Terms and conditions

§ 1 DEFINITIONS

Terms used in the Statue mean:

1. The Contractor – Administrator of Service ApexClan.com,   
2. User – a person, who is 18 years old and has full legal capacity, legal persons and organization units without legal personality, but which may acquire rights and incur obligations on their own name. Users may be persons, who are at least 13 years old, but as they are younger than 18, they can not acquire rights and incur obligations in accordance with the provisions of applicable law,   
3. Login – a unique Username,   
4. Store – the site founded by platform ApexClan.com for selling Assortment with using graphic patterns and verbal-graphic patterns, posted on the platform by the User,   
5. Account – the site in the platform conducted for the User by ApexClan.com under the User Login, which is a collection of resources that the User data and information about User activities are gathered,   
6. Assortment – all products available in the Generator and the platform Apex Clan.com for the User without an Account, or after creating an ordinary Account and logging, owned by the Contractor,
7. Generator – the application, which allows to place graphics on the products.
   
   

§ 2 GENERAL PROVISIONS

1. The present Rules have been settled on the basis of the laws applicable in the territory of the Republic of Poland. The Statute, together with the law regulations, on an exclusive and exhaustive way, regulates issues concerning the use of the Website ApexClan.com available online at http://ApexClan.com.   
2. The Statute defines in particular:   
   1. the types and range of services provided electronically,       
   2. conditions for the provision of electronic services, including:       
      1. the technical requirements necessary to support the ICT system, which is used by the service provider,           
      2. interdict on the illegal content delivered by the User,           
   3. conditions for concluding and terminating contracts for provision of electronic services,       
   4. complaints procedure.   
3. The Personal Data Administrator is Studio Bozon Spolka z oo with its registered office at Poland, EU, 67-120 Kożuchów, ul. 22 Lipca 1807 20c/9, NIP PL9252099416, registered in the District Court of Zielona Góra and VIII Economic Division of the District Court Register under the number 0000420244, e-mail: info@ApexClan.pl   
4. The Contractor provides services electronically in accordance with these rules and the law on electronic services.
   
   

§ 3 TYPES AND SCOPE OF SERVICES PROVIDED ELECTRONICALLY

1. The following services are provided:       
   1. Users can Place graphic patterns and verbal-graphic patterns on assortment offered in Store, by using Generator       
   2. Using any applications available in the website of Apex Clan.pl.
   3. Purchasing any products available in the Store  
      
      

§ 4 CONDITIONS OF CONCLUDING AND TERMINATING CONTRACTS FOR PROVISION OF ELECTRONIC SERVICES

1. Access to the Platform without Registration is equivalent to signing a contract for the provision of electronic services under the conditions specified in this Statute.   
2. The contract for the provision of electronic services is concluded for an indefinite period.   
3. The condition for the provision of services specified in the Statute is to read and accept all the provisions in this Statute.   
4. Registration is voluntary. However, the use of certain services provided by the platform is possible only after registration.   
5. For Registration, the User needs to complete a registration form at http://Apex Clan.com/store/my-account/ by providing the following information:   
   1. Login,       
   2. E-mail address,       
   3. User Account password. Provide other information is optional, but may be required to provide certain services on the Platform.       
   4. The Contractor may change the registration process or use of the website into conditional by authenticating the User data that is specified during registration.       
6. Conclusion of an agreement for the provision of electronic services is equivalent to submitting statements of the following content:  
   1. mitting statements of the following content: I join the use of the Service voluntarily,       
   2. I fulfill the conditions of the Regulations to become a User,       
   3. Data contained in the registration form are true and do not infringe the rights of third parties,       
   4. I agree with conclusion of an electronic services agreement,       
   5. I agree with the authorization of the Contractor in terms of processing, gathering, recording, storing, preparing, sharing and deleting personal information to the extent necessary to provide electronic services, as specified in these Rules.   
7. Unregistered User may terminate the agreement for the provision of electronic services at any time with immediate effect.   
8. Registered User may any time terminate the agreement for the provision of electronic services. The Statement of terminating the agreement by the registered User should be submitted via e-mail that is previously specified in the User Account. Declaration of the agreement’s termination date is the date on which the User receives the e-mail containing the declaration of termination the agreement.   
9. The Contractor may immediately terminate the contract for the provision of electronic services in relation to a registered user when:   
   1. The User, in the case of a change, does not update the data required for registration on the Platform immediately,       
   2. The User shares illegal content in the Platform,       
   3. The user transmit junk mail,       
   4. The user in flagrant or persistent breach, breaks the provisions of the Regulations or takes action contrary to the objectives and purpose of the Website,       
   5. The user has not used his account for at least 90 days.  
10. Termination of the agreement Statement for the provision of electronic services, which are submitted by the Contractor, will be sent to the email of the User account.  
11. The Termination of the agreement by either party, as well as its dissolution by mutual approval is equivalent to blocking the access to the User Account and its removal.
12.  TECHNICAL REQUIREMENTS
13. In order to use the services provided under these Rules and Conditions, the User should have:   
    1. An up to date web browser (can be any of them),
              
