Terms of use

PixelEmu has updated its Terms of use effective September 15, 2020. We have fixed the language errors and replaced Paylane with Stripe as the current payment method.

Terms of Use of online store pixelemu.com
Online store www.pixelemu.com, operating on www.pixelemu.com website is managed by INDICO S.C., Wałowa 10/3, 84-200 Wejherowo, registered in Centralna Ewidencja i Informacja o Działalności Gospodarczej, NIP/VATID: PL5882424318

Contact us:

• INDICO S.C., ul. Wałowa 10/3, 84-200 Wejherowo
• Contact form: http://www.pixelemu.com/contact
• e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
• phone number: +48 58 778-21-30

I. DEFINITIONS

• Store – online store operating at www.pixelemu.com
• Product – Theme or extension offered by our Store as a digital content.
• Theme - collection of at least two files consisting primarily of a main PHP script and a cascading style sheet (CSS).
• Extension - software package that extends your WordPress installation in some way.
• Digital content – data which are produced and supplied in digital form.
• Subscription – the period over which you are offered with free technical support and updates of our products.
• Registration – the action carried out by the customer, to set up a Customer Account, registration is carried out by filling out the registration form.
• Registration form – online form you need to fill in during the registration process.
• Customer –natural person with full capacity to enter into legal transactions, legal entity or organizational unit with no legal personality, which can on its own behalf acquire rights and enter into obligations, which are purchasing products in the Store.
• Consumer - any natural person who is acting for purposes which are outside his or her trade, business, craft or profession.
• Customer account – part of the store in which You can view and change your personal details, view and change orders, and by which it is possible to view the status of orders.
• Provision of electronic services - the execution of a service without the simultaneous presence of the parties (at a distance), through the transmission of data on individual request of a recipient, sent and received by means of electronic equipment for the processing, including digital compression, and storage of data which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of 16 July 2004. - the Telecommunications Law.
• Civil Code - Polish Civil Code, the Act of 23 April 1964 (Dz. U. z 2014 r. poz.121 z zm.);
• The Act on the provision of services by electronic means - the Act of 18 July 2002 on the provision of services by electronic means (Dz.U.2013.1422 j.t.)
• The Act on the consumer rights - the Act of May 30, 2014, on the rights of the consumer (Dz.U.2013.1422 j.t.)

II. GENERAL PROVISIONS

1. These Terms of Use define the rules of your use of our website and electronic services consisting in providing by the online store pixelemu.com products as digital content and services to customers of the Store, and in particular sets out the rules for the submission, execution and cancellation of orders, payment rules, complaint procedures and procedures for withdrawal from a contract.
2. The Store sells products and services via the Internet through the website http://www.pixelemu.com
3. To use the Store’s services, browse the website and make online purchases in the Store, it is necessary to be equipped with a device with a web browser, with access to the Internet with a minimum bandwidth of 1024KB / s. Furthermore the individual requirements of each of our products can be found in the product description at our website and in the online help at http://www.pixelemu.com/contact  Help and support are also available through the contact form, e-mail indicated at the preamble of this Terms of Use.
4. WordPress software and proper server configuration is required for proper use of our products. Installation and server configuration manuals are available on the WordPress website at https://wordpress.org/about/requirements/
5. The use of our products requires basic knowledge and skills about WordPress software. All the information about WordPress including installation, customization and administration are available at https://wordpress.org and we do not offer free support in that matter.
6. Unless otherwise stated in the product description and it is not explicitly stated in the description, all the themes and extensions are prepared for the latest version of WordPress software. We do not guarantee that the theme or the extension will be compatible with older versions of the WordPress software. To download the latest version and find any information please visit WordPress software website https://wordpress.org.
7. It is forbidden to submit by the Customer any illegal content, particularly content that violates applicable law, the rights of third parties, and are contrary to the principles of community life.
8. We reserve the right to technical updates of the portal and carrying out maintenance work which may result in temporary lack of access and possibility to use of the portal.

