STORES

ABOUT

CREATE STORE

Terms & Conditions

Uniqly Terms & Conditions

I. FOREWORD AND PREAMBLE

This document named as Terms And Conditions of the services providing by UNIQLY includes provisions governing the services and establishes legal frames for the services providing by the UNIQLY named as the “Provider” or “Company” at the further part of this terms and conditions. The general rules introduced by the power of this document establishes the rights and obligations of the Provider, Partners and the Users and governs the relationship between the Provider and the User. The terms and conditions applied to all services, worldwide until the Provider decided, at his own discretion, to change, amend or modify any of the provisions of this document.

UNIQLY deeply believes that the User(s) acts in the best faith, and any activity of the User involved with usage of the services provided by UNIQLY will not violate any rights of any person or company. As a professional and innovative Company, UNIQLY do everything to ensure that products and services provided by UNIQLY are not used to violate or disturb any rights of any business entity or a person. UNIQLY believes, that you act fair and your main goal is to freely create and express yourself through your creations and protect your intellectual property rights with the possibilities provided by NFT and blockchain technology. Hereinafter we grant you license for usage of our software and technology but we expect, that your activities involved with our technology will follow our rules.

II. DEFINITIONS

PROVIDER – UNIQLY Spółka z o. o. MARSZAŁKA JÓZEFA PIŁSUDSKIEGO 74/320, 50-020 WROCŁAW TAX IDENTIFICATION NUMBER (NIP) 8971888883 National Court Registry Number 0000885599.

USER – a person (physical or legal) using the services provided by Provider according to the provisions terms and conditions.

PARTNER – natural or legal person (legal entity) possessing the digital store on the website powered by UNIQLY. UNIQLY enables its partners to establish dedicated digital store on the internet platform powered by UNIQLY. Partners may sell digital products (NFT) by the store and Users may purchase such digital products. Please note, that UNIQLY as well as any of its subsidiaries.

PHYSICAL (NATURAL) PERSON – a person who is legally permitted to enter into contractual relationships and, typically the age of 18 years.

LEGAL PERSON – a legal entity established under the provisions of the law, legally permitted to act on his behalf on the market, especially to enter into contractual relations and the liabilities.

SERVICES – all services provided by the Provider to the Users under the provisions of this terms of service. The scope of services covers the website as well as all functionalities involved with the website.

WEBSITE – the internet domain, design and the source code of the website www.uniqly.io the unique internet address of the Provider, used by Provider to offer services to the Users.

APPLICABLE LAW – the law of the state (jurisdiction) which applies to the legal relationships between Provider and User.

NFT – Non Fungible Token. The technology based on blockchain, which allows the User to confirm your unique right to the physical thing the User may order.

ITEM – the physical thing like a t-shirt or a a hoodie, designed by the Partner and produced and transported to the User by the Provider or a Partner.

PAYMENTS – all transfers of assets, made with the fiat (fiduciary currencies) or with the cryptocurrencies, under the provisions of this terms of service. According to the provisions of these Terms and Conditions, all payments for the services offered by Provider can be made with cryptocurrencies and, If the provider add such feature, with fiduciary currencies.

THIRD PARTY RIGHTS – the rights belonging to the third party, like copyrights, trademarks, industrial design rights, trade dresses or any other intellectual property rights, protected by the law.

LIMITATIONS OF LIABILITY – the provisions that limits the liability of the Provider, especially applied to the situations of the violation of third party rights made by the User. Thus Provider does not accept any legal liability for the activities undertaken by the Users.

MINT – shall mean publishing an NFT as an unrepeated digital asset on blockchain on which it can be traded, bought and sold and its digital data is converted into a crypto collection. Minting an NFT by a specific User is a representative of buying an NFT by the user by assigning the User as the owner of the NFT.

PHYSICAL REDEEM – shall mean ordering the physical representative of an NFT. Only minted NFTs can be redeemed.

METAVERSE REDEEM – shall mean enabling the NFT to be accessible by a specific wallet in the chosen metaverse.

STORE – the digital store created by UNIQLY for the Partner enabling Users to purchase digital NFT token representing the specific design of t-shirt or hoodie.

Tier - mean kinds of stores offered by UNIQLY.IO:

  • Tier 1 (called Production by Seller) allows selling any kind of products. It is designated for the Partners that already have the physical items that they would like to sell as NFTs or would like to manufacture them themselves. Partner is fully responsible for the production and shipping of the redeemed physical items to the clients. Provider does not take any responsibility or store owner’s failure in manufacturing or delivery.
  • Tier 2 (called Production by Uniqly) allows selling customizable T-shirts and hoodies. Provider takes full responsibility for the production and shipping of the redeemed physical items to the clients.
  • Tier 3 (called Premium Store) includes all the configurations available in Tier1 and Tier2 stores, as well as designing 3D mockups of the products, adding scannable NFC pins to the physical products, option to redeem items to Decentraland and creating promotional materials. It is a service available on demand and is not possible to create via the Store Generator. Application for the Premium Store is available via e-mail ([email protected]).

