Terms & Conditions

SERVICE REGULATIONS

I. PRELIMINARY PROVISIONS

 

  1. These regulations (“Regulations”) specify the terms and conditions of using the website operating at themes108.com (“Service”), including in particular right and obligations related to the purchase of the Products and of the Licence for using the Products presented at the Service.
  2. The owner of the Service is: Appliccon spółka z ograniczoną odpowiedzialnością with its registered office in Kraków under the address 1 Rzemieślnicza Street, 30-363 Kraków, entered into the registry of entrepreneurs of the National Court Registry by the District Court for Kraków-Śródmieście in Kraków XI Commercial Division of the National Court Registry under KRS number 0000510557, REGON: 123011570, NIP (tax identification number): 6793097580, e-mail: contact@themes108.com (“Appliccon”).
  3. In order to visit the Service, including the possibility to browse the Service and place orders, it is indispensible to have:
  4. a terminal equipment (for example a computer) with Internet access (“Device”);
  5. Internet browser:a.) Internet Explorer version 8 or higher with enabled javascript and cookies, orb.) Mozilla Firefox version 3.6 or higher with enabled javascript and cookies, orc.) Opera version 11 or higher with enabled javascript and cookies, ord.) Google Chrome version 10 or higher with enabled javascript and cookies;
  6. an active electronic mailbox.
  7. The following entities can become Customers of the Service: a natural person who has at least partially restricted capacity to perform acts in law; a legal entity or an organisational unit that does not have legal personality, has legal capacity, and has capacity to perform acts in law.
  8. Before placing the order at the Service, the Customer should become acquainted with these Regulations.

 

II. DEFINITIONS

 

  1. Beneficiary – a person in favour of which the Customer creates the Final Product using the Products purchased at the Service.
  2. Customer – every person who uses the Service in any way.
  3. Account – the Customer’s account at the Service that after completion of registration and logging in by using login and password enables the Customer to place orders.
  4. Licence – a licence for using the Product/ Products that can be purchased at the Service. Appliccon enables the Customers to purchase and use the Products presented at the Service on three types of Licence, pursuant to clause IV of the Regulations.
  5. Newsletter – commercial information regarding Appliccon, in particular concerning the Products, novelties, promotions, etc.
  6. Products – products which can be purchased at the Service in electronic forms, not stored on a durable medium, inter alia templates of websites (“Themes”), plug-ins, photos, audiovisual works, graphics for the websites or other products that can be used by the Customer during creating a website. Qualities of particular Products, their technical and functionalities specification are shown at the Service.
  7. Final Product – a website created by the Customer for its own use or for the use of the Beneficiary, with the use of the Customers skills and work and the Products purchased at the Service, for example the website created with the use of the Themes, a photo, a graphic, etc.
  8. Service – an IT platform operated by Appliccon at themes108.com which enables the Customers to place orders for the Products.

 

III. REGISTRATION

 

  1. The Products and the Licence for using the Products can be purchased at the Service by the Customers holding the status of a registered user of the Service.
  2. The status of the registered user of the Service can be obtained by undertaking the following actions:
  3. registering at the Service by filling out the form available at the Service in a proper manner, in particular providing required personal data and setting login and password to the Account of the Customer,
  4. activation of the Account by clicking the link sent into the Customer’s e-mail address. Activation of the Account enables the Customer to login into the Account.
  5. Registration shall be required only once. After registering the Customer shall login into Account by using previously set login and password.
  6. After logging into the Account, the Customer may update its personal data provided during registration at the Service.
  7. The Customers shall be obligated to storage the data necessary in order to login into Account at the Service in a manner preventing gaining access to them by unauthorized third parties.

 

IV. LICENCES

 