    2. A valid e-mail address.   
       
       

§ 5 PROHIBITION ON PROVIDING BY THE USER ILLEGAL CONTENT

1. Is prohibited, placing on the Website by the User illegal content, in particular:  
   1. infracting the regulations of applicable law,       
   2. infracting the rights of third parties,       
   3. offensive to the feelings of others, including the religious feelings, content of violence or materials on racist or Nazi content,       
   4. generally considered as vulgar and offensive,       
   5. harassing or infracting the good name of others,       
   6. containing the image of of third parties, who did not agree to distribute their image,       
   7. patterns, which do not have copyrights.   
      
      

§ 6 STORE & GENERATOR

1. The own design is created by selecting among available assortment in the Generator, uploading own graphic patterns, or word-graphic patterns on a given product, give it a name and determining the price, The Contractor, with the decided consent of the User reserves the right to change the price of the base of the important reasons, in particular the changes on side of of the manufacturer. Such a change has an impact on the final price of the product.
2. Prices of products posted on ApexClan.com website include value added tax (VAT).
   
   

§ 7 PRODUCTS AND ORDERS

1. Orders are made on the products of different companies and the choice of a company depends on the Contractor.   
2. The Contractor undertakes to choose products on the basis of due diligence, according to the best possible quality. The Platform reserves the right to change manufacturers and products for important reasons, in particular the cessation of production by the existing partners or impossibility of obtaining the products ordered from them for reasons beyond the control of the Contractor. In this case, the contractor shall inform the User via email.   
3. The finished product (the product with printed pattern) may be different from the preview, both, the size and location of printing may vary. Product’s projects on the Platform are only demonstrative and the Platform does not guarantee a perfect reproduction on the original (the reason may be limited technical capabilities, the differences in the preview, the differences between the proportions and the resolution of individual computer screens, as well as the differences between a flat image and the real one). However, the Contractor will care, in order to     finished products to be as close as possible to the illustrative.   
4. Prints, and in particular their colors may vary from the preview, differences may be due to technical limitations in the process of printing (print CMYK) and colours settings of Users screens. The Contractor will make every effort to both, print and color were as close as possible to the preview version, and in unusual situations when there are problems with define – color exponent on the production will be primary colors.   
5. The moment of signing the sale contract is a transfer by Apex Clan.com of an order to execution status.   
6. The User is responsible on the basis of risk for the ordered product.   
7. Consolidation, protection and sharing order data and the General Conditions (Rules of sale) occurs via e-mail. Here, it is always possible refer to the General Conditions (Rules of sales).
   
   

§ 8 TERMS OF PAYMENT AND SERVICE 

1. The Contractor accepts the following forms of payment:   
   1. payment through Bank Wire to Revolut account,       
   2. payment through PayPal by using a credit cards,
2. Payment must be made at the time of placing an order.   
3. Assortment is prepared by the Contractor within up to 3 weeks after ordering.   
4. During the order, the User selects delivery form from among available on the Store. The following delivery forms  are available:  
   1. Courier – delivery in about 24-72 hours from the time of dispatch on working days,       
   2. through the National Post – delivery in about 1 up to 2 weeks from the time of dispatch on working days,
5. Price of the chosen delivery method is not included in the Assortment price. It depends on the chosen method of delivery and the country of delivery. The price for every possible delivery option is displayed at the time of ordering by the User on the Store website.       
6. Any possible curtailments on orders may be due to a temporary Assortment lack, or a very large number of orders. The Provider reserves the right to extend the term of the contract to 10 days.   
7. In the case of the permanent absence of the Assortment (lasting longer than 10 days), the User may order another item for the equivalent of the original order or request a refund.
   