III. SERVICES

1. User, according to the provisions of these terms of service is entitled to use and enjoy the services provided by the Provider through the Website.

2. User will accept all provisions of this terms and conditions and other regulations which applies to the User (e. g. Privacy Policy and other documents governing the terms of services provided by the Provider.

3. The Provider is an owner of all intellectual property and other rights, title and interest in and to its site and service (except for user-provided content). The usage of the site and service does not grant any express or implied right, title or interest to these properties, except as follows. .User is eligible to use the website and service in accordance with terms, rules, and guidelines found on its site and established by the Provider.

4. The Provider may revoke this license and limit the access to the site or particular services in accordance with the provisions of this terms of service.

5. The website as well as any services are provided “us such” and the User is not eligible to modify, change or amend any elements of the website or the source code displayed by the internet browser installed on the device belonging to the User.

6. The service provided by UNIQLY is powering and providing the internet digital platform enabling Partners of UNIQLY to sell their digital and physical product. UNIQLY is not, and shall not be, under any circumstances, the seller of digital NFT tokens representing physical items or physical items redeemed by the User. Please note, that UNIQLY provides the technology and its support, but the contractual relationship between the Seller and the Purchaser concluded by purchasing the digital NFT item on the platform shall not engage the Provider and Provider shall not be deemed as a party to the transaction made through the platform.

7. The Provider may extend the scope of the business activity of the Provider by adding the own store possessed by the Provider to the website and selling digital NFTs as well as physical goods through the digital store. If the Provider decides to introduce new products involved with launching the digital store on the internet platform powered by the Provider, all provisions of this terms of services applicable to the Partners possessing the store and contractual relationship between the User (Purchaser) and the Partner (Seller) shal apply respectively to the Provider.

IV. CHANGES OF THE TERMS AND CONDITIONS

1. These terms and conditions may be changed, amended or modified by the decision of the Provider at his own discretion. The Provider is constantly improving the service and extending the scope of services to meet the highest standards and provide the best services to the Users.

2. If the Provider decides to change these terms and conditions, the User will be informed via e-mail of the changes and asked to accept amendments introduced by new terms and conditions to continue using services provided by our Company.

3. If the User disagrees with amendments introduced to the terms and conditions the User is strictly obliged to immediately finish the using of our services (website, other services).

V. LIMITATION OF LIABILITY & INDEMNIFICATION

1. The User certifies and confirms that the User uses the website and services provided by the Provider at the own risk of the User.

2. The Provider provides its site and service without any express or implied warranties. Uniqly is not responsible for the actions, content, information, or data of third parties.

3. The User release the Provider as well as the directors, officers, employees, and agents of the Provider from any express or implied liability for any loss or and damages, known and unknown, arising out of or in any way connected with any loss or damage you may suffer in connection with any usage of the services provided by UNIQLY or any third party.

4. Thus the User fully confirms that the limitation of liability and indemnification granted above in points 1- 3 is irrevocable and the User cannot revoke the indemnification stated above.

VI. FORBIDDEN USE OF THE SERVICE

1. By accepting these terms and conditions, User accepts and acknowledges that some activities, especially activities listed below, will be considered illegal and prohibited according to the law, the terms and conditions and the policy of the Provider.

2. Forbidden use are as follows:

a) any interference with the website or services in general using the viruses, malware, or any other computer programs or technologies, designed to disrupt or damage any software or hardware, including any form of injection of source code through the website,

b) any use of a robots or any other software designed to automatically monitor activity on or copy information from the site or the service, except search engines, traffic counters or similar basic performance monitoring technology,

c) any impersonation for another person or entity,

d) any act of copying, modifying, creating derivative work from, reverse engineering, decompiling or disassembling any technology used to provide the site and service,

e) use any graphics, photos, meta tags, terms, keywords, or similar tags that contain the name of Provider or trademarks or third party trademarks nor third party copyrights,

f) engage in any activity that interferes with another user's ability to use or enjoy the site and service, including activity that places a disproportionate burden on the site and service compared to ordinary use from a single, ordinary user,

g) assist or encourage any third party in engaging in any activity prohibited by this terms of service,

h) use the site and service to promote hate speech, obscenity, or any content that violates customary standards or rights of any person (physical or legal) or group of people.

3. All listed above in points a) to g) forms of forbidden usage of the token and the services provided by Uniqly are strictly forbidden under the provisions of this terms & conditions.If Uniqly find the activity of the User as a forbidden practice listed in points a) – g), Uniqly will, at his own discretion, immediately ban (block) the User from the access of all services provided by Uniqly. Uniqly reserves the right to disallow user from access to services provided by Uniqly and perpetually deny the User account.