  1. Appliccon states that it holds copyrights or relevant licence for the Products presented at the Service.
  2. Appliccon enables the Customers to purchase and use the Products presented at the Service on the basis of the following types of the Licences:
  3. One-time Licence for using particular Product purchased at the Service (“Product Licence”); In the case of purchasing of the Product Licence, after placing the order for the Product and paying the price in the amount indicated by the Product, the Customer shall be entitled to download and use selected Product pursuant to the terms specified hereunder;
  4. Licence enabling downloading unlimited number of the Products available at the Service for the period of 1 (one) year (“Annual Licence”); In the case of purchasing the Annual Licence, after paying the fee indicated at the Service (pursuant to the Table of Fees that constitutes Appendix no. 1 hereof), the Customer shall be entitled to download all Products available at the Service for the period of (1) one year and use these Products pursuant to the terms specified hereunder;
  5. Licence enabling downloading unlimited number of the Products available at the Service for indefinite period (“Full Licence”); In the case of purchasing the Full Licence, after paying the fee indicated at the Service (pursuant to the Table of Fees that constitutes Appendix no. 1 hereof), the Customer shall be entitled to download and use all Products available at the Service pursuant to the terms specified hereunder for the indefinite period.
  6. A non-exclusive Licence for using the downloaded Products for the indefinite period is granted at the moment of making payment by the Customer and downloading the Products.
  7. As a part of the purchased Licence, the Customer shall be entitled to download, install the Products at the Customer’s Device and use the downloaded Products in order to create the Final Product for the Customer’s own use or in favour of the Beneficiary.
  8. As a part of the purchased Licence, the Customer shall be entitled to introduce to the Products amendments necessary in order to create with the use of the Products the Final Product for the Customer’s own use or in favour of the Beneficiary.
  9. The Licence granted to the Customer does not entitle the Customer to distribute or reproduce the Products or their parts or modified Products in any form, including selling, borrowing, leasing or distributing the Products in the Internet for the purposes other than in order to create the Final Product for the Customer’s own use or in favour of the Beneficiary, neither against payment nor for free. In particular it shall be prohibited to put the Products into CDs, DVSs, websites or other mediums for redistribution or resale purposes. It shall only be allowed to distribute the Final Product created with the use of the Products – but not the Products themselves.
  10. Subject to provisions of the subsequent sentence, without prior Appliccon’s consent, the Customer shall not be entitled to transfer or to grant any rights and obligations arising under the concluded agreement in favour of third parties. The Customer shall be entitled to grant the authorisation to use the Products to the Beneficiary in favour of which the Final Product was created with the use of particular Products, exclusively within the scope necessary in order to use the Final Product created with the use of the Products by the Beneficiary.
  11. The Customer shall be obligated to ensure that unauthorised persons cannot use the Products purchased by the Customer at the Service in a manner not compliant with the provisions of law or provisions hereof.
  12. Any materials, including inter alia photos, graphics, fonts, audiovisual works used in the Products constitute their integral part. The Customer shall be entitled to use such materials exclusively together with the Products, as part of the Final Product created with the use of the Products.

 

 V. TERMS OF PLACING ORDERS

 

1. GENERAL TERMS

 

  1. The orders can be placed at the Service 7 days a week, 24 hours per day.
  2. The Customer holding the Account at the Service can place the order for particular Products and also purchase the Annual Licence or the Full Licence for the use of all Products available at the Service, after logging into Account using login and password.

 

2. ORDERING THE PRODUCT TOGETHER WITH THE PRODUCT LICENCE

 

  1. By placing at the Service the order for specific Products, the Customer makes Appliccon an offer to enter into the agreement of sale (purchase) of chosen Products together with the Product Licence.
  2. After selecting the Products presented at the Service and giving the data such as: selected Products, form of payment and other data that is necessary in relation to execution of the order, the Customer confirms placing its order by clicking “ORDER WITH OBLIGATION TO PAY” button.
  3. The sale agreement is concluded when Appliccon receives the payment for the ordered Product.
  4. After the order has been placed, within 24 hours after the payment for the ordered Product is credited, the Customer shall obtain the access to selected Product.
  5. Appliccon shall confirm conclusion of the agreement within 24 hours after the payment for the ordered Product is credited, by sending an email to the electronic mailbox address which was specified by the Customer during registration at the Service.
  6. Using the Product in accordance with granted Product Licence shall be possible after downloading Product from the Service and saving it onto the Device.

