Sales Terms And Conditions
These Online Sale Terms and Conditions shall establish the terms and conditions under which Alter Projects Sp. z o. o. (“Seller”) offers for sale to online customers, (“Customer”) the products sold by Seller on its website. ANY ACCEPTANCE OF THIS OFFER IS LIMITED TO ACCEPTANCE OF THE EXPRESS TERMS AND CONDITIONS CONTAINED HEREIN. ANY PREVIOUS OFFERS MADE BY CUSTOMER, WHETHER WRITTEN OR VERBAL, NOT ALREADY EXPRESSLY ACCEPTED BY SELLER IN WRITING ARE HEREBY OBJECTED TO AND REJECTED. IN NO EVENT SHALL THIS OFFER BE DEEMED AN ACCEPTANCE OF ANY PRIOR OFFER BY CUSTOMER. THE TERMS AND CONDITIONS BELOW SHALL SUPERSEDE ANY PROVISIONS, TERMS AND CONDITIONS CONTAINED ON ANY PURCHASE ORDER, CONFIRMATION, OR OTHER WRITING THE CUSTOMER MAY GIVE OR RECEIVE, AND THE RIGHTS OF THE PARTIES SHALL BE GOVERNED EXCLUSIVELY BY THE PROVISIONS, TERMS AND CONDITIONS HEREOF.
QUOTATIONS AND PRICES; OTHER CHARGES
All prices stated on our website are in EUR. Customer shall place online orders to Seller to purchase goods from Seller hereunder. Unless otherwise expressly provided in writing by Seller, all prices quoted or referred to by Seller do not include any charges for packaging, freight, transportation, custom duties, tariffs, import, export or other taxes, insurance, or any other charges relating to the transportation and shipment to or use by Customer of the products sold hereunder. Such charges and/or taxes shall be the sole responsibility of and shall be borne exclusively by Customer. Wherever applicable, any such charges and/or taxes will be added to the invoice as a separate charge to be paid by Customer upon checkout. If Seller is required to pay any such charges and/or taxes, Customer agrees to reimburse Seller for any amounts so paid upon demand.
The purchase price and applicable charges and taxes shall be payable in full by Customer upon placing an order online. All payments due to Seller hereunder shall be paid in EUR in accordance with these Terms and Conditions. Seller currently accepts payments made with the following major credit cards issued in the EU: Visa®, MasterCard®, Discover® and American Express®. Seller also accepts payments made by PayPal®, money order or certified check. Orders in which the payment is made by money order or certified check will not be shipped until funds have cleared with the applicable financial institution.
VALIDATING CUSTOMER’S ORDER
Information provided to Seller when an order is placed, such as billing/shipping address and phone number, will be used to verify Customer’s payment. Incorrect information will result in a delay in processing and may impact the final shipping date of the order. Orders in which sufficient information cannot be verified may be cancelled; however, Seller reserves the right to cancel any order at any time without giving any reason. Seller’s issuance of an order confirmation, whether electronic or other form, does not signify Seller’s acceptance of the order, nor does it constitute confirmation of Seller’s offer to sell. Seller reserves the right at any time after receipt of an order to accept or decline the order and/or to limit quantities on any order, without giving any reason. Seller reserves the right to limit or prohibit sales to resellers.
SHIPMENT AND DELIVERY
This offer is made with the understanding that it is subject to inventory availability. All shipping and handling expenses are the sole responsibility of Customer. Delivery dates are estimates only and are based on normal shipping conditions (shipping conditions and actual shipping dates may vary). Seller will endeavor to meet all estimated delivery dates indicated on the order confirmation; provided, however, that Seller reserves the right to change any and all such delivery dates subject to Seller’s availability schedule without notice and without liability to Customer. Method and route of shipment are at Seller’s discretion unless Customer chose shipment options other than Seller’s standard shipment with respect thereto. All shipments are made at Customer’s risk. Non-delivery by Seller as to any order shall not be deemed a breach of this Agreement. Any non-delivery shall not relieve Customer from its obligation to accept any subsequent or prior shipment. All shipments shall be packaged in accordance with Seller’s standard and customary packaging practices. Seller retains the right, at its option, to cancel these Terms and Conditions, and any order, in whole or in part, without any resulting liability to Customer or any third party. For additional details about shipping, please see our Shipping Policy, the terms and conditions of which are hereby made a part hereof by reference.
