Terms of service

SAX35TH.COM's ("SAX35TH" "we" "us" "Seller" "Online Store" "Store") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites (collectively, the "TOS"). Please read the TOS carefully before placing any orders on sax35th.com. We recommend you should keep a copy of the TOS for future reference.

SAX35TH is a brand name owned by COLOR UNDERGROUND Alicja Korytkowska, with registered office in Poland at ul. Białostocka 79, Fasty 15-694, tax code and VAT number PL9661800009 registration number: 200415686. We value your feedback! Please feel free to email us at sax35th@sax35th.com with any comments or suggestions regarding SAX35TH.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. We reserve the right to only accept orders from those over 18.

We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order. However, we may be required to make changes by law, in which case we will inform you accordingly.

1. Registration

Some sections of this website require registration. It's important to provide accurate and current information during the registration process. If any of your details change, please contact us at info@sax35th.com. Please note that registration rules may be subject to change.

How to Register:

1. Navigate to the "SIGN IN" option on the navigation bar.
2. Select "REGISTER NOW" to fill in your details.

Account Security:

• Create a unique and secure password for your account.
• Keep your password confidential and secure.
• Immediately notify SAX35TH of any security breaches or unauthorized account usage.

Password Security:

• Your login password should be secure and difficult to decipher.
• In case of a security breach, please contact SAX35TH immediately.

For information on data processing, please refer to our Privacy Policy section.

Forgotten Password:

If you've forgotten your password, you can easily reset it:

• Click here to change your password.
• Alternatively, follow the "FORGOTTEN PASSWORD" instructions on the SIGN IN page.

For security reasons, we do not send passwords via email.

Please refer to our Privacy Policy for information on how we handle your data.

2. Online Purchases

Making purchases through this website requires providing personal data (such as name, email address, product delivery address, phone number, etc.) and payment details. All information must be current and accurate.

Only individuals and companies with a valid payment card issued by a bank accepted by SAX35TH, and who have allowed SAX35TH to charge the card for the purchase amount, are eligible for online purchases. SAX35TH reserves the right to limit the number of items purchased by an individual or company. By making a purchase, a registered customer authorizes SAX35TH to use personal data, which may, in some cases, be shared with or relate to third parties (credit card information, including user's spouse's credit card reports). SAX35TH may require identity confirmation, credit card authorization, or specific transaction authorizations. SAX35TH may use personal data to prevent fraud. Information on data processing is available in the Privacy Policy section.

3. Orders

Orders are subject to product availability and require acceptance by the Store. SAX35TH sells products that are currently available and ready for shipping. In special cases, a longer waiting time may be necessary. In such cases, customers can place a pre-order and make a deposit. The shipment will be sent to the customer first. The same rules apply to pre-orders as to all orders on the SAX35TH store.

In exceptional cases, shipping may be impossible due to complications in quality control or unforeseen production accidents. In such situations, the payment is refunded to the customer within 14 days.

Adding products to the "cart" does not reserve them.

Transaction data is stored by SAX35TH for a minimum of 5 years, data processing is available in our Privacy Policy.

4. Pricing Policy

Prices on the online store are in Polish Zlotys, Euro or US Dollars and include VAT (not applicable to customers in countries where VAT does not apply). Prices depend on the currency exchange rate and may be subject to change. For orders from countries with currencies other than Polish Zloty, the price is calculated based on the applicable exchange rates on the transaction date.

5. Payments

SAX35th accepts payments by cards: Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, American Express, Maestro, and other payment options (available on the website). By completing a transaction, the customer confirms being the card owner and agrees to authorization and verification processes. SAX35TH is not responsible for complications during card authorization procedures. SAX35TH strives to ensure transaction security using proven solutions. Transactions are made through Stripe/Przelewy24/PayPal/PayU/Klarna and are secured with SSL technology. SAX35TH is not responsible for privacy breaches not resulting from negligence on the part of SAX35TH.