 

3. THE ANNUAL LICENCE AND THE FULL LICENCE

 

  1. The Customer may purchase at the Service the Annual Licence that enables downloading all Products available at the Service for the period of (1) one year and using them pursuant to terms specified hereunder or the Full Licence that enables downloading all Products available at the Service and using them pursuant to terms specified hereunder for the indefinite period.
  2. After selecting the type of the Licence and providing data such as form of payment and other data that is necessary in relation to execution of the order, the Customer confirms placing its order by clicking “ORDER WITH OBLIGATION TO PAY” button.
  3. The sale agreement is concluded when Appliccon receives the payment for the placed order.
  4. After placing the order, within 24 hours after the payment made in accordance with the Table of Fees that constitute Appendix no. 1 hereof is credited, the Customer shall obtain the access to all Products presented at the Service in accordance with chosen type of Licence – for indefinite period of time (the Full Licence) or for the period of (1) one year from the moment of placing the order (the Annual Licence).
  5. Appliccon shall confirm conclusion of the agreement within 24 hours after the payment for the ordered Products is credited, by sending an email to the electronic mailbox address which was specified by the Customer during registration at the Service.
  6. Using the Products in accordance with granted Annual Licence or Full Licence shall be possible after downloading them from the Service and saving them onto the Device.

 

IV. PAYMENTS

 

  1. The prices of the Products and the Annual Licence or the Full Licence fees available at the Service at the moment of placing the order by the Customer are binding for the Customer and for Appliccon.
  2. The prices of the Products and the Annual Licence or the Full Licence fees are given in USD and include VAT (gross prices).
  3. If the Customer requests a VAT invoice to be issued, the Customer should indicate in the order additional data required in order to issue the VAT invoice. The VAT invoice shall be delivered to a correspondence address of the Customer or via e-mail to the address indicated at the moment of placing of the order.
  4. The Customer placing the order at the Service can choose one of the following forms of payment:
  5. payment though PayPal system,
  6. credit card payment.
  7. Appliccon delivers to the Customer the purchase document in the form of a receipt or a VAT invoice confirming conclusion of the agreement.

 

VII. WITHDRAWAL FROM THE AGREEMENT

 

  1. Any Customer who is a consumer is entitled to withdraw from the agreement without giving any specific reason within 14 days from the date of conclusion of the agreement, by making a statement on withdrawal from the agreement, subject to clause 3 below. To keep the aforementioned term, it is enough to send the statement before the 14-day deadline expires.
  2. The Customer can make the statement for example in writing to the registered office of Appliccon or via e-mail sent to the address:contact@themes108.com. The Customer can make the statement using the form of withdrawal from the agreement that constitutes Appendix no. 2
  3. The Customer shall not be entitled to withdraw from the agreement if with its explicit consent the Products were downloaded by the Customer before the expiry of the term to withdraw from the agreement provided that Appliccon informed the Customer about expiry of the right to withdraw from the agreement.
  4. If the Customer withdraws from the agreement on conditions specified in the paragraph 1 above, Appliccon shall be obliged to return all the payments made by the Customer immediately and no later than within 14 days from the date of receiving the letter of withdrawal from the agreement from the Customer.
  5. Appliccon returns the payments made in the same form the Customer has used unless the Customer specifically agrees to a different form of the return payment which does not burden it with any extra cost.

 

VIII. COMPLAINTS

 

  1. Appliccon obliges itself to deliver to the Customer the Products without defects.
  2. Appliccon is held responsible towards the Customer if the Products sold have a physical or legal defect as specified in the regulations of the act of 23 April 1964, Civil Code.
  3. Complaints regarding the non-compliance of the Products with the agreement can be made in person or in writing at the following address of Appliccon: Appliccon z o.o., 1 Rzemieślnicza Street, 30-363 Kraków.
  4. Appliccon will investigate and respond to the complaint filed by the Customer promptly, not later than within 14 days from the date of lodging the complaint.
  5. It is possible for any Customer who is a consumer to follow extra judicial procedures of handling complaints and pursuing claims. In particular, the Customer can address a request to initiate mediation proceedings to settle the dispute to the Regional Inspector of Commercial Inspection (Wojewódzki Inspektor Inspekcji Handlowej), or to the Regular Consumer Court of Arbitration (Stały Polubowny Sąd Konsumencki) which operates with the Regional Inspector of Commercial Inspection (Wojewódzki Inspektor Inspekcji Handlowej). In order to follow the extra judicial procedures of handling complaints and pursuing claims, it is necessary for both parties to consent on the issue.
  6. It is possible for any Customer who is a consumer to seek assistance in the case of a dispute with a seller, or to get pro bono advice or legal information from a district (municipal) consumer ombudsman or a social organisation whose statutory objectives include consumer protection, like, for example: the Association of Polish Consumers (Stowarzyszenie Konsumentów Polskich), or the Federation of Consumers (Federacja Konsumentów).

