Terms and Conditions
Terms and Conditions
version effective as of 12th May 2023
These regulations define general terms and conditions of requesting quotes and placing orders with Your Windows Inc. via the website: yourwindows.com define the terms and conditions of electronic services provision by Your Windows Inc.
§1. DEFINITIONS
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- Account Maintenance – the service provided by the Service Provider, consisting of maintaining and keeping the User’s Account;
- Business Days – days of the week from Monday to Friday, excluding bank holidays in Poland;
- Confidential Information – all information obtained by the Parties in the course of the conclusion and execution of the Services Agreement or the Sales Contract, in particular information regarding financial terms and personal data, the processing of which has been entrusted by the Customer to YOUR WINDOWS INC;
- Customer – an entity being the Party of Sales Contract concluded with the Seller through the User’s Account and for whom Services are provided;
- Customer’s Representative – natural person authorized by the Customer to prepare quotes and place orders on behalf of the Customer through the User’s Account, i.e. to conclude the Sales Contract on behalf of the Customer, as well as to make all statements of will necessary to implement the provisions of the Terms and Conditions;
- Data Storage – a service provided by the Service Provider, consisting of storing the User’s data entered into the User’s Account on the Service Provider’s dedicated servers;
- Your Windows Inc – company with its registered office with its registered office at 12 Penns Trail, Newtown PA 18940.
- Delivery – the actual act of delivering the Goods specified in the Order to the Customer by the Seller via the Supplier;
- Entrepreneur – a natural person, a legal person or an organizational unit that is not a legal person, to which specific regulations grant legal capacity, conducting business or professional activity on its own behalf;
- Goods – products presented by the Seller on the Website via the User’s Account;
- Information and Communication System – a set of cooperating IT devices and software, providing for processing and storing, as well as sending and receiving data via telecommunication networks by means of an appropriate terminal equipment for a given type of network, as defined by the Polish Telecommunications Law;
- Order – a declaration of will of the Customer, aiming directly at the conclusion of the Sales Contract, specifying in particular the type and number of ordered Goods;
- Order Confirmation – an email message sent to the Customer by the Seller after the Order is placed, in which the Seller confirms receipt of the Order;
- Parties – jointly Customer and YOUR WINDOWS INC;
- Privacy Policy – a document setting out the rules for the processing of personal data in connection with the use of the Services and conclusion of the Sales Contracts;
- Sales Contract – a sales contract concluded electronically under the terms defined in the Terms and Conditions, between the Customer and the Seller;
- Seller or Service Provider – YOUR WINDOWS INC;
- Services – collectively, the service of Account Maintenance and Data Storage;
- Services Agreement – agreement for provision of services by electronic means (Account Maintenance, Data Storage) concluded remotely, under the terms set forth in the Terms and Conditions, between the User and the Service Provider;
- Supplier – the entity that cooperates with the Seller, which delivers Goods to the Customer;
- Terms and Conditions – these regulations;
- User – Customer being a natural person or Customer’s Representative;
- User’s Account – an individual panel for each User, available on the Website, launched on the Customer’s behalf by the Service Provider, which can be accessed with an individual login and password, allowing the User to prepare quotes or place Orders with the Seller;
- Website – website available at yourwindows.com, through which the User’s Account can be accessed.
YOUR WINDOWS’S CONTACT INFORMATION:
YOUR WINDOWS INC
Registered office: 12 Penns Trail, Newtown PA 18940
email address: contact@yourwindows.com
website: YOURWINDOWS.COM
§2. GENERAL PROVISIONS
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- Using the Services, requesting quotes and placing Orders with the Seller via the User’s Account is available only for Entrepreneurs based in the United States.
- The Services and all of the content on the Website are owned by the Your Windows Inc. and/or its licensees, or licensors and are protected under Polish and United States copyright laws and international copyright laws and treaty provisions. Your use of the Services does not grant you any right to this content. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Services and the Website (including past, present and future versions of the Services), including, without limitation: graphics, layout, text, instructions, images, audio, videos, designs, trademarks and logos, any and all copyrightable material (including source and object code), and the “look and feel” of the Services and the Website (collectively, the “Content”) is owned, controlled or licensed by the Service Provider, its subsidiaries or affiliates and is protected from unauthorized use, copying and dissemination by copyright, trademark, patent and other laws, rules, regulations and international treaties.
