Gebruiksvoorwaarden

Dit document is alleen in het Engels beschikbaar.

1. Who we are

Headpat Shop (headpat.shop) is run by Dominic Stilma, trading as Headpat, Friedhofsweg 10, 49843 Uelsen, Germany ("Headpat", "we", "us"). Full details are in the imprint. You can reach us at help@headpat.shop.

These terms apply to Headpat Shop only. headpat.place and headpat.space are separate services with their own terms and accounts.

2. What Headpat Shop is

Headpat Shop is a marketplace for digital goods such as 3D models, avatars, textures and tools, made by independent creators.

When you buy something, you buy it from Headpat. Headpat is the seller (merchant of record): we take your payment, issue your invoice, collect and pay any tax due, and handle refunds and chargebacks. The creator made the product, describes it and sets the license terms you get with it.

3. Accounts

You must be at least 18 years old to create an account or buy on Headpat Shop.

You can sign up with email and password or with Google or Discord. Keep your login details safe; you are responsible for what happens under your account. Tell us at help@headpat.shop if you think someone else has access to it.

You can also buy without an account using only your email address. We email you a receipt with a download link. If you later create an account with the same email address, your earlier purchases move into your library.

4. Prices and payment

Creators set their prices in euros or US dollars, and you pay in that currency. Where we charge VAT, the storefront shows prices including the VAT we estimate for your country, and checkout shows the exact tax for your billing address before you pay. While we use the small-business rule (§ 19 UStG), we charge no VAT; the storefront and every invoice say so.

Payments are processed by Stripe. Depending on your country you can pay by card, PayPal or other methods Stripe offers. Where we charge VAT, business buyers can enter a VAT ID at checkout; where reverse charge applies, the invoice says so.

Your contract with us is concluded when your payment succeeds. We then email you a receipt, make the product available to you, and put the invoice on your order page.

5. Right of withdrawal for digital content

If you are a consumer in the EU, you normally have the right to withdraw from a contract within 14 days without giving a reason.

For digital content that is not supplied on a physical medium, this right ends once we make the download available, if you expressly agreed to that and confirmed that you know you lose the right. We ask for this at checkout, and the download is only made available after you agree. We store your consent with your order.

Our refund policy gives you more than the law requires: if you have not downloaded a product yet, you can refund it yourself within 14 days.

6. Licenses

Every product comes with license terms, shown at checkout. You accept them when you buy, and we store the exact terms with your purchase. Unless the license says otherwise, you may use the product yourself but may not resell, share or redistribute its files.

7. Your library

Products you bought stay in your library, and you can download them again, including new versions the creator uploads. Download links are short-lived and personal; do not share them.

If a product breaks the law or someone else's rights, for example after a valid copyright notice, we can remove it and block its downloads.

8. Reviews

You can review a product you bought. Reviews are public and show your display name. Write honestly and about the product. We remove reviews that are unlawful, abusive, off-topic or advertising.

9. Rules for everyone

Do not use Headpat Shop to break the law, to infringe other people's rights, to harass anyone, or to spread malware or scams. Headpat Shop is for safe-for-work content only.

Every product and creator page has a report button. To report a copyright infringement, use our notice form.

We can suspend or close accounts that break these rules. Where possible we tell you why and give you a chance to respond.

10. Chargebacks

If something is wrong with an order, please contact us first. If you file a chargeback, we answer it with the records of your purchase (for example your consent at checkout and the download log). If a chargeback goes against us although the purchase was in order, we can block further purchases from you.

11. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.

For slight negligence we are only liable if we breach an obligation that is essential to the contract and that you can normally rely on, and only for the damage that is typical and foreseeable for this kind of contract.

Your statutory rights for defective digital products are not affected.

12. Ending your account

To delete your account, write to help@headpat.shop from the email address of the account. We keep orders and invoices for as long as tax law requires, without linking them to your account.

13. Changes to these terms

We may change these terms when the shop or the law changes. We tell you by email at least 30 days before a change takes effect. If you do not agree, you can delete your account before then. Changes that would shift the balance of this agreement to your disadvantage only apply if you accept them.

14. Law and disputes

German law applies. If you are a consumer, the mandatory consumer protection rules of the country you live in still apply.

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

15. Commissions

Where a creator offers commissions, you can ask them to make work for you. The creator sends a quote; the contract is concluded when you pay it, and you pay in full before work starts. As with downloads, Headpat is the seller and issues your invoice.

At payment you agree that work starts right away and confirm that you know your right of withdrawal ends once the work is fully delivered. Cancellations, revisions, acceptance and disputes follow our refund policy.

Talk to the creator in the commission's conversation on Headpat Shop and receive the files there. The conversation and files are kept as the record of the commission, and Headpat staff read them if there is a dispute. The license for the work is the one in the creator's offer, shown before you pay.

16. Memberships

Where a creator offers memberships, you can support their shop every month. Each tier has a monthly price and includes the products the creator puts in it and in every lower tier. As with downloads, Headpat is the seller and issues an invoice for every month.

Billing. You pay the first month when you join, and then every month on the same day until you cancel. Where we charge VAT, it is added at checkout and on each invoice. If the creator changes a tier's price, it applies to new members only.
Your right of withdrawal. When you join you agree that the membership starts right away and confirm that you lose your right of withdrawal for each month once its included downloads are available to you.
Cancelling. You can cancel at any time on your memberships page. Nothing more is charged, and the membership ends at the end of the month you paid for. A started month is not refunded, apart from your statutory rights.
Failed payments. If a payment fails, our payment provider tries again for a while. Your access continues meanwhile; if no payment succeeds, the membership ends.
Access. You can download the included products while your membership runs. When it ends, that access ends too, also for products you downloaded before. Products you bought separately are not affected.
Changing tiers. To change tiers, cancel and join the new tier once the current membership has ended.

17. Affiliates

Anyone with an account who is at least 18 can join the affiliate program and share links to products whose creators allow it.

How it works. Your links carry your code (?ref=…). When someone opens a link and has allowed marketing cookies, we remember the code for 30 days. If they buy that product, or another product open to affiliates, within that time, you earn the percentage shown for it. Only the first purchase after a click counts, only a buyer's first purchase of a product counts, and the most recent link wins.
What counts. You earn nothing on your own purchases, on products from your own shop, on free products, or when the buyer did not allow marketing cookies. Commissions and memberships are not part of the program.
Getting paid. We pay through Stripe, like creators: you set up a Stripe account and turn on two-factor authentication. Your share of a purchase is transferred when the creator's share is, usually 7 to 14 days after the purchase. If a purchase is refunded or charged back, your share goes back too; if it was already transferred, we take it back or deduct it from later earnings.
Fair play. No spam, no misleading claims about products or Headpat, no paid ads on Headpat's name, and no clicks or purchases you arrange to earn a share. We may hold or cancel earnings and close your affiliate account if you break these rules.