the game during play, but not for users to re-package as goods distributed or sold inside a virtual world.
  3. As purchased by creators of virtual worlds, metaverses, applications or platforms (including, but not limited to, social media platforms) if Product is provided to users of such virtual worlds, metaverses, applications or platforms to create embedded content and distribute, modify, publicly perform, or display such embedded content, provided that:
    1. Product is not downloadable by users of such virtual worlds, metaverses, applications or platforms in the form in which it is downloaded from the Site.
    2. Product is not re-packaged as goods sold inside a virtual world, metaverse, application or platform.
  4. As Product published within a book, poster, t-shirt or other item.
  5. As part of a physical object such as a toy, doll, or model.

2.9. If the User uses any Product in software production (such as video games, simulations, or VR-worlds) it is mandatory to take all commercially reasonable measures to prevent the end user from gaining access to the Product. Methods of safeguarding the Product include but are not limited to:

  1. Using a proprietary disc format.
  2. Using a proprietary Product format.
  3. Using a proprietary and/or password protected database or resource file that stores the Product data.
  4. Encrypting the Product data.

2.10. Without prejudice to sub paragraphs previously metioned, LUIS LARA OSORIO grants to the Buyer who purchases license rights to Product and uses it solely as Incorporated Product a non-exclusive, worldwide, license in any medium now known or hereinafter invented to:

  1. Reproduce, post, promote, license, sell, publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes.
  2. Use any trademarks, service marks or trade names incorporated in the Product in connection with Seller material.
  3. Using a proprietary and/or password protected database or resource file that stores the Product data.
  4. Encrypting the Product data.

2.11. Absent a written grant of rights greater than that contained in this section, all other rights or sub-divisions of rights generally included in copyright are excluded from this license and remain the property of LUIS LARA OSORIO.

Editorial License.

2.12. Certain Products with third party copyrighted or trademarked images, logos, brand names, etc., may require additional licensing, rights, permissions, releases, or clearance for use. It is the sole responsibility of the Buyer and their legal advisor to determine, before purchasing or using any Product, whether additional licensing, rights, permissions, releases, or clearance are necessary for the intended use of Product.

2.13. It is the Buyer’s sole responsibility to obtain any licensing, rights, permissions, or clearance from third party copyright owners.

2.14. LUIS LARA OSORIO will not be in any way responsible for any damages that may arise as a result of the use of the Product by the User without the proper permissions and copyright licenses that belong to third parties.

2.15. Buyer may only use Products marked as “Editorial License” or “Editorial Use Only” for legitimate, editorial purposes on some issue of journalistic, editorial, cultural or otherwise newsworthy value. Examples of editorial use/fair use may include:

  1. Illustrate content or articles that is newsworthy, or of public interest including sports, entertainment or cultural events, in any type of publication, whether print or digital, such as books , textbooks, encyclopedias, research books or articles, newspapers, magazines, blogs, if provided there is a reasonable connection between the image and the content.
  2. News or other educational or informational programs, including documentary films.
  3. Non-commercial presentations.
  4. Personal use.

2.16. Buyer understands and agrees that Product marked as “Editorial License” or “Editorial Use Only” may contain material that is not released from its rights holders.

2.17. For users, who are not brand/Intellectual Property owners or official affiliates, the restrictions of Editorial-licensed content usage include, but are not limited to, the following cases:

  1. Products may not be used on any item/product created for resale such as, commercials, for-profit animations, video games, VR/AR applications, or physical products such as a merchandise or t-shirt.
  2. Products may not be used as part of own product promotional materials, billboard, trade show or exhibit display.
  3. The product may not be incorporated into a logo, trademark or service mark. As an example, you cannot use Editorial content to create a logo design.
  4. Products may not be used in any insulting, abusive or otherwise unlawful manner.
  5. The product may not be used for any commercial related purpose.

3. TERMS OF SALE.

3.1. The general conditions of sale presented here apply strictly to all product transactions made through the Website store.wirewheelsclub.com, which is property of LUIS LARA OSORIO. Any order placed on said Website entails, as an essential, determining and unavoidable condition, the unconditional acceptance by the Buyer of the Terms of Sale in force at the time of placing the order. Likewise, the Buyer acknowledges that accepting these conditions means that they will apply to the order in question, as well as to any future order, except in those cases in which new conditions are notified to the Buyer through the website.

3.2. The fact that WIRE WHEELS CLUB STORE does not resort to any of these conditions at any given time cannot be interpreted nor will it be equivalent to renouncing resort to them in the future or in the past.

Prices and Taxes.

3.3. The prices listed on the website are prices EXCLUDING VAT, and local taxes may be added during checkout. The breakdown of applicable taxes can be checked during checkout and will be reflected in the tax invoice and in the receipt sent with the confirmation email when completing the payment. The VAT will be passed on to each Buyer according to their country of origin as follows:

  1. Buyer from Spain: the VAT corresponding to their region will be applied, both individuals and companies.
  2. EU Buyer (excluding Spain): they may see the VAT of Spain or their country applied. Those clients with a VAT number will be exempt from paying VAT after a correct verification in the VIES registry, and must declare it in their country through Reverse Charge.
  3. Buyer outside the EU: VAT will not be applied.
Product.

3.4. WIRE WHEELS CLUB STORE offers “Digital Products”, products in digital format online or downloadable.

Delivery.

3.5. The purchased products will be downloadable immediately after confirming the purchase. A purchase receipt will be sent to the email address indicated by the Buyer during checkout or registration on the Website and can also be consulted in the user account created by the Buyer on this Website. This receipt is NOT VALID for tax purposes. The tax invoice will be sent to the email address indicated by the Buyer within a maximum of 72 business hours after placing your order. An order is considered delivered when the download message arrives along with the link that gives access to the content.

User Registration.

3.6. To make purchases on this Website, it is not mandatory that the Buyer register as a User, but registration allows the User to consult their orders, download models and invoices, and access technical support. We will request your personal data to generate your customer file; said data will be protected under the provisions of Law 15/1999, of December 13, on the Protection of Personal Data.

3.7. Only people over 18 years of age can register in the Website.

Refunds Policy.

3.8. All the Product offered in store.wirewheelsclub.com is considered a “Digital Product”. A Digital Product is non-returnable once the order is confirmed and the download links are sent.

3.9. The Buyer is covered by the right of withdrawal, which grants the consumer the power to cancel a contract concluded remotely within a period of 14 calendar days and without the need to allege any cause for doing so. The right of withdrawal will be CANCELED at the moment in which the user, having read and accepted the “Terms and Conditions of Use”, and having access to the download links, STARTS downloading the Product, even if said download is not completed.

3.10. All payments done at Wire Wheels Club Store have a 10% surcharge applied as a “Payment Processing Fee”. This surcharge is included in the price and is borne by Luis Lara Osorio during the purchase process.

3.11. Surcharges derived from payment processes are NOT covered by the Right of Withdrawal, and will always be borne by the Buyer during the refund process. This means that, if the Buyer meets the necessary conditions to request a refund under the Right of Withdrawal, the Buyer will receive the total amount of said order (tax included) MINUS 10% of the total amount of said order as “Payment Processing Fee”.

4. LEGISLATION AND JURISDICTION.

4.1. For any questions that may arise regarding the interpretation, application and compliance with these Terms and Conditions, as well as any claims that may arise from their use, all parties involved submit to the Judges and Courts of Madrid, expressly waiving any other jurisdiction that could correspond to them.

4.2. These Terms and Conditions are governed by Spanish Legislation.

5. CONTACT.

5.1 For any additional questions or concerns regarding the scope of these terms, please contact us at [email protected].