- Except as expressly set forth in these Terms and Conditions or otherwise expressly granted to you in writing by Your Windows Inc, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Content not expressly granted to you under these Terms and Conditions are hereby reserved. The Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the prior written authorization of YOUR WINDOWS INC, unless and except as is expressly provided in these Terms and Conditions. Any other use of the Content without the prior written authorization of YOUR WINDOWS INC is strictly prohibited.
- The Seller reserves the right to place advertising content on the Website and within the User’s Account regarding the offered Goods, as well as goods and services of third parties, in the forms used on the Internet.
§3. USER’S ACCOUNT AND DATA STORAGE
- YOUR WINDOWS INC provides free of charge to Customers Services enabling preparing quotations and placing Orders, namely:
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- Account Maintenance Service,
- Data Storage service.
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- The Services indicated in section 3.1. are related Services, performed jointly.
- The aforementioned Services are provided 7 days a week, 24 hours a day, excluding any periods of technical interruptions specified by an information message posted on the Website or in the User’s Account.
- The Services Agreement is concluded between the Service Provider and the Customer and/or User at the time of registration of the User’s Account.
- Services of Account Maintenance and Data Storage are available after registration of a Customer Account under the terms described in the Terms and Conditions. The Account Maintenance Service consists in providing the Customer and/or other User with a dedicated panel, allowing the User to modify the data they provided for the process of User’s Account registration, access to their data, preparing quotations for the Customer’s clients. The Data Storage Service consists of storing on YOUR WINDOWS INC’s dedicated servers the data entered by the User with any subsequent modifications, as well as other information and documents related to the Sales Contracts.
- The creation of the User’s Account is possible only for Customers who have contacted an authorized YOUR WINDOWS INC representative, provided Customer’s Representative’s name, email and phone number and his role (admin or regular User) and for whom YOUR WINDOWS INC has generated and sent via email an individual login and password for the User’s Account.
- In order to log in to the User’s Account created in the above manner, it is necessary to enter the login and password provided by YOUR WINDOWS INC on the Website in a dedicated form. Then, in order to use the User’s Account, you must change the password to your own and accept these Terms and Conditions.
- Customers who have accounts can set up further accounts for their employees by giving them appropriate permissions to prepare bids, view other employees’ bids, edit bids, to place orders or to be an admin.
- The customer’s employee logs into the system for the first time in accordance with the procedure indicated in point 3.7.
- The above Services are provided for an indefinite period of time. The Customer may, at any time, report to the Service Provider a request to remove the User’s Account and to cease providing the above Services to the User (i.e. to terminate the Services Agreement) by sending a statement to this effect to YOUR WINDOWS INC’s email address or mailing address. In such case, the User Account and all data contained therein will be irretrievably deleted. In such case, however, YOUR WINDOWS INC will not remove other personal data which it has an obligation or right to continue to store in the cases described in the Privacy Policy.
- It is prohibited for the User to provide unlawful or offensive content to the Website and the Services, as well as to undertake actions in the scope of using the Website or the Services that are contrary to the Terms and Conditions or that may cause disruption or damage to the Website or the Services.
- In particular, it is prohibited for the User to:
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- use any content or information available on the Website or the Services for any unauthorized purposes;
- interfere with or damage the Website, the Services or servers or networks connected therewith or disobey any requirements, procedures, policies, or regulations of networks connected to the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, denial of service attacks, forged routing of electronic mail address information, or similar methods or technology;
- upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
- upload, post, e-mail, or otherwise transmit any materials or information that the User does not have a right to transmit under any law or under contractual or fiduciary relationships;
- attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by the Services;
- make any statements, express or implied, that the User is endorsed by YOUR WINDOWS INC without its specific prior written consent;
- infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including, but not limited to, such rights of third parties;
- upload, post, submit, publish, transmit or display in connection with the Services any information or material that threatens or abuses others, libels, defames, invades privacy, is false, discriminatory, hateful, harassing, or offensive, or otherwise injurious or objectionable; or
- assist any third party in engaging in any activity prohibited by these Terms and Conditions.
