These Terms of Use (these "Terms of Use") constitute an agreement between you and Archibrix LLC ("archibrix.com") and govern your use of this website and any product or service, including the purchase of house plans ("Plans") through them Website (“Website”) will be made available.
By using the website, whether for viewing or ordering plans or in any other way, you confirm that you have read, understood and agree to be bound and abide by them.
When you use our website.
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Who can use the site?
The website is intended for adults. You must be at least 18 years old to order or use plans or otherwise use the website. -
What is not allowed.
By using the website, you agree that you do not:-
violate current or future laws, rules, regulations, ordinances, regulations, laws, requirements, codes or implementing regulations of government or judicial authorities ("applicable laws");
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Providing or uploading text, images, videos or other materials (“your information”) that are unlawful, harmful, fraudulent, threatening, harassing, discriminatory, defamatory, defamatory, vulgar, obscene or otherwise objectionable or that are objectionable may violate another's privacy or advertising or infringement of intellectual property rights (as defined below) or other third party property rights;
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transmit personal information, including names or email addresses, about other people;
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masquerading as a person or organization, misrepresenting your affiliation with a person or organization or otherwise misrepresenting them or incorporating deliberate inaccuracies in your information;
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violate or attempt to violate the security of the website;
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decompile part of the website; or
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"Crawling" information from the website in an automated manner or otherwise without permission.
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Your privacy.
Your use of the website is subject to the data protection regulations of archibrix.com. The terms of our privacy policy are included in these terms. By using the website, you acknowledge and agree to the collection, transfer and use of information by archibrix.com in accordance with the data protection regulations.
When you order and use our plans.
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Overview.
All of our plans were created by architects or designers (each a “designer”). If you order plans according to these terms at archibrix.com:-
If we own the copyright to the plans, we license the rights to use those plans directly for you; or
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if we have licensed the rights to use the plans from a designer, we will either sublicense the rights to use the plans to you or arrange for the designer to license those rights directly to you.
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Designer agreement.
In the scenario described in Section 1 (b) immediately above, in addition to these terms, you may need to enter into an agreement with the designer (“Designer Agreement”) before you have the right to receive and use the plans. In this case, the order will be canceled if you do not agree to sign the designer contract and you will receive a refund for any amounts that you may have already paid to archibrix.com to acquire these rights. Every designer agreement supplements these conditions, but does not replace them. If there is a conflict or inconsistency between these terms and a designer agreement, every effort will be made to interpret these terms appropriately to resolve such conflict or inconsistency. provided, however, that if such a conflict or inconsistency cannot be properly interpreted, the more restrictive provisions regarding the scope of the rights to use the plans and the more comprehensive provisions regarding your obligations and the limitations of ours and the liability of the designer applies. -
Order plans.
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You can order some plans by paying money (“purchased plans”) and other plans by giving us the right to use your contact information for marketing purposes as described below (“free plans”). In any case, you are responsible for all applicable sales or similar taxes as well as shipping and handling costs, if specified. All orders to archibrix.com are final and no refunds will be given for any reason. Unless otherwise stated, all monetary amounts shown on the website are in US dollars.
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As a condition of ordering free tariffs, you consent to archibrix.com sharing the contact and other information you provide with other companies that you may receive by phone, email, SMS / post or mail regarding the Contact products or services that they think may be of interest to you. In particular, by ordering free tariffs, you agree to receive and / or receive phone calls and other messages including text / SMS messages at the number (s) you have provided, including a wireless or private number, using an automated telephone dialing system record message. For clarification, you do not have to give this consent for phone calls and text or SMS messages as a prerequisite for receiving the purchase.
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License.
If archibrix.com provides you with purchased plans or free plans, you will be granted a limited, non-exclusive license ("license") to use the plans to build the house shown in the plans (the " Project “) once and only once; and modify and reproduce the plans only to the extent necessary to meet your specific needs and / or to meet the requirements of your specific state and local building codes, ordinances, or regulations when the project is completed. In addition to all other requirements in these terms and, where applicable, a designer agreement, you agree to comply with the following restrictions, requirements, and conditions to which the license is subject: the license-
You may not assign, sublicense or transfer.
