1. DEFINITION OF CONCEPTS
In the text of this Agreement, the following terms are given the following meaning:
“Site” means the following website: x-scalemodels.com, owned by the Company and located at the following link: www.x-scalemodels.com.
“User”, “you”, “your”, “you”, “by you” or any other similar derivatives (as the context requires) means the person who (1) uses the Site and/or has accessed its Content; and (2) has agreed to comply with the rules for using the Site, set forth in the text of this Agreement, by creating a personal account and registering on the Site.
“Company”, “We”, “Our”, “Us”, “Us” or any other similar derivatives (depending on the context) means the following person: X-SCALE, location address: Ukraine, which is the owner of the Site or manages them.
“Site Content” means all items posted by the Company and / or third parties (with the permission of the Company) on the Site, including design elements, text, graphics, illustrations, videos, programs, music, sounds, information, notifications and any or other objects of similar purpose, their selections or combinations.
“Site Software” means the software developed by the Company for the Site, including, but not limited to, all software, scripts, codes (HTML codes), programs, and the like.
“Services” means the Site Content and the Site Software collectively.
2. JOINING THE AGREEMENT
2.1. Users use the Site for the following purposes:
Purchase of X-Scale products
2.2. This User Agreement (hereinafter referred to as the “Agreement”) defines the rules and procedure for using the Site and Services, the rights and obligations of Users, and regulates the behavior of Users when gaining access to the Site and Services.
2.3. The User accepts the terms of this Agreement by creating a personal account and registering on the Site.
2.4. This Agreement is binding on its parties (i.e. for the Company and the User). Assignment by the User of their rights under this Agreement is possible only after obtaining prior written consent from the Company.
3. SITE USERS
Registration on the site and creating a personal account
3.1. In order to use the Site and/or gain access to the Services, Users are required to complete a mandatory free registration when entering the Site. It is impossible to use the Site without registration. Based on the results of registration completion, the User receives a unique login and password to enter his personal account (office).
3.2. To register, the User must provide the following information about himself:
First name, Last name, Email, Postal address
4. INTELLECTUAL PROPERTY
4.1. The Company owns all, without exception, property rights, including intellectual property rights, to all Site Content, as well as Site Software. The Site Software and Site Content are under protection by copyright in the manner prescribed by the current civil legislation of Ukraine, as well as international treaties and conventions in the field of protection of intellectual property.
4.2. Users are prohibited from copying, reproducing, modifying, compiling, distributing, and displaying in any form, publishing, downloading, transmitting, selling or otherwise distributing or using the Site Content and Site Software, except as expressly permitted by the terms of this Agreement or current legislation of Ukraine.
4.3. Nothing in the text of this Agreement can be interpreted as transferring to the User any exclusive rights to the Site Content (in whole or in a separate part) and / or the Site Software.
4.4. The Company owns all rights in respect of trademarks, commercial (business) names, brands, logos registered in its name (hereinafter referred to as “Trademarks”). Such Trademarks are protected by applicable law and NOTHING in this Agreement shall be construed as granting any license to the User to use such Trademarks.
5. ORDER OF WORK WITH THE SITE
Rules of conduct on the site
5.1. While using the Site, the User undertakes to adhere to the following rules:
(1) comply with all obligations assumed by the User in connection with accession to this Agreement; And
(2) provide reliable data about yourself during registration on the Site and to create a personal account (office); And
(3) not to impersonate any other person, including, but not limited to, not to provide any data of third parties (without obtaining their express, prior and informed consent) to register on the Site and/or to create a personal account (cabinet); And
(4) inform the Company about the theft of logins, passwords or any other access keys of the User to the personal account (office); And
(5) not provide third parties with access to your account (cabinet) and / or logins, passwords or other access keys; And
(6) not perform any actions (with or without automation tools) aimed at collecting any personal data of other Users; And
(7) not take any action or assist third parties in taking actions aimed at undermining the operation of the Site, including, but not limited to (a) uploading viruses or malicious code; (b) take actions that may lead to the disabling of the Site, disruption of the normal operation of the Site or Site software, or deterioration in the appearance of the Site and / or Site Content.
(8) not take any other action that is illegal, fraudulent, discriminatory or misleading.
Reviews about the site
5.2. Each User from time to time has the right (but not the obligation) to leave or send their ideas, feedback, suggestions or projects aimed at improving the operation of the Site or the quality of the Services provided. The User can send such feedback in the following way:
Send email to info.xscale@gmail.com
5.3. In the event that such an idea, feedback, suggestion or project is submitted, the User automatically grants us a non-exclusive, royalty-free, worldwide license with the right to transfer and sub-license to store, use, distribute, modify, launch, copy, publicly perform or display , translating your ideas, feedback, proposals or projects, as well as creating derivative works based on them.