III. LIMITATION OF LIABILITY

1. The Store shall not be liable for any damages incurred by the Customer, which are the result of non-performance or misperformance of the provided Services and Products, if it is caused by:
   
   1. Failure of the Customer’s technical infrastructure
   2. Illegal or unauthorized use of Store’s Services
   3. Due to force majeure
   4. Actions or omissions of the body of public authority
   5. Delays, errors or defects in operation of telecommunication, energy, radio networks or other independent service providers
   6. Illegal or unauthorized acts of third parties
2. The Store shall not be liable for damages incurred by the lack of adjustment to the technical requirements referred to in chapter II. GENERAL PROVISIONS.
3. The Store shall not be liable for disclose by the Customer login information to the third parties.

IV. REGISTRATION

1. Registration of Customer’s account is required for the use of the Store’s services and purchase of the products. Registration is not required for browsing the Store’s website.
2. Registration is free-of-charge.
3. To Begin the registration process you shall click „ SIGN UP” button on the Store’s website, which will transfer you to registration form.
4. An active e-mail account is required to register.
5. During the registration process you’ll be asked to fill out the registration form with the following information: e-mail address, login, user’s name, password, name or company’s name, last name, address, tax identification no.
   5.1 Fields marked with a „*” sign are filled out voluntarily but are obligatorily for correct usage of the services.
6. After filling out the registration form you’ll be asked to voluntarily check proper checkbox, which is equal to:
   6.1 Acceptance of the terms of use.
   6.2 Agreement to receive e-mails that include a newsletter with commercial and business information.
7. Registration of user’s account is equal with user’s declaration of:
   7.1 Acceptance of these Terms of use.
   7.2 Having the capacity to enter into legal transactions.
   7.3 Being authorised to dispose of an e-mail account stated during the registration.
8. User’s account is created by clicking on the „REGISTER” button.
9. After successful registration, you will receive an e-mail that contains detailed information of the account including your username and password. Upon receipt of the above e-mail you shall confirm the registration of the account by clicking on the link indicated in the message. This action is intended to verify the authenticity of the data provided in the registration form.
10. You may at any time delete the Customer’s Account. In order to delete the account, you must submit a request, which for the purposes of verification of identity should be sent from the e-mail account specified during registration. If there is no possibility to use your e-mail address you provided during the registration We reserve the right to request confirmation of the identity of the customer.
11. If action taken by the customer can be considered illegal, in particular those that violate applicable law, these Terms of Use, the rights of the third parties and are inconsistent with the principles of social coexistence we reserve the right to block or delete the customer’s account. About the above fact we will inform you by sending an e-mail to the address provided in the registration form.
12. You are obliged to disclose to third parties your username and password. In the event of circumstances indicating a suspicion that your Password may be in the possession of an unauthorized third party, you shall immediately notify us about this fact.

V. PURCHASE PROCEDURE

1. Orders shall be placed using the http://pixelemu.com/ website.
2. To place an order you shall login to your user’s account, after completing the registration process described in the chapter: “REGISTRATION”
3. You can login to your user account using the “LOGIN” button and filling your username and password.
4. The order process begins with selecting the right product from a catalog of products available on our website by clicking “BUY NOW” button. After selecting the product you will be redirected to the page with product information. Product information is an invitation to conclude a contract within the meaning of Art. 71 of the Polish Civil Code.
5. Prices are quoted in US dollars and does not include the VAT.
6. The VAT applicable in your country (European Union) of residence will be added to the price.
7. After choosing the right product you will be redirected to a site where you will be asked to confirm your selection of product by clicking on the “CONTINUE” button and you will be directed to a site with a summary of the order.
8. You confirm your order by clicking the "CHECKOUT" button and it is equivalent making to the Store an offer of conclusion of the contract of purchase (sale) of the ordered product (digital content) and is associated with the obligation to pay for the selected product.
9. After approval of the contract you will receive an e-mail with order details: order number, order date, order status, Store data, customer data, the quantity and the name of the purchased products, the price of each of the products, total order price. Receipt of this message is equal to acceptance by the shop of the offer referred to in the previous paragraph.
10. Upon receipt of the payment by the Store, to your email address provided at registration, a notice will be sent immediatelly after payment confirmation, containing instructions on how to download purchased products. The product will be available in the file format indicated in the product tab. Start of downloading the file (product) is equivalent to the start of the fulfilment of the provision referred to in article 38, paragraph 13 of the Act on the rights of the consumer, which is synonymous with the loss of the right to withdraw from the contract at the start of the downloading file (product).
11. Any information regarding downloading and installation of the purchased products can be found at http://www.pixelemu.com/contact
12. The invoice will be available after payment in the user control panel.