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You may not reuse the plans (e.g. to build additional houses) without the prior written consent of archibrix.com. This approval requires payment of a reuse fee and may be subject to additional terms, such as specified by archibrix.com.
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You may and may not allow anyone to sell, share, or publish the plans, or otherwise pass the plans on to anyone other than a contractor, advisor, lender, or government agency, if reasonably necessary to build a single house that the License is subject.
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You may not create derivative works based on the plans, except for changes that are necessary for your own use in building a single house under these terms.
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You agree to have the plans reviewed and approved by a local professional designer or engineer prior to commencing construction.
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You agree that you will maintain and cause your builders and other contractors involved in the project with insurance companies licensed at the relevant locations to maintain sufficient liability and other insurance cover to meet all of your obligations under these terms and conditions and the applicable ones Provisions to comply with legislation.
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Customization services.
If you ask archibrix.com or its designer to adjust the plans, the following terms apply:-
Overview.
archibrix.com or one of its affiliates or independent designers will customize your plans (“Customization Services”) on request as described below and provide customized versions of the plans (“Custom Plans”). For the purposes of customization services, references to archibrix.com may apply to the subsidiary or designer of archibrix.com. "Custom Plans" continue to be plans for the purposes of these terms. For this reason, archibrix.com and / or its designer retain all intellectual property rights to custom plans, even if the custom plans reflect your comments or input. -
Scope of work.
If you request customization services, we will provide you with a proposed scope of work (“scope”) and a price quote based on your request. The customization services are considered complete when we provide you with customized plans that are essentially in line with the scope. -
Additional services.
If, after such a delivery, you request changes to the customized plans or otherwise require services outside of the scope, these services are considered “additional services” and are subject to additional fees as set out in a price quote below. For clarification, unless specifically stated otherwise within the scope, the customization services do not include (i) architectural or engineering services required to make changes to plans to comply with local building codes or changes in applicable laws; (ii) construction cost estimation services, material lists, starts and other related services; (iii) site assessment and selection services; (iv) Planning and construction review services related to the security measures of the contractor or site manager or to the means, methods, techniques, sequences or procedures that the contractor or site manager needs to carry out his work, but not in relation to the final or completed structure ;; or (v) services that become necessary due to the delay, the non-performance of the service or the termination of the contractor or site manager due to his contract or due to defects or defects in the work of a contractor of the site manager. -
Fees.
If you choose to purchase the customization services, it is assumed that you have agreed to pay the fees in the amount of the original price offer. If you choose to purchase additional services, it will also assume that you have agreed to pay the fees for this subsequent offer. In any case, you are responsible for paying all reimbursable costs incurred in the interest of the project, including the 10% marked costs for consultants, reproductions, postage and handling, faxes, photography, courier and long-distance calls, travel and meals, deliveries , Renderings and models as well as approved overtime. Payment is due at the time of purchase for the first customization services and, if applicable, at the time of purchase of additional services, unless otherwise agreed in writing. You must pay interest on due and unpaid payments more than thirty (30) days after the invoice date, at a rate less than (i) 1.5% per month or (ii) the highest possible amount under applicable law. Without limitation of other rights or remedies under these terms or under applicable laws, archibrix.com may withhold approval of contract documents for permits, bids, and construction work if payment on invoices is not current. -
Customer responsibilities.
Your customization services include:-
Providing complete and accurate information about custom changes and budget requirements, as well as all physical information about the location and / or building;
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Issue permits and decisions promptly and as needed for the proper progress of adaptation services and in accordance with the mutually acceptable schedule;
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obtain all necessary soil surveys and land surveys at your own expense;
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Recognition of archibrix.com and the responsible designer for public relations in connection with the project design;
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provide a written description and / or sketch of the proposed changes upon request;
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Providing a satisfactory copyright release to archibrix.com if you provide the plans that are subject to the customization services;
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Allows access to the project site at all reasonable times and is allowed to photograph the project during construction and after completion for its records and future use.