VII. VIRTUAL ITEMS, NFT TOKENS AND REDEEM PROCESS

1. Users are allowed to purchase virtual items (projects t-shirts, hoodies, etc.) in the stores belonging to the Partners of the Provider.

2. If you purchase the digital product, the product is available as an NFT token.

3. Please note, that The Provider is responsible only for providing appropriate technology enabling Partners to offer the NFTs via a dedicated store created on the UNIQLY website. The User purchases the NFT directly from the Partner possessing the Store, The NFTs available to purchase in digital stores ares designed and created by the Partners possessing the stores.

4. If You want to transfer your NFT into real life, You can order a physical thing (hoodie, t-shirt) prepared for you on the basis of your digital NFT purchased in store.

5. Please note that there are two categories of stores on our platform. The category of store (TIER 1 or TIER 2) determines the scope of cooperation between the possessor of the store and the Provider.

6. If you purchase products from the store categorized as TIER 1 store, the Provider shall not be, under any circumstances, liable for the quality of the products provided by the Partner possessing the store.

7. If you purchase products from the store categorized as TIER 1 store, the Partner possessing the store is fully liable for the quality of providing physical products.The products are manufactured by the TIER 1 store possessor or its subsidiaries and the Provider does not control the production process and cannot be responsible for the effects of the production process.

8. If you purchase products from the store categorized as TIER 2 store, the process of manufacturing of the physical products is managed by the Provider but the Provider shall be free from any express or implied liability for the effects of the manufacturing process due to the limitations involved with producing the customized goods on personalized demand of the customer purchasing the product. Please note, that the Provider is not, and shall not be deemed, as a Seller of any digital NFTs as well as any redeemed physical products. The products ordered by the User are sold by the Partner operating the digital store.

9. Please note that the Provider shall not be, under any circumstances, liable for any statements, declarations or representations as well as for the quality of physical products and the design of NFTs provided by the TIER 1 store or the person(s) acting on behalf of the store or for the benefit of the store.

10. User fully accepts, understands and acknowledges that the Provider provides only technology enabling the Partner to create and manage the digital store and the Provider is free from any possible liability for any loss or damage eventually made by the Partner to the User.

11. If you order a physical product, we provide you an NFC pin which joins the product with our database. The link included into the NFC pin allows you to check the history of your item.NFC code records all changes involved with your item from the creation of the item for all time.

VIII. PRICES & PAYMENTS

1. The services provided by UNIQLY are paid.

2. All prices displayed on the website are final prices and the prices can change from time to time.

3. Prices presented on the website does not include additional costs involved with handling the transaction by the external payment intermediary provider (in case of payment via payment gateway with the usage of fiduciary currency, credit card or bank transfer) the commision of the provider will be added to the price, standard level of commision is 3%. The price shall be rounded up to the closest 10.

4. Payments for the products offered through the website by Partners shall be made in cryptocurrencies displayed on the website or via cryptocurrency payment gateway with fiduciary money if the Provider introduces the payments in fiduciary currencies, with fiduciary currencies.

5. The products offered by the Partners are paid in accordance with the prices set out by the Partners on the stores.

6. The prices of physical products may not contain the cost of shipping and redeem of the NFT to the physical product.

7. The payments in cryptocurrencies can be made with the usage of following blockchains: ETH (ethereum), POLYGON and BINANCE (BNB). The Partner possessing the store may add their own native utility payment token and accept the payments made with the token.

IX. DISCLAIMERS

1. The Provider provides the site and service on an "as is" and "as available" basis. The Provider does not represent or warrant that the site and service or its use:

a) will be uninterrupted, timely, safe, or secure,

b) will be free of inaccuracies, errors, or vulnerabilities,

c) will meet your expectations or requirements, or

d) will operate in the configuration or with the hardware or software you use. The Provider hereby disclaims any and all express or implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement to the fullest extent of the law, except to the extent that this agreement provides otherwise.

2. The User agrees that the Provider has limited and excluded the responsibility of the Provider for any damages suffered by the User in connection with the site and service, and that use of the site and service, including all content, data or software distributed by, downloaded, or accessed from or through the site and service, is at your sole risk. You understand and agree that the User will be solely responsible for any damage to the User, business belonging to the User or the computer system belonging to the User or any loss of data that results from the User actions and usage of the site and service.

3. The Provider does not control or endorse in any respect any information, products, or services offered by third parties through the site and service and shall not be, under any circumstances responsible or liable for any possible representations and warranties these third parties may make.

X. DATA PROTECTION

1. Provider may collect and use information and data provided by the User in accordance with its privacy policy.

2. The general and basic purpose of collecting and processing digital data and information.

3. Provider introduces appropriate procedures, methods and techniques designed to protect the digital data and information provided by the User.

4. Although the Provider acts with proper care and due diligence required by law, the Provider cannot be liable for any technical issues or any other consequences of any possible digital hacking attacks targeted against the website as well as the Users of the website.