- Each User is solely responsible for their conduct and any data that they submit, post, transmit, or display on or through the Services. Additionally, the Customer is responsible for any conduct and any data submitted, posted, transmitted, or displayed on or through the Services by the Users being Customer’s Representatives.
- YOUR WINDOWS INC reserves the right to remove, block, and/or monitor, without notice, any User that the Service Provider considers, for any reason, to violate these Terms and Conditions or to be outside the subject scope of the Services. In addition to any remedies that YOUR WINDOWS INC may have at law or in equity, if it determines, at its sole discretion, that the User have violated or is likely to violate these Terms and Conditions, the Service Provider may take any action it deems necessary to cure or prevent the violation.
- The Service Provider shall be entitled to terminate the Service Agreements upon 7 days’ notice, and consequently to delete the User’s Account upon expiration of the notice period, in the event of:
- the User committing the prohibited actions indicated above in this paragraph;
- the User’s failure to log in to the User’s Account for more than 3 years;
- planned discontinuation of Services by the Service Provider.
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§4. TECHNICAL CONDITIONS OF USE OF THE SERVICES
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- To use the Services, it is necessary to meet the following technical requirements together:
- active connection of your device with the Internet,
- having an up-to-date web browser,
- having an active and properly configured email account.
- The technical conditions of use of the Services are important for the correct functioning of the Services, the way its content is displayed, as well as for the security of transmitted data.
- The specific risks associated with the use of the Services are the possibility of unauthorized persons gaining access to and interfering with data transmitted over the network or stored on devices connected to the network, which may result, in particular, in their loss, unauthorized modification or inability to use the Services.
- Service Provider may introduce additional software or data into the Information and Communication System used by the User that is not a component of the Services, in particular, it may use cookies or similar technologies other than those absolutely necessary, if the User has previously consented to this in the manner described in the Cookies Policy.
- The User should install operating system updates as recommended by the manufacturer of their device and the manufacturer of the operating system. Failure to update the operating system may lead to a decrease in the security of the use of the Services.
- To use the Services, it is necessary to meet the following technical requirements together:
§5. GOODS AND PRICES
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- Photos of the Goods are illustrations, which in some cases may differ slightly from the actual appearance of the Goods, in particular due to the individual settings of the User’s computer (which affects, for example, differences in colours, proportions, saturation and other similar parameters that affect the perception of the presented Goods). However, this does not affect the property of the Goods described on the Website. The Goods will materially conform with the description and/or specification set out in our sales documentation which will be provided with the Sales Contract.
- All prices presented on the Website through User’s Account are given in USD.
- Prices shown on the Website through User’s Account are gross prices (including VAT).
- The Seller reserves the right to change prices of Goods presented on the Website, to introduce new Goods for sale and to withdraw particular Goods, provided that these changes do not affect the rights of Customers who have placed an Order before the aforementioned changes.
- The price of the Goods does not include delivery costs, which depend on the method of delivery of the Goods, on the value and size of the Order, as well as the Delivery destination.
- The Seller may carry out promotional actions and sales under separately specified rules and inform about them through the User’s Account.
§6. LOGISTICAL MINIMUM
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- Fulfillment of the placed Order is conditioned by the logistical minimums applied by YOUR WINDOWS INC.
- The logistical minimum for particular Goods is visible on the Website through the user’s Account in the general view of the Goods.
- Logistical minimum for a single Order is eight windows.
- Orders that do not meet the logistical minimum will not be processed.
§7. QUOTATIONS AND ORDERS
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- The information regarding Goods contained on the Website through the User’s Account does not constitute an offer of the Seller within the meaning of the Polish civil code, but only an invitation to Customer to submit offers and conclude a Sales Contract.