VI. TECHNICAL SUPPORT

1. Registered users with a current subscription who seek assistance are offered free of charge technical support technical support, which covers:
   
   • fixing reported bugs of themes and extensions. Bug need to be reported along with instructions on how to recreate it.
   • instructions and assistance in use and configuration of themes and extensions
   • fixing issues related with updating themes and extensions
2. The free of charge technical support does not cover: 
   • customization which requires modify of themes and extensions code
   • adding new features or modifying existing ones
   • integration with 3rd party themes or extensions
3. Please be aware that if code of theme or extension has been modified it's most likely that making automatic update will cause issues. We do not provide free support for such issues.
4. We also offer a paid support service. In case of a problem, which is not covered by the free tech support, contact us using the contact form. Remember to include as much details about your problem as possible.

VII. COPYRIGHT AND LICENSE

1. All pixelemu.com themes and extensions are released under the GNU General Public License, version 2. Specifically, the PHP code portions are distributed under the GPL license. The licence is available at http://www.gnu.org/licenses/gpl-2.0.html
2. If not otherwise stated, all images, manuals, cascading style sheets, and included JavaScript are NOT GPL, and are released under http://pixelemu.com/ Proprietary Use License and as such are under protection of the copyright and related rights act of 04 February 1994.
3. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of pixelemu.com 
4. We provide the Software to you as part of your subscription. Purchase of the subscription of the product does not mean acquiring the copyright by the person who purchased it. The Software is licensed, not sold, only in accordance with these terms.
5. The moment you are provided with the product download link, you are given a non-exclusive licence to use the purchased product.
6. The licence scope:
   • Unlimited Product modification for your own use.
   • Product modification necessary for website creation.
   • Selling websites created using the purchased Product to third parties, both individuals and economic entities.
   • The right to change or delete the http://pixelemu.com/ website link at the bottom of the site.
   • Purchasing a single theme license entitles you to create a single website. The website made by using the theme, but not the theme itself, can be a subject of further distribution. In case of a sale website based on a theme, you forfeits the right to develop a different website using the same theme as well as the right to sell copies of the website sold. To create a new website purchase of another license is mandatory.
7. Without prior written consent from pixelemu.com, you are not entitled to copy, distribute or to use our Products commercially. Apart from the applications listed in point 13.1, it is particularly prohibited to: 
   
   • Distribute modified files in any way.
   • Change or delete information about the author in the headers and file descriptions.
   • Use our trademarks.
   • Put our products, modified or not on CDs, DVDs, discs, websites and other data carriers for redistribution or sale.
8. Additional limitations of usage may be the result of the information attached to the product or a part of the product’s description.
9. You are obliged to make sure that unauthorised persons do not use the purchased products in ways, which might violate the law, the Terms of use and any licence statements.
10. Limitations which are the outcome of this chapter do not apply to the Products available on the Store website as free. The free themes can be distributed in every form permitted by law.