5. The User fully accepts and acknowledges that the User is solely responsible for the proper securing of the information and data belonging to the User, keeping the sensitive information belonging to the User confidential.

6. The User fully accepts and acknowledges that the User is solely responsible for introducing proper rules of protection of the device belonging to the User as well as any data stored on the device.

7. The User fully accepts and acknowledges that the User is fully liable for all consequences of the password disclosure made by the User to any third party.

XI. TERMINATION OF ACCESS

The Provider may refuse to provide its site and service to the User (terminate the access to the services), in full or in part, effective immediately and without notice, for any reason or no reason, but especially if the Provider believes that the User (or any other natural or legal person whom the Provider believes that the User act in concert with) have violated or will violate any laws, rights, or term (or the spirit of any term) of thus document or if the Provider believes in its sole discretion that the usage of the site and service by the User may create any risk (including any legal risk) for the Provider or another Users. Limitation of access may include removal or modification of content that the User have uploaded or otherwise sent to or through the site and service.

XII. FORCE MAJEURE

In case of any cause outside reasonable control of any of the parties, including acts of god, riot, war, malicious acts of damage, fires, electricity supply failure and Government authority, neither party is liable for delay in meeting its obligations arising out of these terms of service.

XIII. SEVERABILITY

If any of the provisions aforementioned in these Terms of Service is found to be invalid and/or unenforceable under any applicable law, it shall not render these Terms unenforceable and/or invalid as a whole, and such provisions shall be deleted without any effect on remaining provisions whatsoever.

XIV. SURVIVAL

If any of the provisions aforementioned in these Terms of Service are to be found void, invalid, unenforceable or illegal by a court of law, validity and enforceability of other provisions shall not be affected in any way. If any provisions are to be declared unenforceable, you agree to an amendment made by the Provider to provide for the enforcement of those provisions to the fullest extent permitted by applicable law.

XV. ENTIRE AGREEMENT

These Terms of Service together with the other legal documents published on the website such as policies or any notices and disclaimers issued on this Website, constitute an entire agreement between the User and the Provider governing all relations involved with usage of the website and the services provided by the website.

Store Generator Terms of Service

PREAMBLE & FOREWORD

By the power of this Terms and Conditions of Service, Provider defines the rules of cooperation between Partner and Provider, essential terms and conditions of the cooperation, scope of services of Provider, methods of payments, duration of cooperation and any and all matters essential for the Parties involved with cooperation of Parties under the power of this Terms of Service hereby.

I. DEFINITIONS

In this TERMS AND CONDITIONS OF SERVICE the following definitions apply:

Assets - all graphics provided by Partner in the Store Generator, being graphic elements of the store like avatar, banner or background.

NFT - shall mean Non Fungible Token - digital token confirming uniqueness of the graphic or any other digital file attached and signed by the NFT token.

Smart contract - program or protocol stored on blockchain that runs automatically when specific predetermined conditions are met.

Mint - shall mean publishing an NFT as an unrepeated digital asset on blockchain on which it can be traded, bought and sold and its digital data is converted into a crypto collection. Minting an NFT by a specific User is a representative of buying an NFT by the user by assigning the User as the owner of the NFT.

Physical redeem (redeem) - shall mean ordering the physical representative of an NFT. Only minted NFTs can be redeemed.

Metaverse redeem - shall mean enabling the NFT to be accessible by a specific wallet in the chosen metaverse. This option is available for Tier3 Stores only.

Order form (Store Generator) - the digital form the Partner may fill with details of the store the Partner is willing to create on UNIQLY.IO platform.

Partner - partner of UNIQLY and eligible to create the digital store and purchase digital services provided by UNIQLY under the power of this Terms & Conditions of Services. Partner shall mean any legal entity e.g. companies, corporations, partnerships, foundations or any entity not meant above but created as business entity under any law of any jurisdiction or any natural person with the residence (domicile) in any jurisdiction purchasing UNIQLY.IO services and accepting this Terms & Conditions of Service.

Payment token - digital payment token acceptable as a means of payment by Provider. Provider accepts digital payment tokens as a form of payment for services provided by Provider and for products offered by the Partner in a digital store powered by Provider.

Provider - shall mean UNIQLY SPÓŁKA Z O. O. (Limited Liability Company) registered in Polish National Court Register under the number: 0000885599 with the registered address: Józefa Piłsudskiego 74 / 320, 50-020 Wrocław, Polska (Poland).

User - client eligible to mint and redeem the products available in the Stores.

Services - shall mean any and all services involved with creation and maintenance of the store, digital graphics and models of items.

Store - shall mean digital store provided by UNIQLY.IO in accordance with provisions of these Terms & Conditions, enabling the Partner to sell his collection of NFT. The digital store will be a separate site created on the uniqly.io domain.