- The quotations can be prepared and the Orders can be placed through the User’s Account 24 hours a day, 7 days a week, excluding any periods of technical interruptions specified by an information message posted on the Website or in the User’s Account.
- The Customer determines his preferences regarding the Goods through the User’s Account by going through the steps displayed to the User, which may differ depending on the selected type of Goods. Based on the User’s choices, quotes are prepared, which the User can assign to specific Customer’s clients.
- To place an Order for selected products within a given quote, the User has to select “Place Order”. After completing the entire Order form and choosing the method of Delivery and payment, the User places the Order by sending the form to the Seller. The form is sent by activating the appropriate field in the Order form. Each time before sending the Order to the Seller, the proposed total price of the selected Goods and the proposed total cost of the selected method of Delivery are given.
- Placing an Order means making an offer by the Customer to conclude a Sales Contract of the Goods being the subject of the Order.
- Within 7 Business Days after placing the Order, the Seller shall send the Customer an Order Confirmation or information about the impossibility of its execution to the email address given by the Customer. The Order Confirmation shall contain the payment details. If the Customer fails to make payment within 5 (in words: five) Business Days, the Seller may cancel the Order. The date of payment shall be considered the date of receipt of funds into the Seller’s bank account.
- Unless otherwise agreed by the Customer with the Seller in documentary form under pain of nullity, payment for the ordered Goods shall be made in the form of 100% prepayment.
- Prepayment shall be made using the following payment methods:
- fast transfer, made through a fast payment operator,
- traditional transfer – the data for making the payment will be given in the Order Confirmation.
- Payments indicated in paragraph 7.8.1. are made through entities external to the Seller, intermediating in the execution of payments. The conditions for the implementation of these services, as well as the rights and obligations of the Customer in connection with the conclusion of a contract with such an entity, are regulated in the documents applicable to the entity.
- 12.10.The information provided by the Customer, enabling the execution of the Order, should be truthful, complete, current and accurate. Providing false, outdated or inaccurate data may make it impossible to process the Order.
§8. ORDERS FULFILLMENT
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- As a rule, the period for completion of the Order (i.e. completion of the Order, preparation of the ordered Goods for shipment) is 30 Business Days. If it is not possible to complete the Order within the above period, the Seller will indicate the date for completion of the Order by email.
- The period of execution of the Order does not include the time of Delivery, i.e. the time necessary to deliver the ordered Goods to the Customer, which depends on the form of shipment chosen by the Customer, place of delivery and the actions of the Supplier.
- An Order for Goods with different lead times shall be shipped after the entire Order is completed, i.e. after the time of the longest of the specified lead times – unless otherwise agreed by the Parties in documentary form under pain of nullity.
§9. DELIVERY
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- Delivery of the ordered Goods is carried out through a Supplier.
- The Seller provides the Supplier with the Customer’s email address to send information about the status of the shipment.
- Delivery is subject to DAP Incoterms rules in its current version, i.e. the Seller is responsible for Delivery of the goods, ready for unloading, at the named place of destination and the Seller assumes all risks involved up to unloading. Unloading is at the Customer’s risk and cost.
- On the day the Goods are shipped to the Customer, information confirming the shipment by the Seller is forwarded to the Customer’s email address.
- The Customer should check the delivered Goods in time and in the manner adopted for parcels of a given type, in the presence of the Supplier’s employee.
- The Customer has the right to demand that the Supplier’s employee draws up the appropriate protocol in the case of a loss or damage of the package.
§10. LIABILITY AND INDEMNIFICATION
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- The Seller’s liability to the Customer on account of non-performance or improper performance of the Sales Contract, as well as defects in the Goods, shall include only losses incurred in connection therewith by the Customer and shall be limited to the amount of the sales price paid by the Customer. The Seller shall be liable in full if the damage is caused by him intentionally.
- The Seller shall not be liable in any way – also under warranty, if the Goods were not stored or used in accordance with specifications and their technical standards, manufacturer’s recommendations and material procedures according to the Seller’s product information posted on the Website.
