TERMS OF USE
Unless otherwise stated, the following terms generally apply when using this website.
Specific or additional conditions may apply in certain situations and are noted in this document.
By using this website you confirm the following:
· you are over 18 years old;
· you are not in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country;
· you are not listed on any U.S. government list of prohibited or restricted parties.
Website Content
Unless otherwise stated, all content on our website is owned or provided by us or our licensors.
We make every effort to ensure that the content of our website complies with all laws and respects the rights of third parties. However, this is not always possible.
If you believe your rights are being violated, without prejudice to any legal prerogatives to enforce your rights, please report any concerns using the contact details provided in this document.
Rights to the content of our website - All rights reserved
We own and reserve all intellectual property rights to all content.
You may not use this content in any way that is not necessary or implied for the proper use of the Service.
Specifically, but without limitation, you may not copy, download, share (beyond the limits mentioned below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer, assign to third parties or create derivative works from the content of our website. You may also not authorize any third party to do so through your account or device, even without your knowledge.
Where explicitly stated, you may download, copy and share certain content from our website for personal, non-commercial use, provided you properly implement copyright and other required attributions.
Any legal limitations or exceptions to copyright remain unaffected.
Access to external resources
On our website, you can access external resources provided by third parties. You acknowledge and agree that we have no control over these resources and are not responsible for their content or availability.
Terms relating to third-party resources, including any rights granted in their content, are governed by the terms and conditions of such third parties or applicable law.
Acceptable Use
Our website and service may only be used as intended, in accordance with these terms and applicable law.
You are solely responsible for ensuring that your use of our website and service does not violate any laws, regulations or third-party rights.
We reserve the right to protect our interests by denying you access to our website or service, terminating contracts, and reporting any misconduct to the appropriate authorities if you are involved in or suspected of the following:
· violate any laws, regulations or these terms;
· third party rights;
· seriously harming our legitimate interests;
· offend us or any third party.
Retention of product ownership
Until we have received payment of the full purchase price, the products ordered will not become your property.
LIABILITY AND COMPENSATION
We limit our liability to the extent permitted by law when performing our contracts with you. This means that our liability for damages is reduced to the maximum permitted by law, unless explicitly stated otherwise or otherwise agreed with you.
Compensation
You agree to indemnify us, our affiliates, officers, directors and employees, from any claim or demand made by any third party due to or related to your culpable violation of these Terms or the rights of third parties in connection with your use of the Service to the extent permitted by law.
Limitation of liability
Unless explicitly stated otherwise and subject to applicable law, you cannot claim damages against us (or any person or entity acting on our behalf).
However, this exclusion does not apply to damages affecting life, health or physical integrity, damages arising from the breach of material contractual obligations (such as those necessary to fulfill the purpose of the contract) and/or damages resulting from intentional or gross negligence, provided that our website has been used appropriately and correctly by you.
Unless the damage results from intentional or gross negligence, or causes injury to life, health or physical integrity, our liability is limited to damage typical and foreseeable at the time the contract was concluded.
US users
Disclaimer of Warranties
Our website is provided "as is" and "as available." When you use our service, you do so at your own risk. We explicitly state that we make no promises or warranties, whether express, implied, or even required by law. These include assurances as to the quality of the service, its suitability for your specific needs, or the violation of the rights of others. Please note that any advice or information you receive from us or through our service does not create any warranty beyond what is explicitly stated here.
Additionally, while we strive to provide accurate and reliable content, we cannot guarantee that this will always be the case. We do not guarantee that the service will always meet your needs or that it will be available when you need it. Interruptions or malfunctions may occur due to factors beyond our control. While we do our best to ensure the smooth running of our services, we cannot guarantee that they will be free of harmful elements such as viruses. If you choose to download content from our services, you do so at your own risk, and we accept no liability for any damage this may cause to your devices or data.
