Terms of service

OVERVIEW

This website (referred to as "Site") is operated by STARFALL sp. z o.o., whose contact details are indicated in Section 20 (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 products available on it, to you (referred to as "you" or "User") conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site and/or purchasing something from us (referred to as "Products"), you agree to be bound by the following terms and conditions (referred to as "Terms"), which regulate both the use of the Site and your purchases, including those additional terms and conditions and policies referenced herein and/or available on 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 shall prevail.

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

Under applicable legislation, these Terms, as well as specific provisions applicable to the Products (including price, discounts, appearance, sizes and other characteristics), are considered as an offer requiring expressed acceptance.

A breach or violation of any of the Terms will result in immediate action on our part, which may include termination of your account, refusal to sell Products, or any other legal and appropriate action at our discretion.

Any new features or tools added to the current store shall also be subject to these 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., which provides us with the online e-commerce platform that allows us to sell our Products to you. Some of their terms may therefore also apply; however, we do our best to include all relevant terms on 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 is generally 18 years of age or older), or that you have given us your consent to allow any of your minor dependents to use this Site.

Persons under guardianship are not permitted to use the Site and/or purchase Products without the consent of their guardian.

We may from time to time request proof of age to verify that you meet 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 your 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 our sole discretion, request additional documentation to prevent fraud, misuse, or other prohibited activities.

Section 2. General Conditions

Products are intended for personal purchases only and not for 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, add it to your shopping bag using the "Add to bag" button. In the shopping bag view, you can review your order and remove any Product before proceeding to checkout.

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

After we receive 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 decline any order for operational, legal, or commercial reasons, including but not limited to insufficient stock, temporary delivery restrictions to your country or territory, a defective Product, or suspicion that items are being ordered for commercial resale.

If we are unable to approve your order, we will notify you as soon as possible after the automatic confirmation email has been sent.

An order is considered approved on our part once we send you a shipping confirmation email containing all relevant order and delivery information.

Prices may be modified at any time at our discretion; however, we prefer not to change prices for orders that have already been approved. Such changes may only occur where permitted by applicable legislation.

We may apply regional pricing, where the price of the same Product differs by region.

Prices displayed on the Site include statutory value added tax (where applicable) but do not include delivery charges. The total cost including delivery will be displayed at checkout. Customs clearance costs cannot be determined by us and are therefore not displayed. It is your responsibility to verify whether any additional duties or taxes apply in your country or territory, and to pay those duties or taxes accordingly.

To make any purchase, payment is required. Please note that your data (excluding credit card information) may be transferred unencrypted and may involve transmissions over various networks and technical adaptations to conform to the requirements of connecting networks or devices. Credit card information is always encrypted during transfer and is considered safe to transmit in all cases.

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 as the sole basis for making decisions without consulting more accurate, complete or 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 is not current and is provided for 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 in accordance with our Refund Policy.

We have made every effort to display the colors and images of our Products as accurately as possible. 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 we offer. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. 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 local legislation regarding the labelling and marking of Products. However, given the global nature of our business, updates may not always be reflected immediately. For any questions regarding labelling or marking, please contact our support team, who will be able to assist you.

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 email address and/or billing address or 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 have no monitoring, control or 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 of 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 such tools are provided by the relevant third-party provider.

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 of such websites, 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 carefully review the third party's policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third party.

Section 8. User Comments, Feedback And Other Submissions

If, at our request, you send certain specific submissions, or if 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 to: (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) 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 that violates any party's intellectual property rights 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 our operations. You may not use a false email 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 at: https://syxed.com/policies/privacy-policy

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, 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 on the Site 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 on the Site or on any related website, including pricing information, except as required by law.

Section 11. Prohibited Uses

In addition to other prohibitions set forth in these 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 suspend access to the Site for indefinite periods of time, or discontinue the Site entirely, 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 are provided "as is" and "as available" for your use, without any representations, 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.

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 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. Because some states or jurisdictions do not allow the exclusion or 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 company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees 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 may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may accordingly 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 of the Products constitute the entire agreement and understanding between you and us and govern your use of the Site and the purchase of Products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including 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 18. Miscellaneous

You can review the most current version of the Terms at any time on 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 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 19. Contact Information

Questions about the Terms should be sent to us at support@syxed.com.

Starfall sp. z o.o.
ul. Kalwaryjska 69/9, 30-504 Krakow, Poland
NIP: 679329228