 

IX. PERSONAL DATA

 

  1. Appliccon is the administrator of the personal database given by the Customers of the Service in order to process the orders.
  2. The personal data given by the Customer shall be processed by Appliccon for the sole purpose of order completion.
  3. The Customer has the right to access the content of its personal data, correct them, or wish they are deleted.
  4. The Customer can also grant its consent to having its personal data processed in a scope exceeding the aforementioned scope.

 

X. NEWSLETTER

 

  1. The Customer can consent to Appliccon mailing commercial or marketing information in the form of a Newsletter onto the electronic mailbox address specified by the Customer.
  2. The Customer can discontinue getting the Newsletter at any given time.

 

XI. CONTACT DATA

 

  1. Appliccon shall contact the Customers though the electronic mailbox address specified by the Customer or in a written form.
  2. The Customer can contact Appliccon in a following manner:
  3. via e-mail sent to the address: contact@themes108.com;
  4. via mail sent to the address: Appliccon z o.o., 1 Rzemieślnicza Street, 30-363 Kraków.

 

 XII. FINAL PROVISIONS

 

  1. The Customer shall be obligated to use the Service in a manner that shall not breach the rights of third persons, good practices and provisions of law. It is prohibited for the Customer to deliver data of unlawful nature.
  2. Appliccon owns the copyright and relevant licences as regards the contents presented at the Service. It is forbidden to copy or distribute them without the permission of Appliccon or contrary to the provisions hereof.
  3. In matters not covered by the provisions hereof, there are to be applied the commonly binding rules of the Polish law, among others those listed in the act of 23 April 1964, Civil Code, the act of 30 May 2014 on consumer rights, and the act of 29 August 1997 on personal data protection.
  4. Appliccon does not apply the code of good practice as specified in the act of 23 August 2007 on countering unfair commercial practices.
  5. Any disputes arising under the agreement concluded between the Customer who is not a consumer and Appliccon shall be settled by the court appropriate for the registered office of Appliccon.
  6. The Regulations do not restrict more extensive rights of the Customer who is not a consumer resulting from binding provisions of law.

 

 

INFORMATION ABOUT WITHDRAWAL FROM THE AGREEMENT

 

The right to withdraw from the agreement

 

You have the right to withdraw from this agreement within the 14-day period without giving any specific reason.

The deadline for the withdrawal from the agreement expires after 14 days from the date of conclusion of the agreement.

To exercise the right of withdrawal from the agreement, you have to inform Appliccon about your decision to withdraw from the agreement in the form of an unambiguous declaration (for example, a letter sent by a regular or electronic post).

You may use the withdrawal from the agreement form, yet it is not obligatory.

In order to keep the term of the withdrawal from the agreement, it is enough for you to sent the information about executing your right to withdraw from the agreement before the withdrawal from the agreement deadline expires.

You shall not be entitled to withdraw from the agreement if with your explicit consent the Products were downloaded by the Customer before the expiry of the term to withdraw from the agreement provided that Appliccon informed the Customer about expiry of the right to withdraw from the agreement.

 

The effects of the withdrawal from the agreement

 

In the case of withdrawal from this agreement, we are obliged to return all your payments, immediately, no later than within 14 days from the date we were informed about your decision to execute your right of withdrawal from this agreement. We shall return your payments using the same form of payment you have chosen for your original transaction, unless you have explicitly consented to some other option; in either case you will not be charged any extra fee for the return transaction.

 

APPENDIX no. 1 TO THE REGULATIONS

Table of Fees

Product Licence
Photo from $2
PSD Template from $9
Wordpres Theme from $39

 

APPENDIX 2 TO THE REGULATIONS

WITHDRAWAL FROM THE AGREEMENT FORM (SPECIMEN)

 

[this form needs to be completed and sent only if you are willing to withdraw from the agreement]

 

  • Address: Appliccon z o.o., 1 Rzemieślnicza Street, 30-363 Kraków

 

  • I/We hereby inform about my/our withdrawal from the agreement for the sale of the following items: …………………………………………………………………………………….

 

  • Date of entering into the agreement: ……………………………………….

 

  • Name and surname of the consumer/s: …………………………………………………………

 

  • Address of the consumer/s: ………………………………………………………………………….

 

  • Signature of the consumer/s (only if the form is sent in writing): ……………

 

  • Date: ………………………………………………………………………………………………………………….