- The Seller shall not be liable to any third parties for any damages incurred by such third parties as a result of using the Goods constituting the subject of the Sales Contract and purchased by such third parties from the Customer or constituting an element of the goods purchased from the Customer, and the Customer hereby releases the Seller from such liability.
- The Seller shall not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond Seller’s control or Customer’s failure to provide Seller with adequate Delivery instructions or any other instructions or information that are relevant to the supply of the Goods.
- The Service Provider is not responsible for failure or improper execution of Services provided electronically if it is caused by third parties (in particular telecommunications operators, telecommunications and electricity providers).
- The Service Provider is not responsible for the impossibility or difficulties in using the Services, resulting from reasons attributable to the Customer.
- The Service Provider shall not be responsible for damages caused by the actions or omissions of Customers, in particular for their use of the Services in a way inconsistent with applicable law or the Terms and Conditions.
- The Customer and/or any other User agree to indemnify, defend, and hold harmless YOUR WINDOWS INC from any claims, liabilities, damages, losses, costs, and/or expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with the following (whether resulting from User’s activities on the Services or those conducted on their behalf):
- User’s access to or use of the Services;
- User’s breach or alleged breach of these Terms and Conditions; or
- User’s violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.
- You agree that YOUR WINDOWS INC will have no liability in connection with any above breach or unauthorized use, and you agree to indemnify, defend, and hold harmless any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of YOUR WINDOWS INC in connection therewith. You will cooperate as fully required by YOUR WINDOWS INC in the defense of any claim. YOUR WINDOWS INC reserves the right to assume exclusive control of its defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify YOUR WINDOWS INC. You shall not settle any claim without the prior written consent of YOUR WINDOWS INC.
§11. DISCLAIMER OF SERVICES WARRANTIES
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- You acknowledge that your use of the Services is at your sole risk (including but not limited to any damage to your computer system, loss of data, damage resulting from reliance on the services, or other damages that result from obtaining any content from the Services including computer viruses).
- To the extent permitted by law, YOUR WINDOWS INC, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors (collectively, the “company parties”) provide the Services, including without limitation, the company materials, “as is,” “as available,” and “with all faults,” without warranty of any kind, and specifically disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer viruses.
- No information provided via the Services shall create any warranty. Without limiting the generality of the foregoing, the company parties make no warranty, representation, covenant, or guarantee whatsoever, express or implied: (i) as to the value, quality, timeliness, usefulness, reliability, security, suitability, accuracy, truthfulness, or completeness of the services; (ii) that the Services will operate uninterrupted or error-free; (iii) that the Services will meet your needs or expectations; (iv) as to the quality or value of any of company’s products, Services, content, information, or other material you purchase or obtain via the Services; (v) that any errors pertaining to the Services will be corrected.
- Some jurisdictions do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these Terms and Conditions.
§12. PERSONAL DATA
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- The Customer is the controller of its clients’ personal data processed within the User’s Account.
- The Customer, as the controller of its clients’ personal data, is solely responsible for fulfilling its information obligations to its clients related to the processing of personal data.
- As the implementation of the Services requires YOUR WINDOWS INC to process the personal data indicated in section 12.1. above and, in certain cases, also the Users’ personal data, to the extent and for the purpose specified by the Customer and on their behalf, the Customer or the Customer’s Representative who has been granted admin rights within the User’s Account, accepting these Terms and Conditions, at the same time enters into an agreement with YOUR WINDOWS INC for entrusting the processing of personal data with the content specified in Annex 1 to the Terms and Conditions. The personal data processing entrustment agreement is an integral part of these Terms and Conditions for the Customer.
- YOUR WINDOWS INC and the Customer share with each other the business data of their selected representatives, in particular, name, surname, email address, contact telephone number, position in the organization. Such sharing is carried out based on the legitimate interest of YOUR WINDOWS INC and the Customer, consisting of the ability to proper execution of the Sales Contract by the Customer and YOUR WINDOWS INC and the exchange of information necessary for the execution and settlement of the Sales Contract.