If the order was paid via PayPal the address of shipping provided with PayPal will be used.
TITLE AND RISK OF LOSS
Title to and risk of loss and damage for any shipment of goods shall pass to Customer immediately upon deposit of such shipment with a common carrier.
Except as provided in this paragraph, Customer shall accept all goods shipped in accordance with these Terms and Conditions. In order to return a shipment, Customer must contact Seller within thirty (30) days after date of the shipment (each, a “Return Notice”). If no such notice is provided, then Customer shall be deemed to have accepted the shipment of the goods and to have waived any and all claims with respect thereto. No claim of any kind (whether as to delivered goods or for non-delivery of goods, including claims of improper or defective materials and whether arising in tort or contract) shall be greater in amount than the purchase price of the goods in respect of which such damages are claimed. Upon receipt of a Return Notice reasonably acceptable to Seller, at its sole discretion, Seller shall issue a Return Merchandise Authorization (RMA) number to Customer. In no case shall Customer return goods without first obtaining an RMA number. Returned goods must be delivered to Seller, in their original packaging and be accompanied by Customer’s RMA number. Customer must prepay shipping charges and insure the shipment or accept the risk if the goods are lost or damaged in shipment. Refunds or credits do not include original shipping and handling charges. For additional details about returns, please see our Return Policy, the terms and conditions of which are hereby made a part hereof by reference.
CANCELLING AN ORDER
Seller will accept cancellation of an order that has not yet shipped at Customer’s request and cancel or refund any charges that were posted for the order. Customer shall be responsible for round trip shipping costs on any order that has been shipped prior to cancellation, that is refused at time of delivery, or that is shipped in good faith but returned to Seller due to incorrect or incomplete shipping information provided by Customer.
SELLER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ALL HANDMADE GOODS SOLD HEREUNDER.
LIMITATION OF LIABILITY
SELLER SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, PROFITS, OR BUSINESS OF CUSTOMER OR ITS CUSTOMERS, AGENTS, AND DISTRIBUTORS, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH, ANY SALE, MANUFACTURE, DISTRIBUTION OR ANY USE OF ANY GOODS OR FOR ANY FAILURE OF SUPPLY OF ANY GOODS FOR ANY REASON, WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO ANY DAMAGES RELATED TO GOODS PURCHASED AND SOLD HEREUNDER.
Customer shall indemnify, defend, and hold Seller harmless from and against any and all loss, cost, liability, and expense (including, without limitation, reasonable attorneys’ fees and costs) incurred and/or paid by Seller resulting from or arising out of or in connection with (a) any representation or warranty made to any third party by Customer, its affiliates, agents, distributors, or employees which is not expressly authorized by Seller in writing and (b) any claims asserted or actions filed against Seller by a third party, including claims for personal injury or property damage, except if liability for such claims or actions arises from the willful misconduct of Seller.
Except as otherwise expressly set forth herein, Seller shall not be liable for any delay or for any consequence of any delay in the delivery of any goods if such delay shall be due to acts of God, acts of terrorism, acts of a public enemy, changes in law, wars, floods, fires, storms, strikes, lockouts, delivery of nonconforming or defective material, supplies, or equipment, significant interruptions of transportation, freight embargoes or failures, exhaustion or unavailability on the open market or delays in delivery of material, supplies, equipment, or services necessary for the performance of any provision hereof, or the happening of any material and reasonably unforeseeable act, misfortune, or casualty by which performance hereunder is delayed or prevented; provided, however, that Seller will use all commercially reasonable efforts to remedy the situation, except that nothing contained herein shall require Seller to make settlement of any labor dispute on terms unacceptable to it. If any such delay occurs, then (unless the cause thereof shall frustrate or render impossible or illegal the performance under these Terms and Conditions or shall otherwise discharge the same), Seller’s period for performing its obligations shall be extended by such period (not limited to the length of the delay) as it may reasonably require to complete the performance of its obligation.
If any part of these Terms and Conditions shall be held unenforceable, the remainder hereof shall nevertheless remain in full force and effect and, to the extent permissible under applicable law, such unenforceable provision or provisions shall be deemed revised to the minimum extent possible to permit enforcement of such provision on terms as near as possible to such provision as originally drafted.