Tier - mean kinds of stores offered by Provider:

  • Tier 1 (called Production by Seller) allows selling any kind of products. It is designated for the Partners that already have the physical items that they would like to sell as NFTs or would like to manufacture them themselves. Partner is fully responsible for the production and shipping of the redeemed physical items to the clients. Provider does not take any responsibility or store owner’s failure in manufacturing or delivery.
  • Tier 2 (called Production by Uniqly) allows selling customizable T-shirts and hoodies. Provider takes full responsibility for the production and shipping of the redeemed physical items to the clients.
  • Tier 3 (called Premium Store) includes all the configurations available in Tier1 and Tier2 stores, as well as designing 3D mockups of the products, adding scannable NFC pins to the physical products, option to redeem items to Decentraland and creating promotional materials. It is a service available on demand and is not possible to create via the Store Generator. Application for the Premium Store is available via e-mail ([email protected]).

II. CONCLUSION OF THE AGREEMENT AND THE ENTIRE AGREEMENT

1. The digital store on UNIQLY.IO platform may be created by Partners.

2. By completing the Store via Store Generator Partner accepts this Terms and Conditions of Service and agrees to all provisions of this Terms and Conditions of Service.

3. Terms and Conditions as well as any and all Terms & Conditions and Policies conclude the entire agreement between Partner and Provider regarding the Store Generator.

4. In the Store Generator Partner will specify details of the order, including number of digital 3D visualisations (this option is available in TIER2 only), design and technological aspects of creating a store for the Partner.

III. SUBJECT OF THE COOPERATION

1. Provider obligates itself to provide and maintain a digital store for NFT collection designed by Partner on the basis of projects and materials prepared by Partner in exchange for payment of price for the services provided by Provider.

2. The scope of services of Provider includes:

  1. Creating digital store for NFT collection on the basis of the Store Generator submitted by the Partner.
  2. Preparing a defined number of different products of NFTs for the Partner - please note that this option is available in TIER2 store only, if the Partner chooses to launch the TIER1 store, the Partner is responsible for preparing the products.
  3. Preparing a defined number of digital 3d visualisations of NFT for the Partner (visual reference of NFTs) by allowing the Partner to use the digital visualisation generator created and designed by Provider - this option is available in TIER2 stores only.
  4. Shipping products is handled by the Provider, if the store is classified as a TIER2 store.
  5. Producing the physical products on the basis of graphics and designs provided by Partner is handled by Provider, if the store is classified as TIER2.
  6. Provider does not offer any form of financial intermediation, financial or asset management, cryptocurrency custodial wallet services or any other service involved with finance. Blockchain solutions adopted by Provider ensure the total technical separation between cryptocurrencies earned by Provider on the basis of commission fee and the money earned by the Partner.

IV. PRICES, TERMS OF PAYMENTS AND INVOICES

1. Partner is eligible to add up to 3 products to the store.

2. Partner cryptocurrency wallet address for commission transfers will be specified in the Part “SMART CONTRACTS” of the Store Generator.

3. Provider is entitled to receive a percentage fee, established between the parties, from all operations of minting and redeeming NFTs of each item accessible on the Partner store.

4. Any possible revenues generated by the store will be divided between Provider and Partner on the basis of the technological solution based on blockchain technology. Smart contract powered by Provider will divide any payments between Provider and Partner.

5. Provider confirms and certifies that the blockchain smart contract upon which the transfers are made, ensures that Provider does not control, collect, manage or transfer any funds expressed in the form of virtual currencies units belonging to the Partner or any other third party in TIER1 and TIER2 Stores.

6. Price for the service of creation and maintenance of the store is one-time payment. After the store is published, it is possible to extend its duration with another one-time payment.

7. Payment for the store shall be made from the Store Generator level, in the Payments tab after the Partner completes all information required by the Provider.

8. Payment for the store shall be made with virtual currency units on the Ethereum, Polygon and BSC Blockchain networks with the following digital currencies: ETH, UNIQ, USDC for Ethereum blockchain, MATIC, UNIQ, WETH on Polygon blockchain and BNB on BSC blockchain or with FIAT through the cryptocurrency payment gateway provided by third party.

9. If the Partner decides to pay for the store with FIAT currency, the costs of payment processing shall be added to the final price of the store as a transaction fee for the third party. The transaction fee for FIAT payments is 3% rounded up to the nearest dollar.

10. If the Partner chooses to pay for the store with a digital utility token issued by the Provider (UNIQ token) the price shall be lowered by 50%. The discount is granted to intend Partners to choose UNIQ token as means of payment in the transaction of purchasing the Store.

11. Unless the price is unpaid, the Provider is not obliged to start any works including designing graphics, 3D visualisations or any programming works necessary to launch the store as well as delay the publication of the store until the all price will be transferred successfully to the Provider.