VIII. PAYMENT METHODS

1. Payment for the Product may be executed through
   
   1. Stripe – payment is serviced by Stripe, 510 Townsend Street, San Francisco, CA 94103, USA.
   2. PayPal – payment is serviced by Paypal, 12312 Port Grace Boulevard La Vista, Nebraska 68128
   3. Bank transfer
2. You can pay for an order using a discount coupon. The coupons are distributed as a code consisting of a string of digits and letters.
3. To use a voucher the received code must be entered in the proper section on the checkout site and clicking „APPLY”
4. The discount coupons are valid for a limited time specified on the coupon.
5. We offer both individual and common use coupons.
   
   • The common use coupons is directed to all Clients and can be distributed freely, passed on to third parties and shared on websites.
   • The individual coupon is directed to a specific Customer or a group of Customers indicated in the contents of the coupon. The individual coupon shall be used only by the Customer indicated in the contents of the coupon, it shall not be a subject of further distribution and is considered confidential information addressed only to the specified Customer. You are obliged to keep the discount code secret.

IX. COMPLAINT

1. we deliver our products free of any defects.
2. Any technical problems, irregularities in the store functioning or in the products shall be reported on the HELPDESK found at http://www.pixelemu.com/contact
   
3. Any problem notifications and alerts may be sent by 24 hours a day, 7 days a week, but will be considered during the Store’s office hours from 09:00 to 17:00 on working days (from Monday till Friday).
4. Deadline for examining of the notification is 3 (three) working days from gaining the access to the Customer’s service referred to in point. 7.
5. If your product is not working as described, you should re-download the pack from your own customer account, from the list of purchased products.
6. If you re-download the product and it does not solve the problem, it should be reported in the manner explained in section 2.
7. Any problems will be checked by our service personnel. In order to verify and correct the problem you should provide access to your website, in particularly to the administration panel of WordPress, FTP access, database access, or access to the control panel (Cpanel) of your hosting account. You should also provide access to the server.
8. After providing access described in paragraph 7, problem shall be repaired or the service will send recommendations for required action to remove the problem by the customer or the server administrator.
9. If the product after re-downloading is still not working correctly and customer’s IT  system including hardware and software meets all the requirements to work with WordPress listed in Section II, and in the description of the product and service procedure described in sections 2-8 of this chapter did not remove the problem we will refund the purchase price in accordance with the principles stated in section X of these Terms of Use.

X. RIGHT OF THE WITHDRAWAL FROM THE AGREEMENT

1. Consumer who purchased the product, except as otherwise specifically provided for or referred to in this agreement, shall be entitled, without giving any reason and without incurring any costs to withdraw from the agreement within 14 days from the day of conclusion of the agreement. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post to INDICO S.C., ul. Wałowa 10/3, 84-200 Wejherowo, may be submitted in writing to the registered office of the Store at the same address or sent by email to: This email address is being protected from spambots. You need JavaScript enabled to view it. You may use the attached model withdrawal form, but it is not obligatory.
2. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
3. The right to cancel the order and withdraw from the contract shall not be entitled to the Customer, if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal. With the moment you start to download the file, which contains purchased product you loose the right to withdraw from the contract and to refund.
4. In case of cancellation of the contract and withdrawal from the agreement before downloading the purchased product started, if the withdrawal occurred within 14 days from the date of the contract, Store will refund in accordance with the principles described in section X. REFUND OF CHARGES.

XI. REFUND OF CHARGES 

1. Refund for the purchased product occurs if one of the following criteria is met:
   1. Cancellation of the order and withdrawal from an agreement by the Customer in accordance with the rules described in section IX. RIGHT OF THE WITHDRAWAL FROM THE AGREEMENT
   2. Acceptance of a complaint according to the complaint procedure and inability to repair or replace the defective product with a new one. 
2. Refund will be made not later than 14 calendar days in the same manner in which the payment was made for the product:
   
   1. If the payment was made through PayPal service charge will be refunded to your PayPal account.
   2. If the payment was made through Stripe service charge will be paid to the bank account from which the payment has been made.
3. We are not liable for failure or the delay of refund if it happened as a result of the Customer submitting incorrect personal data or an incorrect bank account number.