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Suspension or termination.
Either you or archibrix.com can terminate the adaptation services in writing at any time with a period of at least seven (7) days. If you stop customization services, you are not entitled to reimbursement of amounts already paid. If archibrix.com ends the customization services, you are entitled to a reasonable refund based on the portion of the customization services that was prepaid but not yet executed, as determined by archibrix.com. No refund will be given for the purchase of the original plans. archibrix.com is entitled to compensation for all services and reimbursable costs incurred before you receive written notice of termination. If the project resumes after more than one (1) month and archibrix.com agrees to resume the customization services, a reactivation fee of 15% of the original customization fee will be charged. In the event that archibrix.com does not receive the agreed compensation on the due date, archibrix.com can suspend the services of the adaptation services without restriction of its other rights or remedies.
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The responsibilities of your builder.
You acknowledge and agree that: (i) the following items are your responsibility and your responsibility; (ii) You will use your best endeavors to get your client to assume this responsibility. and (iii) archibrix.com and its designers assume no responsibility or liability in relation to such items:-
It is your responsibility to ensure that all work in the latest edition of all applicable national, state and local building codes complies with industry standards and other applicable laws.
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Your builder is responsible for obtaining the necessary permits and inspections from local government agencies.
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Your builder is responsible for reviewing the plans before construction to check all dimensions and details for overall accuracy that meets local conditions.
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Your builder is responsible for making decisions with you for the final selection of materials such as masonry, floor beams, sawn timber, components, building boards, roofs, etc., which can lead to different dimensions and details. For example, if standard wooden beams were used instead of technical floor beams, the floor-to-floor dimensions would deviate from the plans and would require a revised staircase dimension and frame.
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It is your responsibility to provide standard construction details and practices that result in a structurally sound and weatherproof end product.
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Your builder is responsible for all building materials, methods, sequences, techniques and safety on the construction site of construction workers and third parties.
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It is your responsibility to ensure that all materials, devices and components are new and of good quality.
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Your manufacturer is responsible for ensuring that all manufactured articles, materials and devices are used, installed, connected, set up, used, cleaned, adjusted, operated and conditioned in accordance with the manufacturer's instructions. Your builder must follow all instructions to maintain and maintain any express or implied warranties and guarantees. It is the responsibility of the manufacturer to ensure that all materials, devices and components are new and of good quality.
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Generally applicable conditions.
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Who owns what?
archibrix.com and / or its designers or other licensors own all intellectual property rights related to or associated with the website, including any plans or customized versions thereof; all other graphics, photos, videos, images, graphics, texts, software and other technologies that comprise the website or are available through it; as well as the content, design, layout, functions and appearance of the website. Without limiting the foregoing, the plans are protected by U.S. copyright laws. and any use of the information contained therein beyond the one - time use permitted under the license or any reproduction, publication, sale or distribution of part of the plans without the prior written consent of archibrix.com constitutes a violation of federal laws subject to full prosecution and prescribed penalties. You assure and guarantee that you own all intellectual property rights to your information. By submitting your data, you automatically grant us a non-exclusive, royalty-free, worldwide, unlimited, irrevocable right and a license to use your data in connection with the website and in other ways in accordance with the data protection regulations. For the purposes of these terms, “intellectual property rights” collectively means all rights in relation to brands, service marks, trademarks, logos, copyrights and copyrights. all requests, registrations, derivative works and renewals in relation to the previous points; all database rights, moral rights, inventions, inventor rights, publicity and data protection rights, trade secrets, know-how, unfair competition rights and laws on unfair trading practices; and all other related worldwide intellectual and industrial property rights. -
Compensation.
You agree to archibrix.com and its affiliates, as well as their respective designers or other licensors, as well as officers, directors, owners, agents, representatives, contractors, employees and agents of the aforementioned (collectively the "non-compensated parties") and to indemnify and defend You are indemnified against any loss, claim, cause of action, damage, liability, as well as costs and expenses, including reasonable attorney fees, incurred or incurred by any of the compensated parties in connection with (i) the use. Construction, conversion, modification, misinterpretation, misuse or reuse of the plans or other drawings, data or other materials provided by archibrix.com or designers by you or others; (ii) negligence or other acts or omissions by you or any of your employees, consultants, advisors, agents, representatives or contractors; and (iii) any violation of any of the terms of these Terms and any applicable designer agreement. archibrix.com reserves the right to, at its own expense, take over the exclusive defense and control of matters or to permit a designer to be compensated by you. -
DISCLAIMER.