6. ADVERTISING ON THE SITE
Placement of advertising by the company
6.1. The Company may from time to time place any advertising or marketing materials on the Site.
6.2. The User may from time to time receive communications from the Company with certain promotional or marketing materials.
6.3. The User also has the right to cancel such a free subscription at any time and without giving a reason by performing the following actions:
Send an email to info.xscale@gmail.com
Placement of advertising by third parties
6.4. The Site Content may contain links to third party websites and/or advertising or marketing materials about goods/services provided by such third parties (hereinafter referred to as “Third Party Advertisements”). THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY (1) FOR THE CONTENT OF THIRD PARTY ADVERTISING OR FOR THE AVAILABILITY, QUALITY AND SAFETY OF PRODUCTS/SERVICES PROMOTED IN SUCH ADVERTISEMENTS; and (2) FOR ANY LOSS, LOSS, OR DAMAGE SUFFERED OR CAUSED BY A USER AS A RESULT OF THE USER’S READING SUCH ADVERTISEMENTS, USE OF THE PROMOTED GOODS/SERVICES PROMOTED BY THIRD PARTY ADVERTISEMENTS.
6.5. In case of transition to another site through the Advertisement of third parties placed on the Site, the Company cannot guarantee that such a website is safe for the User and/or his computer. Nothing in the text of this Agreement should be construed as an assurance, encouragement, recommendation or inducement of the User to use Third Party Advertisements, visit any third party websites, as well as try, purchase, and use any goods/services of third parties.
7. PURCHASING THROUGH THE SITE
General provisions
7.1. Users have the ability to purchase certain products on the Site. The seller of such goods is directly the Company.
7.2. The Company does not store any information about your debit or credit card used for payment.
7.3. THE COMPANY PROVIDES THE ORDERED GOODS ONLY AFTER RECEIVING PAYMENT IN FULL.
7.4. If the Company cannot provide you with the ordered and paid for goods, the Company undertakes to immediately return to you the entire amount previously paid to pay off the cost of the ordered goods (with the exception of bank commissions and costs that could be charged by your servicing bank when paying for goods through the Site).
7.5. The Company does not guarantee the availability of a particular product on the Site.
Methods and terms of delivery
7.6. The Company provides the following methods of delivery of goods ordered on the Website:
Delivery by postal service
7.7. Any import (import) taxes, fees or charges (for example, VAT) in the country to which such delivery is carried out may be additionally charged on the cost of the goods ordered by you. The Company does not pay on behalf of the Users the specified import taxes, fees or charges, cannot predict whether they will need to be paid, as well as the estimated amounts of such charges.
7.8. The User has the right to present the Company with a demand for the return of the funds paid by him earlier for the goods, if the User did not receive such goods within the agreed period. In this case, the Company undertakes to refund such amount in full within 10 (ten) calendar days.
7.9. The Company does not assume any responsibility for a delivery error that occurred due to the fault of the User, who, for example, did not provide the correct recipient information.
Payment order
7.10. The cost of goods on the Site is indicated in US dollars. Payment for the goods must also be made in US dollars.
7.11. If you do not have an account in the specified currency, then you can use your debit or credit card, and the servicing bank (holder of the debit or credit card) will make the appropriate conversion at the exchange rate in accordance with its internal bank rules. The Company is not responsible for the exchange rate used by your servicing bank in such conversion.
7.12. The user can pay in one of the following ways:
Credit card, PayPal, Payoneer
7.13. Please note that the Company may at any time refuse to accept a particular payment method without any explanation or notification of Users.
7.14. The goods are considered paid by the User in full from the moment of confirmation of the execution of such a payment by a banking institution servicing the User’s debit or credit card, which was used by him to pay on the Site.
7.15. Please note that your servicing bank may, at its own discretion, conduct additional checks of the completed transaction through our Site, which may subsequently lead to a delay in payment for the goods you ordered earlier.
7.16. The Company does not assume any responsibility for losses, damages, lost profits, loss of goodwill that the User has incurred due to a delay in payment, which in turn could lead to a delay on our part in providing you with a certain product.
The procedure for the exchange and return of goods
7.17. The user has the right to exchange or return previously purchased goods. The User has the right to apply to the Company with a request for the exchange or return of goods in the manner prescribed by the current legislation on consumer protection, as well as the terms of this Agreement.
7.18. The user has the right to return or exchange goods of good quality without giving a reason within 14 (fourteen) calendar days from the date of purchase. In case of return of goods of proper quality, the User shall be refunded in full all amounts paid by him to pay off the cost of such goods. The rules and procedure for the exchange and return of goods are set out at the following link: https://www.x-scalemodels.com/returns-refunds/.
The quality of the purchased goods
7.19. Immediately after receiving the product in hand, the User is obliged to check it for possible defects or shortcomings, as well as for the conformity of the characteristics of the product with the description set out on the Site.