RELATIONSHIP OF THE PARTIES
Seller and Customer are independent contractors under this agreement. Nothing contained in this agreement is intended nor is to be construed so as to constitute the parties as partners or joint venturers with respect to this agreement. Neither party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party to any other contract, agreement or undertaking with any third party.
GOVERNING LAW; FORUM; ENFORCEMENT
These Terms and Conditions and any disputes between the parties arising in connection with this the agreement resulting from Customer’s acceptance hereof shall be governed by and interpreted in accordance with the laws of Poland as if the agreement was performed wholly within the Polish territory and without regard to its conflict of law principles. All disputes arising out of this agreement shall be resolved by a court of competent jurisdiction in Wroclaw, Poland and both parties hereby (i) submit to the exclusive jurisdiction of the courts of Wroclaw, Poland, and (ii) irrevocably waives, and agrees not to assert as a defense, counterclaim or otherwise, in any such dispute, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the dispute is brought in an inconvenient forum, that the venue of the dispute is improper, or that these Terms and Conditions or the transactions contemplated hereby may not be enforced in or by any of the above-named courts. Each party hereto agrees that service of process in any dispute arising out of or relating to this Agreement shall be properly served or delivered if delivered by express mail or by registered or certified mail, postage prepaid, to each party’s provided shipping address. Seller and Customer hereby waive and exclude the application of the U.N. Convention on Contracts for the International Sale of Goods in the interpretation and enforcement of this agreement. In the event Seller takes or maintains any action to enforce its rights hereunder and prevails thereafter, Customer shall reimburse Seller for its reasonable costs and expenses incurred, including, without limitation, reasonable attorneys’ fees and costs.
COMPLIANCE WITH LAWS
Customer shall comply with all laws, rules, regulations, and other requirements of local, state, and federal governments in connection with its performance hereunder. Customer shall obtain and supply, at Customer’s sole cost and expense, any required export or import licenses and any other required permits, licenses, approvals, and similar items.
ENTIRE AGREEMENT; MODIFICATION; WAIVER
These Terms and Conditions contain the entire agreement of the parties regarding the online purchase of goods by Customer and supersede all prior agreements, understandings, and negotiations regarding the same. Seller reserves its right to change these Terms and Conditions at any time and from time to time. Any waiver of strict compliance with the provisions of these Terms and Conditions shall not be deemed a waiver of Seller’s rights, privileges, claims, or remedies nor of Seller’s right to insist on strict compliance thereafter.
All inquiries regarding these Terms and Conditions and/or placing an order online should be directed to: Alter Projects Sp. z o. o., Sw. Wincentego 45/19, 50-251 Wroclaw, Poland.
Please read this page carefully. This page states the Terms and Conditions under which you, the website visitor (hereinafter “you” or “visitor”) may access and use our services and website (“AP Services”), the content of which is owned by or licensed to Alter Projects Sp. z o. o. (“AP”), and is operated and administered by AP. By using our services and website, you agree to be bound by all of the Terms and Conditions set forth below. If you do not accept these Terms and Conditions, please do not use our services and website. AP may, in its sole discretion, revise these Terms and Conditions at any time; therefore, you should visit this page periodically to review these Terms and Conditions.
This website seeks to provide information about our company, products and services for your convenience only. Although AP strives for timeliness and accuracy in all of the materials on the website, it makes no representations, warranties, or assurances as to the availability, accuracy, timeliness, or completeness of this website or its contents. AP shall not be liable for any damages or injury resulting from your access to, inability to access, or use of our services and website, including, without limitation, any damages or injury arising from any links to other sites contained within or referred to in this website.
Use of AP Services and/or registration for AP Services is void where prohibited. You may use AP Services only if you can form a binding contract with AP and are not a person barred from receiving services under the laws of the European Union or other applicable jurisdiction. You may use AP Services only in compliance with these Terms and Conditions and all applicable, local, state, federal, and international laws, rules and regulations.
These Terms and Conditions, and any posted revision to these Terms and Conditions, shall remain in full force and effect while you use AP Services or are a registered user. You may terminate your account at any time, for any reason. AP may terminate your account at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, AP reserves the right, in its sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of AP Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. AP expressly reserves the right to deny, restrict, suspend, or terminate your access to all or any part of AP Services if AP determines, in its sole discretion, that you have violated these Terms and Conditions or pose a threat to AP, its employees, business partners, users or the public. Even after your registration is terminated, these Terms and Conditions will remain in effect.