YOU TAKE ALL RESPONSIBILITY AND RISK FOR THE USE OF THE WEBSITE, INCLUDING ANY PLANS. THE WEBSITE, INCLUDING ANY PLAN, IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR WARRANTIES. Without limiting the foregoing, you agree that it is your responsibility to ensure, prior to using plans, that these plans are accurate, appropriate for your purposes, and compatible with all applicable laws. -
Additional restrictions, disclaimers, and requirements.
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The plans are intended to indicate the design intent and basic construction details. It is your responsibility to ensure that you have received the right professional support to provide standard design details and practices that result in a structurally sound and weatherproof end product. Use of the plans and / or changes to the plans by you, builders or anyone else on your behalf is at your own risk.
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Due to the large number of local regulations and climatic conditions, the plans do not contain any drawings for sanitary, heating or air conditioning systems. We recommend that you have these drawings provided by a local electrical engineer, mechanical engineer, or contractor, which is required for permits and construction work.
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Each foundation plan contained in the plans and the associated details are intended to serve as basic guidelines for a typical foundation system. This typical foundation system is not site or location specific. You confirm our recommendation that you have the plans reviewed by a local designer or licensed engineer and provide a site-specific foundation design if necessary.
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The plans contain ideas and concepts and are not intended to be exhaustive in every respect and in every detail. Variations in standard sizes (e.g. of windows and doors) as well as brands, strengths, types and uses of different materials can change details. Different local regulations, ordinances, regulations, foundation requirements and the arrangement of electrical, mechanical and sanitary systems may also require changes in the details.
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archibrix.com engages designers who consider it reliable. However, you should normally expect that some changes and adjustments in the project will be necessary to correct possible errors and omissions in the plans. Such changes are not an indication of negligence on the part of the designer and should not be interpreted as negligence.
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The names of materials and manufacturers given in the plans do not constitute an endorsement or recommendation from archibrix.com or designers. The final selection of the materials is the responsibility of you and / or your builder, including the correct installation of the materials, nailing, Gluing, caulking, isolating, flashing, roofing, weather protection and many other small objects and details that are not necessarily specified in the plans. and archibrix.com and designers have no control or responsibility in relation to such matters.
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The plans have no architectural or technical signature, seal and / or stamp. You agree to consult the local building officer, who can tell you whether a license reviewer or engineer needs to review the plans before submitting the plans for a building permit. Due to the large geographical and climatic differences in the different areas, each federal state, district and municipality has its own building regulations, zone requirements, ordinances and / or building regulations. Plans may need to be changed to meet local requirements. In addition, you may need to obtain permits or inspections from local authorities before and during construction. Your right to use the plans is subject to your consent and you warrant that you: (i) consult a local approved designer or engineer of your choice prior to commencement of construction and (ii) strictly comply with all local building codes; Zone requirements and other applicable laws, regulations, ordinances and requirements.
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Plans purchased for the construction of houses in certain jurisdictions such as the state of Nevada must be redrawn by a locally registered professional. and you agree that you may consult a local building officer or legal adviser about these requirements.
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Due to the large number of plans and pricing options for the plans offered by archibrix.com, data entry and other errors can inevitably occur in the text and prices on this website. archibrix.com reserves the right to correct any errors found, and no order or pricing regarding this order is final until archibrix.com confirms it.
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Some photos that appear on the website of houses that were built may be based on changes to the plans associated with the photo. In this case, these changes will not be included in the plans.
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LIMITATION OF LIABILITY.