6. Terms and Conditions

The SAX35TH website ("SAX35TH" "we" "us") operates based on these Terms and Conditions. We encourage customers to read them before making a transaction and to keep a copy for their reference. Particularly, we recommend familiarizing yourself with the rules of making purchases. Customers below 18 years of age require the consent of legal guardians to make purchases on the SAX35TH online store. We reserve the right to grant permission for purchases only to adults. The Terms and Conditions may be subject to change, so we encourage regular visits to this page. In case of disagreement with any of the terms, please refrain from using the site. Changes to the terms after placing an order do not affect the order unless required by law.

• Gift cards are valid for 24 months from the purchase date.
  
• Cards apply to all products on SAX35TH.COM store.
  
• Cards cannot be exchanged for cash.
  
• If the order amount is lower than the card value, the remaining amount remains on the user's account for further purchases.
  
• Account details are available in the "My Account" tab.
  
• If the order amount exceeds the card value, the remaining amount must be supplemented by a transfer unless the user has a backup amount on their account.
  
• In case of returning products purchased with a gift card, the amount is refunded to the user's gift card account.
  
• Virtual gift cards are sent by email to the recipient after placing the order and making the payment. SAX35TH is not responsible for undelivered gift cards (in case of incorrect or non-existent addresses). SAX35TH is not responsible for theft, loss, or misuse of the card. In special cases, SAX35TH reserves the right to cancel the card. Shipping costs and sales tax apply to purchases made with gift cards.
  
• Printed gift cards can be sent by mail.

8. Insurance and Delivery

SAX35TH is responsible for insuring shipments until their delivery. Personal confirmation with a signature is required upon receipt. If the shipment is received by another person, they are considered an authorized representative of the recipient, and their signature is deemed valid.

Shipping typically occurs within 48 hours, with exceptions made for special cases (up to 5 days). Please note that the stated delivery time is approximate. SAX35TH is not liable for delays resulting from customs clearance processes. Detailed information regarding delivery to individual countries can be found in the SAX35TH's Shipping Policy.

Our nominated courier can deliver an order to certain destinations without collecting a signature. Please note that by not collecting a signature upon delivery, you agree to our terms and conditions. In such cases, SAX35TH reserves the right to leave your package(s) outside the premises at the provided shipping address without obtaining a signature for proof of delivery. It's important to be aware that, in agreeing to these terms, you assume full responsibility for any loss or damage that may occur if no signature is collected. Additionally, please be informed that our nominated courier may refuse to deliver your order if they deem the shipping address to be unsafe.

It is the client's responsibility to thoroughly inspect the package upon delivery for any signs of damage. If any damage is observed, it is imperative to promptly report it to the courier and document it accordingly. Failure to report any damage to the courier may result in the client assuming full responsibility for the damaged products. In such cases, SAX35TH reserves the right not to accept the return of damaged products. Please ensure that you inspect your package carefully upon delivery and report any damages to the courier immediately to avoid any issues with returns.

For further inquiries regarding our delivery conditions, please feel free to contact us

9. Returns, Cancellations and Exchanges

Order Cancellation

For customers in EU countries with legal protection under distance selling regulations, it is possible to cancel an order within 6 hours of purchase, provided SAX35TH is informed in writing within this time frame. Contact SAX35TH Customer Service via email: info@sax35th.com. Please note that if the order has already been picked up by the courier, cancellation is not possible. We strive to ship products as soon as possible, so we appreciate your understanding. In this case, you will need to initiate a return.

In the case of orders canceled under this right, the full amount, including the shipping cost incurred when placing the order, is refunded. Refunds are processed within 14 days from cancellation.

Returns

For customers in EU countries with legal protection under distance selling regulations, it is possible to return products purchased online within 14 days of receipt. Returns are free for EU country members. For customers outside the EU, return labels are not provided. In this case, returns can be sent using any carrier at your own expense. Please ensure you retain proof of delivery in case of any issues. If you would like to proceed with return please follow our Return Instructions.

Please note that payment refunds are processed within 14 days of our store receiving the return parcel. However, refunds may be declined if the returned products do not meet the required conditions, including being in their original packaging, with all labels and tags attached, unused, and undamaged. Customers may be charged for return shipment costs in such cases.

Flexible Return Policy

We offer a flexible return policy to make your online shopping experience easier. Please be aware that we monitor returns to ensure they are not pursued for commercial, entrepreneurial, or fraudulent purposes. Frequent or repeated returns that breach our terms and conditions may result in account closure or refusal of future orders at our discretion.