12. The price specified above covers the cost of Provider services associated with the store creation and maintenance on the platform and does not include any further services involved with mint and redeem processes. The scope of services regarding TIER1 and TIER2 is specified in this document.

13. Provider will prepare the store for the Partner where Users can buy NFTs. Price for buying (minting) one NFT shall be specified by the Partner in Store Generator in tab “Products”. The Partner is eligible to define and establish the price for each product, but the price proposed by the Partner cannot be lower than the minimum price set out by the Provider in TIER2 stores. The price may be changed by the Provider, when the Provider finds out that the price set out by the Partner does not cover costs necessary to manufacture the final product due to complicated design of product proposed by the Partner.

14. The Partner acknowledges that the price paid by the User for the items purchased during the usage of the store will cover the NFT costs, together with the buyer's commission and the cost of production of the physical item. The Partner is eligible to set the price of each item and this price should be specified as the mint price of the item. The Partner should carefully calculate all costs involved with production of the physical item to ensure that the price presented as minting price covers all costs of production.

15. Partner will not cover the cost of the packaging and shipping of the package to the country of destination chosen by the User. The costs meant above shall be paid by the User during the redeem process.

16. Users fully acknowledge that shipping costs vary from country to country and can change over time according to fuel rates and subcontractors' operating costs.

17. In TIER1 stores, Partner sets the shipping price of each product which may be valued from 0 to 45USD, receives the Users' payments for shipping and is responsible to ship the items to the Users. Provider is eligible for additional transaction fees associated with processing the shipping payments.

18. In TIER2 stores Provider sets and receives the Users' payments for shipping and is responsible for shipping the items to the Users.

19. Before the Partner handles the payment for the store, Partner is obliged to provide Provider with all information required to successfully issue the invoice to the Partner the exact data necessary to issue the invoice shall be specified in the Store Generator.

20. If the Partner is the natural person or any form of legal entity with the residential address (natural persons) or business address (any and all business entities including companies, partnerships and entrepreneurs acting as sole entrepreneur) on the territory of one of member states of European Union, the Store price, mint price and redeem price shall be increased by the proper amount of Value Added Tax (VAT) with regard to the applicable rules of taxation of Value Added Tax in European Union.

21. All prices for services offered by Provider presented to the potential Partner on the website of Provider are net prices. If the transaction between Provider and the Partner is a taxable transaction under the regulations of Value Added Tax (VAT), the final price of the service will be increased by the amount of Value Added Tax applicable to the transaction.

22. Partner may request to modify or upgrade the store at any time. Changes involving extending the offer, extending the number of products above the limit presented in the Store Generator will be accepted individually and paid separately by the Partner.

23. Partner accepts and acknowledges that the mint of all NFT tokens offered in the digital store is handled on the Polygon blockchain network.

24. Partner will choose blockchain networks for the payments for items offered through the store and tokens accepted as form of payment.

25. Payment for mint and redeem may occur on the POLYGON, ETHEREUM and BSC blockchain network. Provider will accept payments in: WETH, MATIC, UNIQ for POLYGON, ETH, UNIQ, USDC for ETHEREUM, BNB for BSC. Partner accepts and acknowledges that the mint and redeem of all NFT tokens offered in the digital store is handled on POLYGON blockchain network.

26. Provider enables Users to pay with FIAT currencies.

27. Payment for redeem covers costs of shipment and the box (premium or standard, upon the decision of the User) for the physical product. Premium boxes are available only in TIER2 Stores.

28. Provider is eligible to charge additional fees for redeem operation. The regular fee for the redeem is 5% but the percentage of fee may change in the future.

V. REDEMPTION

1. The Buyer shall read, understand and accept the Uniqly Terms of Service, Privacy Policy and Store Generator Terms of Service, as well as provide the contact and delivery information on the Redeem Form in order to redeem an NFT.

2. When the User redeems the NFT in TIER1 stores, Partner will have the Item delivered to the User within the Shipment Time set for each product in the Store Generator (tab “Products” → “Shipment” → “Shipment time”) by the Partner.

3. When the User redeems the NFT in TIER2 stores, Provider will have the item delivered to the User from 10 to 45 days from the redemption date.

4. The items can be redeemed by the Users only on the dates specified by the Partner in the Store Generator (tab: “Products” → “Redeem” → “Redeem time limit”). The maximum redeem time limit cannot exceed the store duration.

5. If the Partner is unable to deliver the redeemed item to the User, the Partner will inform the User immediately. The Partner can only misdeliver the Item if it is out of stock, there was an error in the price or description of the Item, or the Partner is not able to ship the item to the User’s country.

