*Terms of Use and Sale.
 
 

// Introduction
Welcome to the 63mutants Online Store located at www.63mutants.com (the “63mutants Store” or “Website”). The 63mutants Store is a website operated by Pawel Kuc.
If you are purchasing electronic software downloads, you are contracting with Pawel Kuc, located at Lubostron 22C/10, 30-383 Krakow, Poland.

Through 63mutants Store, 63mutants provides you with access to a variety of resources, including the Website, information about software, services and other merchandise that may or may not be available for purchase, download areas, software and tools, (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these Terms of Use and Sale ("Terms of Use and Sale" or "Contract"). By using the Website, purchasing products from the 63mutants Store or using any Services, you accept and agree to these Terms of Use and Sale.

// Notice specific to documents available on the 63mutants store website
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the 63mutants Store and Services is granted, provided that (1) the following copyright notice: "© 2013 63mutants. All rights reserved." appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the 63mutants Store or Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, unless permitted by exemptions under applicable copyright laws, and (3) no modifications of any Documents are made.

Documents specified above do not include the design or layout of the www.63mutants.com website, the Website or any other 63mutants owned, operated, licensed or controlled website. Elements of 63mutants websites, including the Websites, are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any 63mutants website, including the Website, may be copied, retransmitted or made available unless expressly permitted by 63mutants or applicable law.

The documents and related graphics published on the 63mutants Store or Services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. 63mutants and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

// Materials that you provide to 63mutants store or post on the website
63mutants does not claim ownership of the materials you provide to 63mutants (including feedback, ratings, and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, 63mutants shall be permitted to use your Submission, including your name, for the purpose for which it was submitted.

No compensation will be paid with respect to the use of your Submission. 63mutants is under no obligation to post or use any Submission you may provide and 63mutants may remove any Submission at any time in its sole discretion.

You warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use and Sale including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

// Links to third party websites
63mutants Store may include links to third party websites that let you leave the Website. These linked sites are not under the control of 63mutants and 63mutants is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. 63mutants is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 63mutants of the site. Your use of the third party website may be subject to that third party’s terms and conditions.

// End users only
You must be an end user in order to purchase products from the 63mutants Store. Resellers are not eligible to purchase from the Website.

// Electronic software downloads
Electronic Software download (“ESD”) products are delivered to you by making a download link available at www.63mutants.com

// Other terms and conditions
In addition to Software and ESD products, other products and services available for purchase or trial on 63mutants Store may also be offered to you subject to separate end user license agreements, terms of use, terms of service or other terms and conditions. If you purchase or use those products, you may be required to also accept those terms as a condition of purchase, install or use.

// Product availability and quantity and order limits
Product prices and availability are subject to change at any time and without notice, but you will always be charged the price which is displayed at the time you confirm your order. 63mutants may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household which you will be informed of on the Website or prior to us accepting your order.

63mutants may refuse or reject any order at any time, refunding you any monies you have paid for the order, for legitimate reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for obvious errors on the Website or made in connection with your order. If we are unable to supply the products or services that you ordered, we will contact you and may offer you an alternative product to consider instead. If you do not choose to purchase the alternative product, we will cancel your order. In the event of obvious errors on the Website or made in connection with your order, we reserve the right to correct the error and charge you the correct price. In that situation, we will contact you and offer you the option of purchasing the product at the correct price or canceling your order.

Unless a specific delivery period is mentioned at the time you place your order, your products or services will be delivered within thirty (30) days of the date of your order. Credits or refunds will be made to the same method of payment and account used to place the order.

// Software purchases and license terms
Any software that is made available to download from the 63mutants Store (“Software”) and other merchandise (including services) available on the 63mutants Store or Services is the copyrighted work of 63mutants and/or its suppliers. When you purchase Software, you are actually purchasing a license to use the Software rather than purchasing the Software itself. Software licenses purchased at the 63mutants Store are subject to the license agreement that accompanies the Software product (the "License Agreement"). You will be required to agree to the terms and conditions of the License Agreement at the time you install the Software.