Exchanges

For customers in EU countries with legal protection under distance selling regulations, it is possible to exchange products purchased online within 14 days of receipt. Exchanges are free for EU country members. For customers outside the EU, return labels are not provided. In this case, returns can be sent using any carrier at your own expense. Please ensure you retain proof of delivery in case of any issues. If you would like to proceed with Exchange please follow our Return and Exchange Instructions.

10. Complaints and Reclamations

SAX35TH is dedicated to ensuring the conformity of products with the contract. If a product is found to be defective, the customer is entitled to file a complaint. To begin the complaint process, the customer should contact SAX35TH Customer Service via email at info@sax35th.com or by sending a letter to SAX35TH, Bialostocka 79, Bialystok Fasty 15-694, POLAND, providing details about the defect.

Even if the product is used and defects were hidden, the customer still has the right to file a complaint. In such cases, the customer should send the complaint letter via email and attach photos of the defect. SAX35TH reserves the right to review the defects using these pictures and make a decision to repair the product, exchange it for a new one, or proceed with a refund, in this order of priority.

Products must be returned to our address at the customer's expense: SAX35TH, Bialostocka 79, Bialystok Fasty 15-694, POLAND. New products should be returned in unused, undamaged condition. Reclamation products should be clean and include an invoice copy or order number for identification. The customer is responsible for the care of the products until they are delivered to our warehouse. It is recommended to keep proof of shipment.

If a defect is confirmed, SAX35TH will take appropriate action to rectify the issue, which may include repairing or replacing the product. If repair or replacement is deemed impossible or excessively costly, the customer is entitled to a refund of the purchase price or a reduction in the purchase price.

Complaints are processed within 14 days of receiving the products, and payment refunds are sent within 30 days of accepting the complaint. If the return of products is not received at our address, we reserve the right to charge the customer for the loss and may refuse further purchases.

We strive to inform the client of our decision within 14 days and proceed with the complaint resolution within 30 days.

11. Privacy Policy

This Privacy Policy explains how SAX35TH processes personal data and how it protects the privacy of users of the SAX35TH online store. By using the SAX35TH website, users agree to the processing of their personal data as described in our Privacy Policy.

PERSONAL DATA CONTROLLER

The personal data controller is SAX35TH.COM, COLOR UNDERGROUND Alicja Korytkowska, Bialostocka 79, Bialystok Fasty 15-694, registration number 200415686, POLAND.

PERSONAL DATA

Personal data processed by SAX35TH includes:

1. Data provided during registration on the SAX35TH website, such as name, surname, email address, phone number, and address.
2. Data provided during purchases on the SAX35TH online store, such as name, surname, email address, phone number, delivery address, and payment details.
3. Data provided during communication with SAX35TH, such as emails and messages sent through the contact form.
4. Data collected through cookies, which may include information about the user's device, IP address, and browsing activity on the SAX35TH website.

PROCESSING PURPOSES

SAX35TH processes personal data for the following purposes:

1. Providing and managing user accounts on the SAX35TH website.
2. Processing and fulfilling online orders, including order confirmation, payment processing, and product delivery.
3. Responding to user inquiries and providing customer support.
4. Sending newsletters and marketing communications to users who have subscribed to receive them.
5. Analyzing and improving the functionality and user experience of the SAX35TH website.
6. Complying with legal obligations, including tax and accounting requirements.

LEGAL BASIS FOR PROCESSING

The legal basis for processing personal data by SAX35TH includes:

1. The necessity of processing for the performance of a contract with the user (e.g., processing orders).
2. The user's consent, where applicable (e.g., sending newsletters).
3. Compliance with legal obligations (e.g., tax and accounting requirements).
4. The legitimate interests pursued by SAX35TH, such as improving website functionality and ensuring customer satisfaction.

DATA SHARING

SAX35TH may share personal data with third parties for the following purposes:

1. Payment processing: Personal data may be shared with payment service providers to process transactions.
2. Shipping and logistics: Personal data may be shared with shipping carriers to deliver products to customers.
3. Marketing: Personal data

may be shared with marketing service providers to send newsletters and promotional communications.

