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Terms & Conditions

SPECTRAL-LABS
https://spectral-labs.com/

Owner : Spectral Arts Andrzej Zając
Piękna 62A/23
50-506 Wrocław (Poland)
Our VAT-EU number: PL 6951425587
Email: andrzej.zajac@spectral-labs.com

I. GENERAL PROVISIONS

  1. These Terms and Conditions specify the general conditions, ways of provision of services electronically and selling digital products via the Online Service https://spectral-labs.com/ .
  2. These Terms will apply any time you use a website owned or operated by us (“Website”), or any other means to access our services (“Services”). By using our Website, you confirm that you accept these terms and conditions and that you agree to comply with them.
  3. These Terms and Conditions are always available at the website https://spectral-labs.com/ which allows to download, display and record their contents by printing or saving them to a data carrier at any time.
  4. These Terms may be amended from time to time. Any amendments or new terms will be made available via our Website. You may terminate this Agreement if you do not wish to be bound by any such amendments, but by continuing to use our Services you will be deemed to have accepted the new terms.
  5. You are responsible for obtaining Internet access and a compatible, Internet-connected device to purchase our programs. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection. The Online service may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements: a computer or a mobile device with access to the Internet, access to electronic mail, a browser Firefox, Chrome, Safari, Internet Explorer, Opera, enabling cookies and JavaScript in the web browser.
  6. The Seller informs that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customers data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats, e.g. Antivirus.
  7. In using our Service, you will not:
  1. scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the SPECTRAL-LABS Service or any source code therein;

  2. attempt to circumvent any technical measures (including digital rights management) that we may employ;
  3. take any measures to interfere with or damage our Service;
  4. use our Service to transmit tortious, unlawful, infringing, and otherwise objectionable content;

  5. spam or harass our Service or any other user;

  6. use any fraudulent, deceptive, or misleading practices;
  7. engage in any commercial activities except as permitted by us; or
  8. engage in any illegal activities.

II. ACCOUNT REGISTRATION

  1. If you choose to register, you agree to provide and maintain accurate, current and complete information about yourself. Registration data and personal information about you are governed by our Privacy Policy.
  2. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify SPECTRAL-LABS of any unauthorized use of your password or account or any other breach of security.
  3. You may terminate this agreement at any time by deleting your account(s). We reserve the right to terminate your account or restrict access to your account for any reason, including your breach of this Agreement.

III. ORDERS

  1. The Seller enables the Customer to place an Order through the Online Service, 24/7.
  2. Information about the Products as provided on the Service websites, as well as prices constitute an invitation to conclusion of an Agreement.
  3. Orders can be placed by Internet users, who have correctly filled in registration form. Orders can be placed also without registration form. A user who does not have an Account must independently fill out the Order Form in the scope of his/her details necessary to conclude and execute the Sales Agreement.
  4. As part of placing an order, the Customer provides his/her personal data marked in the order form as obligatory. Providing the personal data marked obligatory is voluntary, yet is necessary for placing the order. Providing the personal data not marked as obligatory is voluntary and unnecessary for placing the order.
  5. The order form should include the Customer’s first name, last name, company name, country/region, street address, phone number and email address.
  6. To place an Order for our products an active electronic mail account is required.
  7. The Customer sends the Order by means of the Online Service functionality provided for that purpose with an obligation to pay. If the Customer does not have an Account, it is required to accept the Terms and Conditions.
  8. We do not offer a trial version of our products.
  9. Online Service will begin order completion after the Order is successfully placed and payment due for the Order is made.
  10. The sales Agreement shall be concluded in English.

IV. PRICES /PAYMENTS

  1. The prices for products are provided in EUR, USD,GBP. We may apply taxes, including VAT (value-added tax).
  2. We may change the price of our Services from time to time and add new fees and charges for certain features or to reflect a change in business or legal rules, but we will provide you with advance notice of changes in recurring fees.
  3. If you purchase any products through our Service, you will be required to provide us information regarding your credit or debit card. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument.
  4. Online payments are processed by PayPal.
  5. When making a payment, the Customer will be informed immediately before making the payment about the amount in which the payment should be made, about the possible methods of its execution and about the data of the payment provider, if the given service is possible. Detailed terms and conditions for making payments through the operators performing electronic payments are available on the website of the given operator.
  6. When making a payment via an electronic payment operator, the User should follow the instructions given by the operator of electronic payments in order to make a payment.
  7. The customer agrees that the purchase documents (VAT invoice / receipt) for the order will be sent electronically.
  8. You can change your billing or invoice information in your account via My Profile.