   

§ 9 RETURNS POLICY AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES

1. Any action taken by the User in the Platform shall be in accordance with applicable law and morality.   
2. The User can have more than one account in the Platform ApexClan.com, provided that it does not breach the rules, as well as the rights of third parties.   
3. The User may not use the accounts of other Users and share their account with others.   
4. If the product is not concurring with the contract, the User, may require bringing it into the condition conformity with the contract for free repair or  exchange for a new one, unless the repair or replacement are impossible or require excessive costs. If the User may not require repair or replacement, or if the Contractor fails to satisfy such a request, he has the right to demand an appropriate price reduction or withdraw from the contract; the contract can not be terminated when the non-compliance of the product with the contract is immaterial.   
5. If the sold product has flaws, the User, who made the purchase in the course on their own behalf trade or business, may walk out on the contract or demand a price reduction. However, the User can not walk out on the contract if the Contractor replaces the defective thing for the thing free from defects or removes defects. This limitation does not apply if the item has already been replaced or repaired by the Contractor, unless the defects are immaterial.   
6. In the case of walking out on the contract by the User, the Contractor returns to him only the lowest delivery cost. Costs, directly associated with the return of products, after the declaration of walking out on the contract, shall be bear by the consumer.   
7. Right of walking out of the Contract does not apply in the case of the preparation by the User the individual design in the Generator.
   
   

§ 10 INTELLECTUAL PROPERTY RIGHTS

1. The User by placing in the Generator a graphic patterns and verbal-graphic patterns, declares that:   
   1. he owns copyrights in the form of graphic or graphic-verbal patterns, that he posted on the platform ApexClan.com or obtained from eligible persons required consents to their dissemination and to grant further licenses.       
   2. graphic or graphic-verbal designs placed by the User on the platform Apex Clan.pl are his own creative activity and the creation within the meaning of the Act of 4 February 1994 about the copyright and related rights according to Polish law.       
   3. graphic or graphic-verbal designs placed by the User on the platform ApexClan.com do not infarct the rights of third parties.   

1. User by posting in the store assortment with a graphic and graphic-verbal patterns provides to the Contractor non-exclusive, unrestricted territorial rights to use the graphic and graphic-verbal creations, posted on any of the products offered by him on the platform ApexClan.com (license) to the following fields of exploitation:   
   1. in the range of recording and reproduction – the production of the creation’s copies by the specified technique, including printing, reprographic, magnetic recording and digital
      technology,       
   2. in the range of turnover of the original or copies, on which the creation was recorded – implementation, lending or rental of the original or copies,       
   3. in the range of creation dissemination in a manner different from that specified at point “b” above- public production, exhibition, displaying, broadcasting and rebroadcasting, and the public sharing in such a way, that everyone can have access to it in time and place chosen by them.       
2. The license specified in the point 2 above, shall be granted for an unlimited period and shall expire in the moment of the removal of the User’s account on the platform ApexClan.com. 
   
   

§ 11 LIABILITY

1. The Contractor shall make all efforts to ensure the proper functioning of the Platform in terms of technical, formal and legal.   
2. In the case of a third party claims with regard to the unlawful infringement of its rights by the User, it is required to take all factual and legal actions necessary to remove the effects of violations.
   
   

§ 12 PROTECTION OF PERSONAL DATA

1. Given by the Users personal data, Studio Bozon Spolka z oo with its registered office at Poland, EU, 67-120 Kożuchów, ul. 22 Lipca 1807 20c/9, NIP PL9252099416, registered in the District Court of Zielona Góra and VIII Economic Division of the District Court Register under the number 0000420244, e-mail: info@ApexClan.pl, collects and processes in accordance with applicable law and in accordance with the privacy policy set out in Privacy Policy   
2. Personal data of the Users is reveal to other Users only in the cases foreseen in the Rules and in other justified cases, with the prior permission of the person to whom the data relates.
   
   

§ 13 COMPLAINT PROCEDURE

1. Complaints of irregularities in the provision of services under the Regulations may be submitted:   
   1. via e-mail to: info@ApexClan.pl,   
2. Each complaint must contain at least the Login or the order number and description of the objections.   
3. The complaint should be examined within 14 days of receipt. The answer to the complaint is sent to the e-mail address associated with the account of the User.
   
   

§ 14 FINAL PROVISIONS

1. The Contractor reserves the right to change the Regulations, in particular in the case of:  
   1. technological or organizational changes in the operation of the service.       
   2. the need to adapt the operation of the service and of the rules to the new law.       
2. About the intention of changing the Rules, the Contractor shall notify the User by sending the contents of the new Rules to the User email address.   
3. The Change of the regulation comes into force after 14 days from the date of publication of information about this change.   
4. If the Contractor receives from the User, before the expiry of the period referred to in paragraph 3, the written statement of rejection of the new Regulations, the contract shall be terminated with immediate effect.   
5. The law applicable to the contract between the User and the Contractor, is the Polish law.   
6. Any disputes relating to the services     provided by the Contractor in the platform ApexClan.com will be settled by the competent Courts of General Jurisdiction in Poland.   

In case of disputes related to the services provided by the Contractor on the platform ApexClan.com in which a party will be an entrepreneur within the meaning of the Act on freedom of economic activity, the adequate court will be the court, which considers the seat of the Contractor.