- The details of YOUR WINDOWS INC’s processing of the personal data of the Customer and its representatives can be found in the Privacy Policy.
§13. CONFIDENTIALITY
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- YOUR WINDOWS INC and the Customer agree to keep confidential the Confidential Information of the other Party, which have been entrusted to it or acquired during the duration of the Services Agreement and the Sales Contract, to protect the Confidential Information from unauthorized access, and to process Confidential Information solely for the purpose of proper execution of the aforementioned agreements.
- By the obligation to keep Confidential Information confidential, the Parties understand the prohibition of use, disclosure and transfer of such information to any third party, except for section 13.3. below and for the following situations:
- the Party to whom the Confidential Information relates shall release the other Party from the obligation to maintain confidentiality,
- the Confidential Information, at the time of its disclosure, is already in the public domain and its disclosure has been made by or with the consent of the Party to which it relates, or otherwise than through unlawful act or omission in violation of the law, the Services Agreement or the Terms and Conditions,
- the obligation to disclose Confidential Information arises under applicable law,
- a Party has been obligated to disclose Confidential Information concerning the other Party by a court or authorized body, or in the event that compliance with the obligation imposed by the court or authority would be impossible without disclosing Confidential Information of the other Party.
- YOUR WINDOWS INC reserves the right to share Confidential Information concerning the Customer with legal and financial advisors obligated under separate agreements or legal regulations to keep confidential the Confidential Information received, as well as to affiliates within the meaning of the Accounting Act.
- In the case referred to in section 13.2.4., when the Confidential Information relates to YOUR WINDOWS INC, the Client shall immediately inform YOUR WINDOWS INC of the obligation to disclose Confidential Information and its scope, and shall be obligated to take into account, as far as possible, the recommendations of the YOUR WINDOWS INC as to the scope of disclosure of Confidential Information, in particular when formulating the content of letters addressed to a court or authority.
- The obligation to keep Confidential Information confidential shall bind the Parties for a period of 5 years from the date of termination, dissolution or expiration of the Services Agreement.
§14. FINAL PROVISIONS AND CHANGE OF THE TERMS AND CONDITIONS
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- In case any provision of the Terms and Condition is or becomes invalid, the remaining provisions of the Terms and Conditions shall remain in force.
- The Customer is obliged to inform the Seller about the change of the electronic address and the telephone number under which the contact between the Seller and the Customer is conducted, on pain of being recognized that the information sent to the address indicated by the Customer has been as effectively delivered.
- The Terms and Conditions are governed by the laws of the State of Pennsylvania, without regard to its conflict of laws rules, and the laws of the United States of America. Any controversy or claim arising out of or relating to the concluded Services Agreement or Sales Contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- The Terms and Conditions are made available on the Website in a manner that allows it to be displayed, downloaded, recorded and printed.
- Your Windows shall be entitled to amend these Terms and Conditions for important reasons, in particular such as:
- change in the state of the law requiring amendments to the Terms and Conditions,
- changes in the functioning of the Services,
- correction of errors and mistakes in the Terms and Conditions.
- A Customer who already has a Services Agreement with Your Windows shall be informed of changes to the Terms and Conditions by means of an email sent to the email address provided by the Customer. If the Customer does not agree with the changes to the Terms and Conditions, they are entitled to terminate the Services Agreement (requesting removal of the User’s Account) within 14 days from the date of receipt of information about the change of the Terms and Conditions, and the amended provisions of the Terms and Conditions will not apply to them.
- Amendments to the Terms and Conditions shall not apply to Sales Contracts in which Orders were placed before the effective date of the amendment to the Terms and Conditions.
- To Services Agreements concluded after the date indicated as the effective date of a given version of the Terms and Conditions, the Terms and Conditions in the amended version shall apply.
- Sales Contracts in which Orders were placed after the date indicated as the effective date of a given version of the Terms and Conditions, the Terms and Conditions in the amended version shall apply.