Terms of Service
These Terms of Service (the “Terms”) govern your access to and use of the website https://cswbk.com/ (the “Site”) and the products, services, and content available through the Site (collectively, the “Services”). The Site and Services are operated by Daniel Szczygielski, with a registered address at Jana Olbrachta 112/110, 01-373 Warszawa PL, Poland (“we,” “us,” or “our”).
By accessing, browsing, or using the Site or Services—including purchasing children’s toys such as 3D-printed action figures, friction-powered monster trucks, or bubble machines—you (“you” or “user”) acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Refund Policy (incorporated herein by reference). If you do not agree to these Terms, you may not use the Site or Services.
1. Eligibility to Use the Site & Services
1.1 Age Requirement
You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to use the Site or Services, including placing orders. If you are using the Site on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.
1.2 Account Registration
To access certain features (e.g., saving shipping addresses, tracking orders), you may need to create an account. When registering, you agree to:
- Provide accurate, complete, and up-to-date information (e.g., name, email address);
- Keep your account password secure and confidential;
- Notify us immediately at service@cswbk.com if you suspect unauthorized access to your account;
- Take responsibility for all activities conducted under your account.
We reserve the right to suspend or terminate your account if you provide false information or violate these Terms.
2. Use of the Site & Services
2.1 Permitted Use
You may use the Site and Services only for lawful purposes, including:
- Browsing product listings (e.g., 3D-printed dragon eggs, bubble machine sets);
- Placing orders for personal or non-commercial use;
- Contacting customer service for support;
- Subscribing to newsletters (if you opt in).
2.2 Prohibited Use
You agree not to use the Site or Services for any unlawful, fraudulent, or harmful activity, including but not limited to:
- Accessing or modifying the Site’s source code, algorithms, or backend systems (e.g., scraping product data with automated tools);
- Uploading or transmitting malware, viruses, or harmful content that could damage the Site or other users’ devices;
- Using the Site to sell, promote, or distribute counterfeit products (e.g., fake versions of our T13 3D Action Figures);
- Impersonating us, our staff, or other users (e.g., creating fake accounts to mislead others);
- Violating applicable laws or regulations (e.g., exporting toys to countries where they are prohibited by customs rules);
- Interfering with the Site’s normal operation (e.g., overloading servers with excessive requests).
We may take action (e.g., blocking your IP address, terminating your account) if you engage in prohibited use, and we reserve the right to pursue legal action if you cause harm to our business or users.
3. Product Information & Orders
3.1 Accuracy of Product Details
We strive to provide accurate, up-to-date information about our products (e.g., descriptions, images, prices, age recommendations). However, we do not guarantee that all information is error-free. In the event of a mistake (e.g., incorrect pricing, out-of-stock items listed as available), we reserve the right to:
- Correct the error;
- Cancel or adjust orders placed based on the error (and notify you promptly via email);
- Offer a refund or alternative product if an order cannot be fulfilled.
3.2 Order Placement & Acceptance
Placing an order on the Site constitutes an “offer” to purchase products. We reserve the right to “accept” or “reject” your offer for any reason, including:
- Product unavailability (e.g., a limited-edition monster truck set sells out);
- Suspected fraud (e.g., unusual payment activity, mismatched billing/shipping addresses);
- Invalid shipping addresses (e.g., P.O. Boxes for international orders, as prohibited in our Shipping Policy).
We will confirm acceptance by sending a shipping confirmation email (with tracking details). Until this email is sent, no binding contract exists between you and us.
3.3 Payment Terms
When placing an order, you agree to:
- Pay the full amount due (including product prices, shipping costs, and applicable taxes) using an accepted payment method (e.g., credit card, PayPal);
- Authorize us (or our third-party payment processors) to charge your selected payment method for the order total;
- Ensure your payment information is valid and up-to-date.
If a payment is declined (e.g., insufficient funds, expired card), we will notify you to resolve the issue. If payment is not received within 48 hours, we may cancel your order.
4. Intellectual Property Rights
4.1 Ownership of Content
All content on the Site—including text, product images, logos, designs (e.g., 3D-printed toy blueprints), and software—is the exclusive property of Daniel Szczygielski or our licensors, and is protected by Polish and international copyright, trademark, and intellectual property laws.
4.2 Limited License to Use Content
We grant you a non-exclusive, non-transferable, revocable license to access and use the Site’s content solely for personal, non-commercial use (e.g., viewing product photos to decide on a purchase). You may not:
- Copy, reproduce, or distribute content (e.g., sharing product images on a commercial website without permission);
- Modify, adapt, or create derivative works (e.g., altering a 3D-printed dragon egg design to sell your own version);
- Use our trademarks (e.g., “cswbk.com”) without our prior written consent.