You are responsible for safeguarding the password that you use to access AP Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another user at any time or to disclose your password to any third party. You agree to notify AP immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. AP cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
AP welcomes your comments on its website and content. However, you acknowledge that if you send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information, (collectively, the “Information”), the Information shall be deemed, and shall remain, AP’s property. By submitting any Information to the website, you assign such Information to AP and we shall exclusively own all now known or hereafter existing rights to such Information and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to you.
As a user of this website, you are responsible for your own communications and the consequences of submitting them. Therefore, do not do any of the following things: transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless you own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send sexually explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person.
AP Services contain Content of AP (“AP Content”). AP Content is protected by copyright, trademark, patent, trade secret and other laws of both European Union and foreign laws, and AP and its licensors own and retain all right, title and interest in and to the AP Content and AP Services. AP hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the AP Content (excluding any software code) solely for your personal use in connection with viewing our website and using AP Services. You may not sell or modify AP Content or reproduce, display, distribute, or otherwise use AP Content in any way for any public or commercial purpose. Use of AP Content on any other site or in a networked environment is prohibited.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
AP respects the intellectual property rights of others and expects users of AP Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that any content on our website constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement appearing on AP Services is: Alter Projects Sp. z o. o., Sw. Wincentego 45/19, 50-251 Wroclaw, Poland, email: [email protected].
AP Services contains links to sites owned by third parties. These links are posted on the AP website with the consent of such third parties. These links are provided solely as a convenience to you and are not an endorsement by AP of the contents of those other sites. AP is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If you decide to visit any third-party sites using links from this site, you do so at your own risk.
SALES TERMS AND CONDITIONS
Sales of our products on our website is also governed by our Sales Terms and Conditions, which is incorporated herein by this reference.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
PRICING AND CONTENT INFORMATION
While AP strives to provide accurate pricing information, pricing or typographical errors may occur. AP cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, AP shall have the right, at AP’s sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, AP may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
AP attempts to be accurate in its product descriptions. However, AP does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition.
QUANTITY LIMITS AND DEALER SALES
AP reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. AP also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms and Conditions, reselling shall be defined as purchasing or intending to purchase any product(s) from AP for the purpose of engaging in a commercial sale of that same product(s) with a third party.
AP has made significant efforts to accurately display the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
AP does not represent or warrant that AP Services will operate error-free or that our website or our server is free of computer viruses or other harmful material. If your use of AP Services or AP Services’ material results in the need for servicing or replacing of equipment or data, AP shall not be responsible for those costs. AP Services and its material are provided on an “AS IS”, “AS AVAILABLE” basis, without representations or warranties of any kind. AP, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
WITHOUT LIMITING THE FOREGOING, AP DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR PRODUCT OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
WITHOUT LIMITING THE FOREGOING, AP DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM.
LIMITATION OF LIABILITY
IN NO EVENT SHALL AP OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, OR ANY THIRD PARTIES MENTIONED IN THE WEBSITE CONTENT, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OF OR INABILITY TO USE MATERIAL ON THIS WEBSITE OR SITES LINKED TO THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF AP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE AP UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED EUR (100 EUR).
You agree to indemnify and hold AP, its subsidiaries, and affiliates, subcontractors and other partners, and their respective stockholders, members, directors, managers, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of AP Services in violation of these Terms and Conditions or arising from your breach of these Terms and Conditions or any breach of your representations and warranties set forth in these Terms and Conditions or any Content that you submit or post on, through or in connection with AP Services.
GOVERNING LAW AND JURISDICTION
AP Services originates from Wroclaw, Poland. AP does not claim that the Content on AP Services is appropriate or may be used outside of Poland. Access to the Content may not be legal by certain persons or in certain countries. If you access and use AP Services from outside Poland, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
We may change these Terms and Conditions from time to time. Unless stated otherwise, our current Terms and Conditions apply to your use of AP Services. If we make changes to these Terms and Conditions that, in our sole discretion, are material, we will provide you with notice as appropriate under the circumstances. By continuing to access or use AP Services after any changes to the Terms and Conditions become effective, you agree to be bound by the revised Terms and Conditions.