Terms and Conditions

OVERVIEW

This website is operated by Abstrakt Collective Piotr Olszowski, a company based in Warsaw, Poland. Throughout the site, the terms "Abstrakt Collective", “we”, “us” and “our” refer to Abstrakt Collective Piotr Olszowski. Abstrakt Collective offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store works thanks to the STRIPE system. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS

1. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
2. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
3. You must not transmit any worms or viruses or any code of a destructive nature.
4. A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

1. We reserve the right to refuse service to anyone for any reason at any time.
2. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
4. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

1. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

1. Prices for our products are subject to change without notice.
2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES (IF APPLICABLE)

1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
2. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
3. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
4. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
2. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
3. For more detail, please review our Return Policy.

OPTIONAL TOOLS

1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
2. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
4. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

1. Certain content, products and services available via our Service may include materials from third-parties.
2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

1. Your submission of personal information through the store is governed by our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
2. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
3. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
4. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
5. In no case shall Abstrakt Collective, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

1. You agree to indemnify, defend and hold harmless Abstrakt Collective and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
2. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
2. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

1. All disputes arising in connection with this Agreement shall be settled, if possible, by amicable negotiation of the Parties.
2. The parties have requested that these Terms of Service and all court proceedings thereto related be drafted in Polish language.

CHANGES TO TERMS OF SERVICE

1. You can review the most current version of the Terms of Service at any time at this page.
2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

1. Questions about the Terms of Service should be sent to us at admin@theradseries.com.

INTERNATIONAL DELIVERY

1. When ordering goods from Abstrakt Collective for international deliveries you may be subject to import duties and/or taxes. Abstrakt Collective is not responsible for any charges that are incurred from customs/duties whatsoever. Any additional charges for customs clearance are considered outside of our control and Abstrakt Collective cannot predict the value of these charges. For additional information on custom/duties policies in your country, please contact your local customs office.

RETURN POLICY

All orders are made by-hand, to specification, and are considered pre-order purchases. There are absolutely no refunds, or cancellations once an order has been placed on any of our products. You can read more about our Terms and Conditions.

Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.

IN-STOCK ITEMS

Returns/exchanges/part replacement (at our discretion after examining the problem) are available within 30 days of purchase for major issues/failure only (no minor defect). Read below what are major defect.

DAMAGES AND ISSUES

Due to the nature of manufacturing processes (involving hand processing) and methods used, minor defects may be present in the end product, we consider them to be normal and might be present.

Minor defects include:

• Minor machining marks on aluminum parts
• Minor machining marks on polycarbonate parts (two phase polishing: manual (by hand) and vapor polishing)
• Minor oil marks on PCBs

Major defects include:

• Large scratches, or dents on the exterior of the product
• Broken components
• Dead PCBs
• Incorrect item received

EXCEPTIONS / NON-RETURNABLE ITEMS

Certain types of items cannot be returned, like custom products (such as special orders or personalized items), sale items or gift cards. Please get in touch if you have questions or concerns about your specific item.

EXCHANGES

The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.

• You are responsible for paying your own shipping costs for returning items to us.
• We do not guarantee that we will receive your returned item.
• It is recommended you use a shipping method with tracking and insurance.

REFUNDS

We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.

CONTACT US / OPEN TICKET

Please, if you have the necessity to contact us for support via email: admin@theradseries.com

DEFINITIONS

For the purpose of the Pre-Order Terms and Conditions (the “POT&C”), “we”, “us”, “our” shall mean Abstrakt Collective;

“Customer”, “you” shall mean any person, firm, company or body which places a Pre-Order with Abstrakt Collective; “Pre-Order” shall mean a contract for sale by Abstrakt Collective to the Customer of the products and/or services;

“Website” refers to theradseries.com

“Pre-Order” refers to the pre-order campaign whose purpose is to raise funds for a full production of the related product, before the finished product is manufactured. This campaign is also referred to as “group buy”, or “GB”.

ACCEPTANCE

All Orders and purchases made through this Website are subject to the “POT&C” outlined below. These Terms & Conditions are effective as of the date you place your Pre-order and make your Pre-Order Payment (the “Pre-Order Date”).

PRICES AND PAYMENT TERMS

1. Our Website accepts payment via STRIPE.
2. The prices charged are those applicable at the time when the Customer makes the Order. Prices are subject to change without prior notice and all Orders are subject to Abstrakt Collective acceptance at its sole discretion and stock availability.
3. The payment shall be made in the way and currency stated on the Website (€EU). Payment is due as stated on Abstrakt Collective checkout page without offset or any deduction for withholding taxes or otherwise.
4. The payments that are funded by an International Credit or Debit Card and may involve a currency conversion, by proceeding with your authorization of the payment you are agreeing to the currency conversion on the basis of the exchange rate which is adjusted regularly based on market conditions. Abstrakt Collective is not liable for these currency conversion fluctuations.
5. If a product is quoted at an incorrect price due to a typographical error, or error in pricing information, Abstrakt Collective reserves the right to reject or cancel any Orders placed for the product quoted at the incorrect price, even if Abstrakt Collective has issued the invoices and received the purchase price. If Abstrakt Collective has received the purchase price but subsequently canceled the Order, we will notify the customer and refund the purchase price to Customer.
6. The webstore theradseries.com may from time to time set credit limits for individual customers and reserves the right to limit sales including the right to decline sales to any customers.
7. The webstore theradseries.com reserves the right to change the payment terms for any Orders without prior notice.

PRE-ORDER PROCESS / CANCELLATION / CHANGES

1. Pre-order purchases are not refundable once a purchase has been made. It is the customer’s responsibility to ask about compatibility, and other concerns before a purchase is made. This is to protect the financial integrity of the pre-order campaign, making sure there are enough funds to go through with the set production size.
2. If you make changes to your Product Configuration, you may be subject to potential price increases for any pricing adjustments made since your original Pre-Order Date. Any changes made by you to your Product Configuration, including changes to the delivery location or estimated delivery date might be subject to pricing changes.
3. We will not be responsible for resending an order if you enter your address incorrectly, or fail to inform us of an address change before your order is shipped. We will resend your order, but you will be responsible for a $10 return surcharge, as well as the second shipping fee to the correct address.

AGREEMENT TO PURCHASE

1. You agree to pre-order the product (the “Product”) described in your Product Configuration and by taking delivery, completing the transaction when the Product is ready for delivery from Abstrakt Collective, pursuant to the terms and conditions of this Agreement. The pre-order price of the Product is indicated in your Product Configuration.

TITLE AND RISK OF LOSS

1. All risks and liability related to the product(s) shall be transferred to the Customer upon the collection from the third-party carrier. Abstrakt Collective shall retain title in the products until full payment has been received.

DELIVERY

1. We reserve the right to decline delivery of goods to any Customer at our sole discretion absolutely.
2. Expected shipping times vary from product to product, please see the specific product page for more details on it’s estimated time to ship.

GENERAL

This contract supersedes the Terms and Conditions on the website for parts detailed in this contract.

If any of the above provisions should be void in whole or in part, this shall not affect the validity of the remaining provision(s) of the contract.

If we do not act in relation to a breach of these T&C by you, this does not waive our right to take action in respect of a similar breach of the T&C by you in the future.