V. RETURN POLICY

  1. The Customer who is a Consumer may withdraw from the Agreement without specifying the reason by submitting an appropriate declaration within 14 days
  2. The Customer may compose the declaration by himself or use the form of declaration of withdrawal from Agreement (Appendix No 1).
  3. Upon receipt of the Consumer’s declaration of withdrawal from the Agreement, the Seller shall send a confirmation of receipt of the declaration of withdrawal from Agreement to the Consumer’s electronic mail address.
  4. In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded. What the parties have rendered shall be returned in an unchanged condition, unless the change was necessary within the scope of the ordinary management, in particular to determine the nature, features and functioning of the item.
  5. The Seller shall immediately, but not later than within 14 days from receipt of the Consumer’s declaration on withdrawal from the Agreement, return to the Consumer all the payments he has made. The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer.
  6. The provisions concerning the consumer shall apply to sole traders who conducts business activity concluding a contract directly related to their business activity, where it is apparent from such agreements that they do not have professional character for them. To determine whether a sole trader has, in particular circumstances, consumer rights, it is necessary to verify the professional nature of the agreement, especially on the basis of information recorded in the Central Registration and Information on Business (CEIDG)-(only for customers in Poland).
  7. The right to withdraw from Agreement by the Consumer shall be excluded in the following cases:
    for an agreement for the delivery of digital content which is not recorded on a material carrier, if the performance of the service commences upon an express consent of the Consumer before the lapse of the time for withdrawal from agreement and after he has been informed by the Seller about losing the right to withdraw from the agreement.

VI. COMPLAINTS

  1. We have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
  2. Complaints arising out of a breach of the Customer’s rights guaranteed by law or under these Terms and Conditions should be sent to the electronic mail address: andrzej.zajac@spectral-labs.com
  3. We undertake to process each complaint within 14 days. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, immediately, but not later than within 7 days from the date when the Customer received the request.
  4. We would like to inform you that out-of-court complaint handling and redress procedures can be used. They can be used on a voluntary basis and only if both parties to the dispute agree to it.
  5. Detailed information on consumer dispute resolution, including the possibility for the Consumer to use out-of-court complaint handling, redress and the rules of access to these procedures is available at the offices and on the websites of county (municipal) consumer advocates, Voivodship Inspectorates of Trade Inspection.
  6. For example in Poland the Customer who is a Consumer has the right to refer to a permanent amicable consumer court operating by the Commercial Inspection with a request to settle a dispute arising out of the concluded Sales Agreement.
  7. According to article 14, paragraph. 1-2 of Regulation of the European Parliament and of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing information on the ODR platform. Online Dispute Resolution is intended to facilitate an independent, non-judicial settlement of disputes between consumers and traders through the Internet. These disputes relate to contractual obligations arising from online sales or service contracts concluded between consumers living in the Union and traders established in the Union.
  8. The Consumer who would like to take advantage of the possibility of an amicable resolution to disputes concerning online purchases may submit a complaint, for example, via the EU”s Internet ODR platform which is available at: http://ec.europa.eu/consumers/odr/.

VII. PRIVACY

  1. Personal data in the Online Service shall be processed by the Controller in accordance with the binding legal regulations, in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
  2. Additional explanations regarding the protection of personal data are contained in the “Privacy Policy”.

VIII. DISCLAIMERS

  1. Your use of our service is at your own risks.
  2. Except as required by applicable law, no warranties of any kind, either express or implied.
  3. SPECTRAL-LABS makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. SPECTRAL-LABS does not represent or warrant that (a) the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet your requirements or expectations (c) errors or defects will be corrected, or (d) the Services are free of viruses or other harmful components.

IX. FORCE MAJEURE

  1. Neither Party can be held liable for the non-performance of any of its obligations, force majeure incident including but not limited to epidemic, flood, fire, storm, raw materials shortage, transportation strike, partial or total strike, or lock-out. The Party affected by such events must inform the other party promptly, no later than five (5) business days after said event occurs.
  2. The parties agree that they will work together to determine how best to fill the order while the force majeure incident persists.

X. MIT LICENSE

  1. SPECTRAL-LABS uses software under MIT license.
    Copyright (c) 2016 Jeroen Baert
    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
    THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

XI. FINAL PROVISIONS

  1. These Terms & Conditions will be governed by the law of the Republic of Poland, without regard to its conflict of law provisions.
  2. The choice of law made by the parties shall not have the result of depriving the consumer of the protection guaranteed to him by the mandatory rules of the law of the country in which he has his habitual residence in UE.
  3. The matters not provided for in these Terms & Conditions shall be governed by Polish law and UE law.
  4. Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Service presenting a list of amendments and their effective dates. The Customers who possess an Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If the Customer who has a Customer Account does not accept the amended Terms and Conditions, he shall be obliged to notify this fact to the Seller within 14 days from being informed about the amendment of the Terms and Conditions. Notification of non-acceptance of the new Terms and Conditions shall result in termination of the Agreement.
Form of withdrawal from agreement