7.20. The User has the right to present the Company with a demand for the return of the funds paid by him earlier for the goods, if such goods do not correspond to the declared quality conditions of the goods or its description set out on the Site. In this case, the Company undertakes to refund such amount in full within 10 (ten) calendar days.
7.21. The user has the right to present his claims to the quality of the purchased goods to the Company within the established warranty period / shelf life of the goods or, if such a period is not established, within 2 (two) years from the date of purchase of such goods.
Promotions on the site
7.22. From time to time, the Company may place on the Site any promotional offers for goods. The frequency of placement of such offers, as well as their conditions are determined solely by the Company.
7.23. The user is aware that the number of promotional offers for goods is limited.
7.24. The Company does not guarantee or promise Users that (1) the purchase of any promotional goods on the Site is in any way beneficial for the User and/or third parties; and (2) the value of promotional items must necessarily be lower than their normal price on the Site or on other third party websites.
8. TERMINATION OF ACCESS TO THE SITE
8.1. The user has the right to stop using the Site at any time by deleting his account:
Send a request to info.xscale@gmail.com
8.2. In case of (1) violation by the User of the terms of this Agreement; and/or (2) violation of the intellectual property rights of the Company, other Users or third parties; and/or (3) committing actions that are illegal, violate the rights and interests of the Company, other Users or third parties, or undermine the operation of the Site or the ability to use the Site by other Users; and/or (4) the Services or the Site is used by the User in such a way that it may entail legal liability of the Company in the future; and/or (5) if required by applicable law or a competent state authority, the Company has the right to terminate (stop) the User’s access to the Site and its Services at any time without prior notice.
8.3. Such termination of access, among other things, also implies the deletion of the User’s personal account.
8.4. The User is duly aware that the Company does not take responsibility for any damage, losses, lost profits, loss of business or personal reputation caused to the User by deleting or blocking the account and / or inability to access the Site and its Services.
9. ASK A QUESTION
9.1. If you have any questions regarding the terms of this Agreement or the procedure / method of their execution, you can address your question to us in the following way:
Send an email to info.xscale@gmail.com
9.2. Employees and representatives of the Company undertake to make every possible effort to respond to your request within a reasonable period.
10. RESPONSIBILITY
10.1. IN NO EVENT SHALL THE COMPANY OR ITS REPRESENTATIVES BE LIABLE TO THE USER OR TO ANY THIRD PARTIES:
(1) For any indirect, random, unintentional damage, including lost benefits or lost data, harm of honor, dignity or business reputation caused by the use of the site, services or other materials to which the user or other persons gained access through the site , EVEN IF THE COMPANY HAS WARNED OR INDICATED THE POSSIBILITY OF SUCH HARM; And
(2) FOR THE ACTIONS OF OTHER USERS, FOR USER-POSTED CONTENT, FOR GOODS/SERVICES PROVIDED BY THIRD PARTIES OR OTHER USERS (EVEN IF ACCESSED THROUGH OUR SITE) TO WHICH A USER IS AVAILABLE; And
(3) in cases expressly provided for by the terms of this Agreement or the norm of the current legislation.
10.2. Our liability for anything related to the use of the Site and/or Services is limited to the extent permitted by applicable law.
11. DISPUTES RESOLUTION
11.1. In the event of any disputes or disagreements related to the execution of this Agreement, the User and the Company will make every effort to resolve them through negotiations between them. In the event that disputes are not resolved through negotiations, disputes are subject to resolution in the manner prescribed by the current legislation of Ukraine.
12. FINAL PROVISIONS
12.1. This Agreement comes into force from the moment it is published on the Site (via the following link: https://www.x-scalemodels.com/terms-conditions/) and is valid for an indefinite period.
12.2. We may revise, supplement or change the terms of this Agreement from time to time. Such changes are generally not retrospective. In the event of such a revision, addition or change, the Company undertakes to notify the Users 15 calendar days before the entry into force of such changes by publishing the relevant information directly on the Site itself.
If, after the changes or additions made to the text of the Agreement, the User continues to use the Site, this means that he is familiar with the changes or additions and accepted them in full without any objections.
12.3. Unless otherwise expressly stated in the provisions of this Agreement or directly follows from the norms of the current legislation, the substantive law of Ukraine shall apply to the terms of this Agreement.
12.4. If one or more terms of this Agreement become invalid or invalid under applicable law, the remaining terms of the Agreement do not lose their force and continue to operate as if the invalid or invalidated term did not exist at all.
12.5. Access to the Site and its Services is provided to the User “as is”, We do not promise, guarantee, imply that the Services and the Site may or may not suit your needs, goals, expectations, and therefore we do not guarantee any specific result or consequences resulting from your use of the Site and its Services.