VI. RETURNS

1. Returns are accepted by the Seller subject to the below conditions.

2. In order to claim a return, the User must comply with the following:

  1. The User must contact the Partner/Provider about the will to return or exchange the item within the return period set in accordance with the principles regulated by Polish provisions contained in the Act of the Provision of Electronic Services via the contact method ([email protected] or Partner e-mail address available on the minted/redeemed Product page).
  2. The Item must be in the original condition, packed in the original packaging and unused. If the Item is not returned as described, the return or exchange will not be accepted.
  3. In order to complete a return, the User must deliver the proof to the Partner/Provider. It can be the e-mail confirmation of the redeem.
  4. Returns are not applicable to digital items, custom-made products, or items that cannot be reused for hygiene reasons.
  5. In order to return the item, it should be sent by the User to the address specified by Partner/Provider.
  6. The User is responsible to pay all the costs associated with returning the Item.

3. The User is aware that any fees related to customs, duties and taxes on the delivery of the items are not covered by Partner/Provider and cannot demand Partner/Provider to cover these costs.

4. As a result of non-payment of fees related to customs, duties and taxes by the User, the User is not entitled to claim a refund for the purchased goods.

VII. COPYRIGHTS AND INTELLECTUAL PROPERTY

1. Copyrights of the Provider and no licence rule:

  • The Partner confirms, certifies, accepts and fully acknowledges that this agreement does not grant, assign, transfer or establish any copyrights to the Partner or to any other entity.
  • The Provider allows the use of the logo for marketing purposes, after prior approval of its location and exposure.
  • The Provider allows the use of the logo for marketing purposes, after prior approval of its location and exposure.
  • Partner confirms, certifies, accepts and fully acknowledges that the definition of copyrights under the power of this agreement covers any and all copyrights arising from the cooperation of the Parties including, but not limited to copyrights to any source code of computer programmes, computer programmes itself as a whole or any parts of computer programmes, databases, graphics, animations or any other visualisation presented in any form, especially by presentation on the websites in the form of pictures or parts of XML / HTML code or by any other technical method enabling browser to display graphics on the screen of the end user.
  • Unless otherwise resolved, all copyrights belong to the Provider and the Partner is not, under any circumstances authorised, appointed, entitled or eligible to participate in any profits, incomes, revenues or any other earnings generated by the copyrights meant above.
  • Partner confirms, certifies, accepts and fully acknowledges that any transfer of any copyrights shall be made in a separate written agreement concluded between Parties and covering details and essential elements of any future transfer of copyrights.

2. Copyrights of the Partner:

  • Partner fully confirms and states that the Partner owns copyrights to the graphics and designs submitted to the Provider. This condition does not apply to the implementation of TIER3 stores.
  • Partner fully accepts and acknowledges that the Partner is solely liable for any loss or damage caused by any possible infringement of any copyrights belonging to a third party.
  • Provider is not obliged to check whether or not the designs provided by the Partner infringes any copyrights of any person.

VIII. DURATION OF THE COOPERATION BETWEEN PARTIES

1. The cooperation between the Provider and Partner lasts for the time on which the store is paid.

2. The cooperation between Partner and Provider regarding store services shall expire on the date by which it was paid by deactivating the Store and blocking the possibility of further purchases on the Store by the Users.

3. Partner can resume the store service by paying the fee for the next period of his choice in the Store Generator.

4. If the Partner fails to pay the price for the store, in accordance with the provisions above, the contract between the Provider and the Partner shall automatically expire and the cooperation of the Provider and Partner shall be terminated automatically.

5. Each Party of this contract is entitled to terminate the contractual relationship established under the power of this Terms & Conditions of Service with a one month period of termination.

6. Any termination shall be made by email [email protected].

IX. DISPUTE RESOLUTION

1. The User/Partner has the right to raise a complaint and withdraw from the contract in accordance with the principles governed by Polish provisions contained in the following acts: the Civil Code, Consumer Rights Act, Provision of Electronic Services Act and Competition and Consumer Protection Act.

2. If the Offer is not fulfilled in accordance with the Store Generator Terms of Service and the Uniqly Terms of Service, the User and Partner can raise a complaint within 1 year from redeeming the item (applicable to Users) and 1 year from the Store Start date (applicable for the Partners).

3. The User/Partner has the right to start a dispute between the parties to the concluded contract on the basis of a legitimate reason.

4. The scope of responsibility for the activities performed is described in the following document in accordance with the selected Store Tiers.

5. As a result of failure to meet the Store Generator Terms and Conditions or doubts regarding their performance, the User should report the dispute to the appropriate party and demand its resolution.

6. Partner/Provider must consider the complaint within 14 days from the date of raising a complaint by the User. The new item must be handed over to the user within 30 days from the date when the complaint is considered (deadlines may be extended due to reasons beyond the control of Partner/Provider).

7. If the complaint applies to the Store, the Partner can raise a complaint to Provider by e-mail ([email protected]).

8. If the complaint applies to the mint operations in TIER1 stores and mint and redeem operations in TIER2 stores, the User can raise a complaint to Provider by e-mail ([email protected]).