Unauthorized use of our intellectual property may result in legal action.
5. Third-Party Services & Links
The Site may contain links to third-party websites or services (e.g., payment processors like PayPal, shipping carriers like DHL). These links are provided for convenience only, and we do not control or endorse third-party content, policies, or practices.
You acknowledge that:
- We are not responsible for the accuracy, safety, or legality of third-party sites;
- Your use of third-party services is governed by their own terms and privacy policies;
- We will not be liable for any damages or losses arising from your use of third-party sites.
6. Disclaimers of Warranties
6.1 “As-Is” and “As-Available” Basis
The Site and Services are provided on an “as-is” and “as-available” basis. We make no warranties—express or implied—including but not limited to:
- Warranties of merchantability (e.g., that a bubble machine will work as described);
- Warranties of fitness for a particular purpose (e.g., that a toy is suitable for a specific age group beyond what is stated);
- Warranties of non-infringement (e.g., that using the Site will not violate third-party rights);
- Warranties that the Site will be uninterrupted, error-free, or secure.
6.2 Product Warranties
Specific product warranties (e.g., for manufacturing defects) are outlined in our Refund Policy. To the extent permitted by law, we disclaim all other warranties for our toys.
7. Limitation of Liability
To the maximum extent permitted by Polish and EU law:
- We will not be liable for any indirect, incidental, special, consequential, or punitive damages (e.g., lost profits, emotional distress) arising from your use of the Site or Services, even if we were advised of the possibility of such damages;
- Our total liability for any claim related to the Site or Services (e.g., a defective toy causing damage) will not exceed the total amount you paid for the product(s) in question;
- We will not be liable for damages caused by factors beyond our control (e.g., shipping delays due to natural disasters, customs holds).
This limitation does not apply to liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation;
- Any other liability that cannot be excluded by law.
8. Termination
8.1 Termination by You
You may terminate your use of the Site or Services at any time by:
- Discontinuing access to the Site;
- Requesting account deletion via email (service@cswbk.com).
8.2 Termination by Us
We may terminate or suspend your access to the Site or Services at any time, without prior notice, if:
- You violate these Terms (e.g., engaging in prohibited use);
- You fail to pay for orders;
- We suspect fraudulent activity associated with your account;
- We discontinue the Site or Services (we will provide reasonable notice if possible).
Upon termination, your right to use the Site or Services will cease, and we may retain your account data in accordance with our Privacy Policy.
9. Governing Law & Dispute Resolution
9.1 Governing Law
These Terms are governed by and construed in accordance with the laws of Poland, excluding its conflict of laws principles.
9.2 Dispute Resolution
- Negotiation: Before initiating legal action, you agree to attempt to resolve any dispute with us through good-faith negotiation. Contact us at service@cswbk.com to start this process, and we will respond within 5 business days.
- Mediation/Arbitration: If negotiation fails, disputes will be resolved through binding arbitration in Warszawa, Poland, conducted in Polish or English (at your choice), in accordance with the rules of the Polish Chamber of Commerce Arbitration Court.
- Court Action: Nothing in these Terms prevents you from filing a claim in a Polish court for small claims or for disputes that cannot be resolved through arbitration.
10. Miscellaneous
10.1 Entire Agreement
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and us regarding the Site and Services, superseding all prior oral or written agreements.
10.2 Severability
If any provision of these Terms is found to be invalid or unenforceable by a court, the remaining provisions will remain in full force and effect.
10.3 Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. A waiver will only be effective if in writing and signed by us.
10.4 Assignment
We may assign our rights and obligations under these Terms to a third party (e.g., in the event of a business sale). You may not assign your rights or obligations without our prior written consent.
10.5 Notices
All notices to you (e.g., order updates, policy changes) will be sent to the email address associated with your account. Notices to us may be sent to service@cswbk.com or our postal address (Daniel Szczygielski, Jana Olbrachta 112/110, 01-373 Warszawa PL).
11. Updates to These Terms
We may update these Terms from time to time to reflect changes in laws, business practices, or the Site’s features. When we make significant changes, we will:
- Post the updated Terms on the Site with a new “Last Updated” date;
- Notify you via email (if you have an account) at least 7 days before the changes take effect.
Your continued use of the Site or Services after the effective date of the updated Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically.
12. Contact Us
If you have any questions, concerns, or requests regarding these Terms, please contact us:
- Email: service@cswbk.com
- Postal Address: Daniel Szczygielski, Jana Olbrachta 112/110, 01-373 Warszawa PL, Poland
- Response Time: We aim to reply to all inquiries within 2 business days.