Any reproduction or redistribution of the Software or merchandise not in accordance with the relevant License Agreement and applicable law is expressly prohibited and may result in severe civil and criminal penalties. Violators risk being prosecuted to the maximum extent possible.

Please respect the intellectual property rights of others when using the tools and utilities made on the 63mutants Store or Services, or in Software products or merchandise.

// Price and payment

The price of products at 63mutants Store will be as stated on the Website. If we have a 63mutants Store retail location in your country or region, the prices, product selection and promotions offered on the Website may vary at any time from what is offered or available in our retail locations. 63mutants does not guarantee that a price, product or promotion offered online will also be available or honoured at a retail location. Similarly, 63mutants does not guarantee that a price, product or promotion offered at a retail location will also be available or honoured online.

Pricing at 63mutants Store is based on sales of Software and hardware to individual end consumers. If you are purchasing for a commercial, educational or government organization, please contact us for more information about our volume licensing programs. 63mutants Store does not have a price match guarantee. It will not match the advertised price other retailers offer for the same items.

Prices shown on the Website include all taxes or charges (“Taxes”) that may apply to your purchase. Prices shown on the Website exclude delivery costs. Delivery costs will be added to the amount of your purchase and shown on the check-out page. You will have an opportunity to review all of the delivery costs that apply to your purchase before you confirm your purchase. Each item in your Shopping Cart is shown at the current item price.

Product offers on 63mutants Store do not constitute binding offers by us. By clicking “complete purchase,” “submit order” or the comparable button to send your order to Us, you make a binding offer in relation to all of the products in your cart. If we accept your order, you will receive an automated purchase confirmation email. The purchase contract is concluded by this email. 63mutants Store offers different payment options as identified on our Website. We reserve the right to change our payment options at any time and for any reasons. If offers are made in your local currency and are payable in another currency with an international credit card, final price in your currency will depend on the foreign exchange rates, taxes and fees applied by your bank or the issuer of your international credit card issuer. These transactions may be subject to taxes and/or fees on international transactions not charged by 63mutants Store.

// Export limitations
Products purchased from the 63mutants Store (including hardware, software and software downloads) may be subject to customs and export control laws and regulations. You agree to comply with all international and national laws and regulations that apply to you in relation to such products.

// Return policy
63mutants Store’s return policy is set out below. The return policy is provided in addition to any statutory return rights that you may have under law.

You may withdraw from this Contract without giving a reason within fourteen (14) calendar days. The withdrawal period will expire after fourteen (14) days from:

(i) For ESD products and services, when the product is made available for download or the service starts. You agree that we may begin to provide the service or ESD product immediately on purchase; and
(ii) For physical products, delivery.
If the applicable law of your country or region grants you a longer withdrawal period, that period will apply.

To exercise your right of withdrawal, you must inform us of your decision before the withdrawal period has expired. Please contact us to notify us of your decision and to initiate the return process
We will refund the amount you paid for the products and their delivery to you if you exercise your right of withdrawal. The refund will be made to the original method of payment. You must return the related products to us without undue delay and at your expense. As a condition of return, and to the extent permitted by law, the following requirements apply. All products must be returned with reasonable care having been taken (such as must not show wear or damage, and must be in a condition that permits us to resell them). All boxed software and video games must be returned with their seal intact. For services, the service must not have been delivered or consumed by you. For ESD products, we may also require you to sign an electronic letter of destruction as a condition of withdrawal from this contract.

We may extend the right of withdrawal period during holiday or other periods. If a longer period is advertised on our Website, the advertised period will apply.
All returns should be accompanied by the original receipt or gift receipt, the original documentation, instruction manuals, registration, parts and components (including cables, controllers, and accessories) and the manufacturer’s packaging. Subject to applicable law, failure to include such items may prevent or delay your refund or exchange or result in additional fees and 63mutants reserves the right to deny any return or exchange if it fails to meet our return criteria.

exceptions:
• Upgrade Option and Returns. If you purchased an item with an Upgrade Option, returns will be subject to the fourteen (14) day withdrawal period, and special return procedures apply as follows:
–If you return the item before the upgrade product is released, you will not receive the upgrade product.
–If you return the item after the upgrade product is released, you must return both the item and upgrade product together.