9. If the complaint applies to the redeem operation in TIER1 stores, the User can raise a complaint to the Partner by e-mail (e-mail is listed on each minted or redeemed item site).

10. The User, Partner and Provider shall attempt to resolve the Dispute mutually by communicating via the applicable contact method. Once an agreement is reached, User, Partner or Provider signs the Dispute off with a message indicating the agreed-upon solution.

11. The Partner/Provider is not obliged to accept the returns of the items, unless it is due to a complaint or a dispute.

X. LIMITATIONS OF LIABILITY

1. Parties agree that nothing in this Terms and Conditions of Service or in the agreement concluded between Provider and Partner under the power of this Terms and Conditions of Service construes any express or implied liability of the Provider.

2. The Provider is not liable for any possible taxes involved with any business or personal activity of the Partner and any possible earnings arising out of this activity.

3. Partner fully accepts, certifies and acknowledges that the Partner is solely liable for all taxes and other legal obligations in accordance with the laws of jurisdiction of Partner.

4. By the power of this Terms and Conditions of Service Partner irrevocably releases Provider as well as the Directors, agents, employees or any other representatives of Provider from any express or implied liability for any loss, damage including loss of any future benefits and unearned revenues or any profits. The release of liability covers all possible situations involved with the activity of Provider including discontinuation of Provider's business activity at any reason, interruption of performance of the website, any digital risks involved with the website and security of data holding by Provider, and regardless of the cause of the situations listed above.

5. By the power of this Terms & Conditions Partner fully accepts his unlimited liability for any possible infringement of any intellectual property rights or any copyrights of any third party. Thus Provider shall be free from any express or implied liability for any possible loss or any other form of legal responsibility including but not limited to damages, compensations and other penalties which may be imposed by court of law or any other institution authorised to control the usage and execute fees or penalties for infringement of any intellectual property rights or copyrights belonging to any person, legal or natural.

6. By the power of this Terms & Conditions Partner fully accepts his unlimited liability for any taxes, duties and customs arising out of or in any manner involved with their business activity handled by the digital store provided by Provider.

7. By the power of this Terms & Conditions Partner fully accepts his unlimited liability arising out of business relationship between Partner and third party purchasing product in the store. The liability covers any and all subjects involved with taxation as well as transportation (shipment) of goods purchased by Users in store belonging to the Partner.

8. Thus Partner certifies that the Partner is fully aware of any and all possible consequences of trading of digital goods like NFTs and providing physical goods.

9. Provider shall be free from any express or implied legal liability for any taxes, duties or customs arising out of or in any manner involved with business activity of the Partner.

10. Partner has sufficient Intellectual Property Rights over the submitted designs and is fully liable for the quality of provided images - the minimum resolution of each picture (design) is 300 DPI. Provider accepts files in formats: SVG, JPG, JPEG, PNG.

XI. THE USERS’ RIGHTS

1. Users and Partners residing in the EU and other territories are entitled to appropriate legal provisions regarding the processing and usage of personal data.

2. The User, in accordance with the provisions of law, has the right to:

  1. Receive a copy of their personal data that has been provided for the purposes of Provider services.
  2. Change, delete and limit the use of personal data by the Partner/Provider.
  3. File a complaint regarding the processing and use of personal data.

3. Provider, respecting the personal data of Users and Partners, complies with all the principles adopted in a separate Privacy Policy document.

XII. ADDITIONAL SERVICES

1. Partner may order additional services like adding payment custom token issued by the Partner for the store to be used as digital means of payment enabling users to purchase goods offered by the store or increasing the number of available items at his store.

2. Additional services are not included in the price presented on the Provider website.

3. If Partner wants to extend the scope of cooperation with Provider by ordering a custom token, the price of this service will be added automatically to the price presented on the website.

4. Parties collectively agree that the agreement between Parties meant above may be concluded by email [email protected] correspondence between the Parties containing request of Partner to introduce additional services and the confirmation & acceptance of conditions of additional cooperation by both Parties.

XIII. AMENDMENTS TO THIS TERMS AND CONDITIONS OF SERVICE

1. These Terms and Conditions of Service may be amended from time to time.

2. Provider reserves for himself unlimited right to amend, supplement, correct or change this Terms and Conditions of Service any time at his own independent discretion.

3. Any amendments to this Terms and Conditions of Service will be published on the UNIQLY.IO website.

XIV. APPLICABLE LAW & JURISDICTION

1. Parties to this agreement mutually agree that this contract concluded under the power of this Terms and Conditions as well as all obligations arising out of the contract shall be governed by the law of the Republic of Poland.

2. Any disputes between parties of this agreement concluded under the power of this Terms and Conditions, concerning or arising from the performance, execution or interpretation of this agreement or involved with this agreement in any manner, shall be settled and resolved by the competent court of law in accordance with the seat of the Provider.

CONTACT
[email protected][email protected]
MENU

© 2022 uniqly.io. All Rights Reserved