These Creative Buyer Terms of Use set out your rights and responsibilities when using our website (which we’ll refer to as our “Site”) as a creative buyer. These Creative Buyer Terms of Use are intended to ensure the best possible experience for you and other users, including creative designers.
In these Creative Buyer Terms of Use we may refer to the “Terms”. When we do, this has the meaning given in our General Terms of Use i.e. not just these Creative Buyer Terms of Use, but also the General Terms of Use and any other of our legal terms which may apply to you.
1. How It Works
At GraphicModa.com we provide an environment in which you can discover and license designs from independent creative designers. However, the contract for the licence of the relevant design(s) is between you and the creative designer – we are not part of that transaction, although we may facilitate it by acting as the creative designer’s agent. The licence granted between you and the creative designer will be made on a set of standard terms to which we require all our users to adhere (we call these the “Licence Terms”).
2. Opening Your Account
You can register as a user of our Site here. To register you will be asked to enter your name, contact details, and organisational details. You will also be asked to set a user login and password.
By way of reminder, our General Terms of Use set out certain terms relating to the information you provide to us and to account security and our Privacy Notice sets out details of how we may use that information.
If you are both a creative buyer and a creative designer, then you can upgrade your account at any time to allow you to use the Site as a creative designer. You will be required to input additional registration details and to comply with our Creative Designer Terms of Use.
3. Browsing Designs
Designs and Design Elements. Creative Designers who have registered accounts with us may list designs on our Site from time to time. Designs are available in the file formats specified in the design listings. When we refer to “designs” in our Terms then unless otherwise provided we are referring both to complete designs and also to design elements. Design elements are individual images, or collections of images, which you can use to create your own designs.
Placing your order. When you have found a design that you like, then you can order a licence of that design by clicking the “Add to Cart” button and then following the purchase instructions on our Site. The licence will be either Standard, Enhanced or Exclusive. See our Licensing page or the Licence Terms for the differences between these three types of licences. It is your responsibility to ensure that you have read and understood the description of the licence granted. When you place an order, three things will happen:
- you will be required to accept the Licence Terms. This means that you are entering into a legally binding contract with the creative designer of the relevant design under which they agree to provide you with a licence to use the design and you agree to pay for the design;
- you will be required to pay the price listed for the design licence as an up-front payment; and
- once your payment has been received and your order confirmed, you will be able to download your purchased design via your account. You will also be sent a confirmation email. The design will be available for at least a period of thirty (30) days from the original purchase.
You should ensure that you have read and understood the Licence Terms before ordering any design and making payment.
Payment currencies. Although designs are listed in UK pounds sterling, you may pay in any currency. The conversion rate applied will be determined by our nominated payment processing service provider, PayPal (Europe) S.a.r.l. et Cie, S.C.A. (“PayPal”).
Payment processing. The payment that you make when ordering any design is a payment that you make to us, which we remit to the relevant creative designer. We facilitate that payment through PayPal. You can make payment by most major debit or credit cards, and in particular any Visa, MasterCard or American Express card. We do not receive your credit or debit card information as this is processed by PayPal – see our Privacy Notice for further information.
Limits on payment processing. The payment processing facilities that we provide through PayPal (or any other creative designer) may be suspended or modified by us or on our behalf at any time and for any reason. We may impose security measures such as transaction limits on our users (for example, limiting the value or frequency of transactions). We will not have any liability to you if you are unable to purchase any design due to the unavailability of our Site or the payment processing facilities provided through PayPal.
4. Cancellation and Refunds
Consumer rights. Consumers in the United Kingdom are generally entitled to certain cancellation rights in relation to contracts concluded at a distance, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015 (we’ll call these together the “CRA”).
However, the CRA provides that no such cancellation rights apply in relation to digital content once it has been downloaded. You therefore acknowledge and accept that you will have no rights under the CRA to cancel any order for designs made through our Site once downloaded.
No rights of cancellation. Likewise, we do not offer any other right of cancellation or refund. If the file you download is corrupt, is the wrong design or otherwise contains an error, then you should contact us so that we can remedy the situation and make the correct design available for download.
5. Use of Designs
Ownership of intellectual property rights. Ownership of all intellectual property rights in the designs listed on our Site shall remain with the creative designer at all times. When you use our Site to purchase a licence of a design, you are purchasing limited rights to use the design rather than ownership of the intellectual property rights in that design. You may not make any claim to own the intellectual property rights in the design nor claim the design as your own work.
Use of designs. The scope of your permitted use of the designs is set out in the Licence Terms, and will depend on the kind of licence you have purchased (see our Licensing page for details).
6. Technical Errors
Technical Error. While we endeavour to provide our service as described, some technical errors may be inevitable (for example, there may be an error in a price listing, or a design licensed on an exclusive basis may remain listed on the Site). You must notify us as soon as possible if you become aware of any error and we will do the same for you. In the event of any material error, we will try to agree an appropriate solution with you. If the matter cannot be resolved, then we or the creative designer may terminate any contract with you in relation to any affected design and our liability to you shall not exceed the sums paid by you to us in connection with that design. The creative designer shall be entitled to rely on and enforce this provision.