SAX35TH ensures that third parties processing personal data on its behalf provide sufficient guarantees to implement appropriate technical and organizational measures to meet the requirements of data protection regulations.

DATA TRANSFERS OUTSIDE THE EU/EEA

SAX35TH may transfer personal data to countries outside the European Union (EU) or the European Economic Area (EEA) if necessary for the purposes described in this Privacy Policy. In such cases, SAX35TH takes steps to ensure an adequate level of data protection, including the use of standard contractual clauses or other appropriate safeguards.

DATA SECURITY

SAX35TH implements appropriate technical and organizational measures to ensure the security and confidentiality of personal data. This includes secure data transmission (e.g., SSL encryption), access controls, and regular security assessments.

DATA RETENTION

SAX35TH retains personal data for as long as necessary to fulfill the purposes for which it was collected, including any legal, accounting, or reporting requirements. The retention period may vary depending on the type of data and the applicable legal obligations.

USER RIGHTS

Users have the following rights regarding their personal data processed by SAX35TH:

1. Right of access: Users can request information about the personal data processed by SAX35TH and obtain a copy of their personal data.
2. Right to rectification: Users can request the correction of inaccurate or incomplete personal data.
3. Right to erasure: Users can request the deletion of their personal data in certain situations.
4. Right to restrict processing: Users can request the restriction of the processing of their personal data in certain situations.
5. Right to data portability: Users can receive their personal data in a structured, commonly used, and machine-readable format and have the right to transmit that data to another controller.
6. Right to object: Users can object to the processing of their personal data in certain situations.
7. Right to withdraw consent: Where processing is based on consent, users can withdraw their consent at any time.

To exercise these rights or for any questions about the processing of personal data by SAX35TH, users can contact SAX35TH Customer Service, SAX35TH, Bialostocka 79, Bialystok Fasty 15-694, POLAND, or via email: info@sax35th.com.

Users also have the right to lodge a complaint with the supervisory authority responsible for data protection in their country.

CHANGES TO THE PRIVACY POLICY

SAX35TH reserves the right to update this Privacy Policy as needed to reflect changes in its data processing practices or applicable laws. Users are encouraged to review this Privacy Policy periodically to stay informed about how SAX35TH processes personal data.

Last updated: 04 march 2024

12. Cookies Policy

This Cookies Policy explains how SAX35TH uses cookies and similar technologies on its website. By using the SAX35TH website, users agree to the use of cookies as described in this policy. Please note that our 'Privacy Policy' details all the issues and rules concerning the use of cookies in our Store.

WHAT ARE COOKIES?

Cookies are small text files that are stored on a user's device when they visit a website. They are widely used to ensure the proper functioning of websites, enhance user experience, and provide information to website owners.

TYPES OF COOKIES

SAX35TH uses the following types of cookies:

1. Essential cookies: These cookies are necessary for the basic functionality of the SAX35TH website. They enable users to navigate the website and use its features.

2. Analytical cookies: These cookies allow SAX35TH to analyze how users interact with the website, including which pages are visited and how much time is spent on each page. The information collected helps improve the website's performance and user experience.

3. Functional cookies: These cookies enhance the user experience by remembering choices made by users (e.g., language preferences) and providing personalized features.

4. Marketing cookies: These cookies are used to deliver personalized marketing content based on user behavior and interests.

COOKIE MANAGEMENT

Users can manage cookie preferences through their web browser settings. Most browsers allow users to block or delete cookies, and information on how to do this is usually found in the browser's help or settings menu.

Please note that blocking essential cookies may impact the functionality of the SAX35TH website.

THIRD-PARTY COOKIES

SAX35TH may use third-party services that use cookies for various purposes, including website analytics and personalized marketing. These third parties have their own privacy policies governing the use of cookies.

By using the SAX35TH website, users consent to the processing of their data by third-party services in accordance with the third parties privacy policies.

CHANGES TO THE COOKIES POLICY

SAX35TH reserves the right to update this Cookies Policy as needed to reflect changes in its use of cookies or applicable laws. Users are encouraged to review this Cookies Policy periodically to stay informed about how SAX35TH uses cookies.