XII. NEWSLETTER

1. During registration of the Customer Accounts, your may - by checking the appropriate checkbox to agree to receive commercial information in the form of a so-called Newsletter via email.
2. A Newsletter may include in particular: business and commercial information about our products, news on the site, promotions, new products, new products of our partners, and changes to the website.
3. You can unsubscribe from the newsletter by clicking the appropriate link in the footer of the email with newsletter, by sending an appropriate e-mail or using the contact form.

XIII. PERSONAL DATA PROTECTION

1. Personal data base administrator is INDICO S.C., Wałowa 10/3, 84-200 Wejherowo
2. By submitting to a customer account you consent to processing your personal data. Disclosure of your own personal details is voluntary, but lack of consent to the processing of personal data may make it impossible to make purchases or the provision of electronic services.
3. The user's data will be processed only to the extent necessary to enable the correct access to the services offered by the Store, including the registration of the user, to allow a valid login to the website and the conclusion of the sales contract.
4. In the case of consent when filling out the registration form the customer email address will be processed by the seller to send you our free newsletter containing business information within the meaning of the provisions of an Act of 18 July 2002 on the provision of services by electronic means (Dz.U.2013.1422 j.t.)ó
5. Personal data is protected in accordance with the law of 29.08.1997 r on the protection of personal data (Dz.U. Nr 101 of 2002, poz. 926 with further amendments.) in a way that prevents the access by third parties.
6. Each user is entitled to access to their personal data and to correct it and request its removal. Information given during the registration can be modified at any time by the customer by clicking the "MY ACCOUNT" button.
7. You have the right to amend, update, rectification of personal data, the temporary or permanent suspension of its processing or remove it if they are incomplete, outdated, incorrect or collected in violation of the law or is no longer necessary to carry out the purpose for which it was collected.
8. Personal data of Customers may be shared with entities entitled to receive it under the applicable law in particular by the competent judicial authorities.
9. Transactional data, including personal information, may be submitted to Stripe, 510 Townsend Street, San Francisco, CA 94103, USA, to the extent necessary to support the payment for the order.
10. Detailed provisions on the protection of personal data can be found in the privacy policy at http://www.pixelemu.com/privacy-policy

XIV. FINISHING STATEMENTS

1. We reserve the right to change these Terms of use.
2. The change will take effect not sooner than 7 days after the moment of publishing information about the Terms changing and making the new Terms available at the Stores’ website.
3. The Store will notify its Customers with registered user accounts about the Terms of Use changing by sending an email to the address specified when creating the user’s account.
4. You are obliged to either accept or decline the new Terms up to 7 days upon receiving the information. No contact is synonymous with accepting the Terms.
5. Declining the new version of the Terms is equivalent with terminating the agreement to provide services using electronic means of communication and will cause your account getting cancelled.
6. If you make the purchases before the new Terms of Use are effective, the purchase is made with the previous Terms of Use.
7. This contract and dispute between the parties shall be governed and interpreted in accordance with Polish law.
8. Issues that are not mentioned in Terms of Use are regulated by Polish Civil Code, the Act of 23 April 1964 (Dz. U. z 2014 r. poz.121 z zm.);the Act of 18 July 2002 on the provision of services by electronic means (Dz.U.2013.1422 j.t.), the Act of May 30, 2014, on the rights of the consumer (Dz.U.2013.1422 j.t.)
9. The Sale Agreement is formed between the Customer and INDICO S.C. These Terms of Use are an integral part of the sales agreement.
10. Any potential disagreements between the Seller and the Client, who is a Consumer and will be subjected to the ruling of appropriate courts according to the regulations of the Civil Code of Conduct.
11. Any and all disputes that may arise in connection with this agreement between INDICO S.C. and the Customer who is an Entrepreneur shall be referred for settlement to the relevant court of jurisdiction of INDICO S.C.