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Under no circumstances is archibrix.com or its subsidiaries or designers liable for indirect, punishable, accidental, special, exemplary or consequential damages which result from or in any way in connection with your use of or the use of IBA WEBSITE, INCLUDING PLAN. The liability of archibrix.com and its designers for direct damage is limited to (A) the amount if you have paid to archibrix.com in connection with the matter that leads to an increase in liability, or (B) if DON'T DO EVERY PAYMENT, THE AMOUNT OF 100 USD. SOME STATES OR LEGAL PROVISIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL, AND THESE LIMITATIONS DO NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE ABOVE EXCLUSION OF WARRANTY IS NOT APPLICABLE OR ENFORCABLE FOR ANY REASON, archibrix.com'S MAXIMUM LIABILITY FOR ANY DAMAGE IS LIMITED TO $ 100.
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Changes to these terms.
archibrix.com can change these conditions at any time by posting changes on the website. (i) However, these changes will only become effective and binding in relation to you after archibrix.com has informed the website that these conditions have changed and you only use the website after the date of this publication. (ii) The changes will take effect.This only applies to your use of the website, including ordering or using plans after such changes have taken effect. (iii) Any imposition or change in payment obligations only apply if you expressly agree. If at any time you consider these conditions to be unacceptable and you do not agree to them, you will no longer have any right to use or access the website afterwards. -
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
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an affidavit from you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
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Termination.
We have the right to terminate these terms, the license and / or your right to use the website at our discretion without limiting our other rights and remedies in equity or under this agreement if you fail to comply with the terms of these terms or conditions a designer agreement. Unless the license is terminated earlier, it ends after the project is completed or abandoned. -
Various.
Because of these terms or your use of the website, including any plans, there is no joint venture, partnership, employment, or agency relationship between you and archibrix.com or designers. The person who accepts, on behalf of each party, accepts and warrants that they have been duly authorized by that party to accept the Agreement and thereby bind them to these terms. These conditions apply from the date you accept. These terms, together with any designer agreement, constitute the entire agreement between you and archibrix.com in relation to the subject matter of this agreement and supersede any previous electronic, oral or written agreements, explanations or representations relating to this subject matter. These conditions are considered separable. In the event that a provision is classified as unenforceable or invalid, that provision will still be enforced to the fullest extent permitted by applicable law, and this provision will not affect the validity and enforceability of other remaining provisions. These terms and conditions benefit archibrix.com and the designers as well as their executives, directors, employees, affiliated companies, representatives, licensors and suppliers. Each of these individuals or organizations has the right to enforce and enforce these terms directly on your behalf. Nothing in these terms should be construed to impose, impose, or place an obligation on archibrix.com towards its affiliates or a designer towards a contractor, subcontractor, site manager, supplier or any other person or organization (other than you) as far as provided here) or to a guarantee or an employee of one of them or give these persons rights or advantages according to these conditions. archibrix.com can assign these conditions at its own discretion. You may not assign these terms or your rights under this contract or delegate your obligations under this contract. These conditions are binding for the parties and their respective successors and approved assignments. A waiver of an obligation or a right of a party is only effective if it is carried out in writing by the party against which it is enforced. These terms are subject to the laws of the United States and California, regardless of conflict of laws rules. The parties agree that lawsuits or disputes between them will be resolved solely within the jurisdiction of the state or federal courts located in the state of California. In addition to monetary damage, archibrix.com is entitled to request appropriate relief if you violate any of these terms. These terms are separable and, to the extent that they are enforceable, can be interpreted in the light of the mutual intentions of the parties. The headings in these conditions are only for clarity and are not to be taken into account when interpreting. All references in the terms "including" mean "including, but not limited to". All references in these terms to "we", "our" or variations thereof refer to archibrix.com. All references in these terms to "you", "your" or variations thereof are considered individual to you if you conclude these terms on an individual basis and to the company, partnership or other organization or legal entity you represent, if you complete these terms on behalf of such an organization or organization. We will send all communications that are intended for you personally and not for all users of the website to the last email address that we have deposited for you. Any message from you to archibrix.com should be emailed to privacy@archibrix.com or mailed to archibrix.com, Vukomerec 67, 10000 Zagreb - Croatia.