AGB

OVERVIEW

This website (we will call it “Site” for the convenience) is operated by  STARFALL sp. z o.o., which details are indicated below, (doing business as Syxed). Throughout the Site, the terms “we”, “us” and “our” refer to Syxed.

Syxed offers this Site, including all information, tools and any products available in this Site to you,  (we will call “you” or “User” for the convenience) conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site and/or purchasing something from us (let’s call it “Products”), you agree to be bound by the following terms and conditions ( we will call it “Terms” for the convenience), which regulate either use of the Site or your purchases, including those additional terms and conditions and policies referenced herein and/or available at the Site. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

However, some specific Products may have their own terms, and where any contradictions between these Terms and those terms arise, the latter ones shall prevail.

Please, read these Terms carefully before accessing or using our Site. If you do not agree to all Terms, then you may not access the Site or purchase any Products.

According to our legislation, the Terms, as well as specific provisions applicable to the Products (this implies their price, discounts, appearance, sizes and other important things) are considered as an offer and expressed acceptance shall be observed.

A breach or violation of any of the Terms will result in an immediate actions from our side, which may result the termination of your account, refusal in sale of Products, or any other action which is legal and suitable, at our discretion, to remedy such breach or violation.

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products to you. Therefore, some of the terms of their shall apply too, however, we do our best to have all of the terms to be indicated at this page

SECTION 1 - ELIGIBILITY REQUIREMENTS
By agreeing to these Terms , you represent that you are:

- either at least the age of majority in your state or province of residence, which usually means you are 18 years old or above,

- or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

In no event persons under a guardianship are allowed to use the Site and/or purchase Products without the consent of their guardian.

From time to time we may request any proof of the age to be sure that you meet with the conditions above.

To access certain features of the Site, including ordering, you must complete the registration process and create an account. By registering, you agree to provide accurate, current, and complete information, including a valid email address, username, and password. You are responsible for maintaining the confidentiality of login credentials and agree not to disclose your password to any third party. Each individual is permitted only one account, and any attempt to create multiple accounts or to impersonate others may result in the suspension or termination of all related accounts.

We reserve the right to verify the information provided during registration and may, at its sole discretion, request additional documentation to prevent fraud, misuse, or other prohibited activities.

SECTION 2 - GENERAL CONDITIONS

The products are intended for the personal purchases, but not for a commercial use. You may not place an order for corporate, commercial or self-employed activities. We do not issue commercial VAT invoices for corporate use.

To purchase any Product you collect the specific Product you wish to order in your shoppingbag using the "Add to bag" button. In the shoppingbag view, you can review your order and remove any Product you have changed your mind about before proceeding to the checkout.

When you place your order by clicking the "Complete purchase" button, you are making a binding offer to purchase the items in the shoppingbag in according to these Terms, terms applicable to the corresponding Product, as well as with the characteristics of the Product. Depending on your selected payment method, further steps may be required to finalise your payment.

After we receipt your order, we will send you an automatic email confirmation that your order has been placed.

For various reasons, we may not be able to approve your order. We reserve the right to not approve your order for any operational, legal, or commercial reason. It may be due to the fact, we don’t have enough Products in stocks, or we have a temporary issue with the delivery to your country of territory, or the Product you ordered is defect, or in case we suspect that items are being ordered for commercial reselling purposes, etc.

If we are unable to approve your order, we will let you know at the earliest opportunity after the automatic email confirmation has been sent.

The order is deemed approved from our side if we send you a shipping email confirmation, which includes all information about the order and terms of its delivery.

Prices can be modified by us at any moment for any reason at our discretion, however we rather to not change prices for the orders which have been approved by us: such things may happen only if the legislation allows such changes.

We may have regional prices, where a price for the same Product is different for the different regions. 

The prices displayed in the Site include the statutory value added tax (where applicable), but do not include delivery charge. In the checkout view, the total cost for your purchase including delivery charge will be displayed. However, the cost of the customs clearance cannot be precisely determined by us and therefore is not displayed. It should be always your responsibility to check whether any additional duties or taxes are applied in your country or territory, as well as it should be your obligation to pay those duties or taxes.

To make any purchases you need to pay for them. We’d like to aware you, that your content (but not credit card information!!), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks and in all cases scenario is deemed safe to transmit.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

SECTION 4 - PRODUCTS
Certain Products may be available exclusively online through the Site. These Products may have limited quantities and are subject to return or exchange only according to our Refund Policy
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Product that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.

We do our best to comply with the local legislation with regard to the labelling and marking the Products, however, given the global nature of our business, we may no adjust the corresponding information in time. Therefore, any questions on missed or inaccurate labelling or marking can be asked from our support team. They always have all necessary information in their possession to assist you with the questions you have.

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy

SECTION 6 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Site (including the release of new tools and resources). Such new features shall also be subject to these Terms.

SECTION 7 - THIRD-PARTY LINKS
Certain content, Products and services available via our Site may include materials from third-parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect, in our understanding, our operations. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Products that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site, in Product or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Site, in Product or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site, in Product or on any related website, should be taken to indicate that all information in the Site, in Product or on any related website has been modified or updated.

SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
You agree that from time to time we may prohibit access to the Site for indefinite periods of time or cancel the Site at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all Products delivered to you as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. This does not mean the Products have no warranty or instead of pants you will get a cap, but it means we are not obliged to make an additional print on a T-shirt if it is not indicated in the corresponding picture.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or any Products procured using the Site, or for any other claim related in any way to your use of the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or Product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Syxed and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms , such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Site, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site (or any part thereof).

SECTION 16 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Site or in respect to the Products constitutes the entire agreement and understanding between you and us and governs your use of the Site and purchasing Products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 17 - GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of Poland.

SECTION 19 - MISCELLANEOUS
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms should be sent to us at support@syxed.com.
Our contact information is posted below:
support@syxed.com

Starfall sp. z o.o.
ul. Kalwaryjska 69 / 9, 30-504 Kraków, Poland

NIP 6793292287

REGON: 527900738

KRS: 0001090284