•When we offer promotions that enable you to save money by purchasing a combination of products together, all of the products purchased as part of the promotion must be returned in order to receive a refund. If your promotion included a service that you have already used, the full retail value of the service will be deducted from the amount of your refund.

•Trial period offers. If you are taking part in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring new charges unless we notify you otherwise. If you do not cancel the service at the end of the trial period, we may charge you for the service.

// Customer service
Please visit our www.63mutants.com page for more information about customer service options.

Use of the 63mutants Store and Sales to You:

// Variation of terms
The Terms of Use and Sale in force at the time you consented to them will govern your purchase and serve as the purchase contract between us. Before your next purchase, 63mutants may have updated the Terms of Use and Sale without notice to you. Please be sure to review the current Terms of Use and Sale each time you visit the 63mutants Store. We recommend that you save or print a copy of the Terms of Use and Sale for your future reference and use in connection with your purchase.

// Errors on site
We work hard to publish information accurately, update the Website regularly and correct errors when discovered. However, any of the content on our Website may be incorrect or out of date at any given time. We reserve the right to make changes to the 63mutants Store Website at any time, including to product prices, specifications, offers and availability.

// Product display and colours
63mutants attempts to display product colours and images as accurately as possible. Different computer monitors display colour differently, however, and we cannot guarantee that the colour you see on your monitor will exactly match the colour of the product.

// Limitations on use by minors
You must have reached the age of majority in your province/territory of residence to purchase products from the 63mutants Store.

// Disclaimer and limitation of liability
The terms of this section apply to the maximum extent permitted by mandatory applicable law. This section is not intended and does not operate to limit our liability to the extent we may be liable to you under law or pursuant to any statutory rights which apply to you.

The products sold on 63mutants store are subject to any statutory warranties and, where applicable, only warranted according to the terms of any license agreement or manufacturer warranty that may accompany the products. Except as expressly guaranteed in the license agreement or in any manufacturer guarantee that may accompany the product, no guarantee is provided.

63mutants makes no specific representations or warranties and provides no assurance of any condition with regard to the products, including regarding merchantability or fitness for a particular purpose. 63mutants will provide you with the protection and benefit of any applicable law or statutory warranties which apply to defective products.

The 63mutants store and its content is provided on an “as is” and “as available” basis. Neither 63mutants nor its suppliers make any representations or give any assurance other than expressly contained herein regarding the 63mutants store, including that your use of the 63mutants store will be uninterrupted or error free. We do not disclaim either our or our agent’s liability for fraud or for personal injury or death caused by negligence.

General legal terms:

// Interpreting the Contract
If, in any jurisdiction, any provision of this Contract or its application to any party or circumstance is restricted, prohibited or unenforceable, such provision shall, as to such jurisdiction, be ineffective without invalidating the remaining provisions of this Contract and without affecting the validity or enforceability of such provisions in any other jurisdiction or without affecting its application to other parties or circumstances. Where possible, any such provision shall apply to the fullest extent permitted by law and be interpreted and applied to a lesser extent, where necessary to be valid. Other terms may apply if you purchase products or services from other 63mutants websites.

// Assignment
We may assign, transfer or otherwise dispose our rights and obligations under this Contract, in whole or in part, at any time without notice to you. You may not assign this contract or transfer any rights hereunder.

// No Third Party Beneficiaries
This Contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns.

// Claims
Claims must be filed within the period of time required by your local law. If your claim isn’t filed in time, it is permanently barred.

// Notices and Communication
For customer support inquiries or disputes, please contact us at the address listed on www.63mutants.com

// Governing Law
All claims, including claims regarding breach of contract, breach of warranty, consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of Poland or of the country or REGION in which you reside, at your option.