We do not endorse or guarantee any products or services advertised through our Service, or any links we provide. We are not involved in any transaction between you and third-party providers; any interaction or agreement you enter into with them is therefore solely your responsibility.
Our Service may not always be accessible or work properly with your web browser, mobile device, or operating system. While we strive to provide you with a smooth experience, we cannot guarantee it in all cases. Therefore, we want to clarify that we cannot be held responsible for any damage, perceived or actual, resulting from problems related to the content, operation, or use of our Service.
Although our contract may contain certain exclusions and limitations, these may not apply to you depending on the laws of your jurisdiction. Federal law, as well as the laws of certain states and other jurisdictions, may offer protections that override our disclaimers and exclusions. This means you may have specific legal rights that are not affected by our contract. It is essential that you understand your rights, as they may vary from state to state or country to country. We would like to emphasize that any disclaimer or exclusion in our contract will only be applied to the extent permitted by applicable law.
Limitation of liability
To the maximum extent permitted by applicable law, under no circumstances will we, nor our subsidiaries, affiliates, officers, directors, agents, partners, suppliers or employees, be liable for:
· indirect, punitive, incidental, special, consequential or exemplary damages arising out of your use of or inability to use the Service. This includes damages for loss of profits, goodwill, use, data or other intangible losses;
· any damage, loss or injury resulting from hacking, tampering or unauthorized access to your account or the information it contains;
· errors, mistakes or inaccuracies in the content provided;
· bodily injury or property damage resulting from your use of the Service;
· unauthorized access to our secure servers or personal information stored therein;
· interruption or cessation of transmission to or from the Service;
· bugs, viruses, Trojan horses or similar harmful elements transmitted through the Service;
· errors or omissions in any content posted, transmitted or made available via the Service;
· defamatory, offensive or illegal behavior of a user or third party. Our liability is limited to the amount you have paid us in the previous 12 months or the duration of your contract with us, whichever is shorter.
This limitation of liability section will apply to the fullest extent permitted by law in the applicable jurisdiction, whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if you have been advised of the possibility of such damages.
Please note that in some jurisdictions, the exclusion or limitation of incidental or consequential damages may not be allowed. This means that these limitations or exclusions may not apply to you. You have specific legal rights, which may vary depending on your jurisdiction. The disclaimers, exclusions, and limitations of liability described here may not apply to the extent prohibited by applicable law.
Compensation
By using and accessing the Service, you agree to defend, indemnify, and hold us and our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from any claims, damages, losses, liabilities, costs, or expenses, including legal fees, arising from:
· your use of the Service, including any data or content you transmit or receive;
· your violation of these Terms, including any breach of representations and warranties;
· your violation of third party rights, such as privacy rights or intellectual property rights;
· your violation of any statutory laws, rules or regulations;
· misleading, false or inaccurate information;
· your intentional misconduct; or
· any legal provision by you or your affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent permitted by law.
COMMON PROVISIONS
No waiver
Our failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall constitute a continuing waiver of such provision or any other provision.
Service interruption
In order to maintain the best level of service, we reserve the right to interrupt the service for maintenance, updates or other changes, with appropriate notification.
We may suspend or discontinue the service within the legal limits. In the event of a discontinuation, we will assist you in removing your personal data and will respect your rights regarding continued use of the product and compensation provided by applicable law.
The Service may be unavailable due to events beyond our control, such as infrastructure failures or power outages.
Resale of services
You may not reproduce, duplicate, copy, sell or exploit any part of our website or its service without our express written permission, granted directly or through a legitimate reselling program.
Privacy Policy
For more information on the use of personal data, you can refer to our website's privacy policy.
Intellectual Property Rights
Without prejudice to any more specific provision in these terms, all intellectual property rights associated with our website, including copyright, trademark rights, patent rights and design rights, are our exclusive property or that of our licensors. These rights are protected by applicable laws and international treaties relating to intellectual property.
All trademarks, whether nominal or figurative, as well as all other marks, trade names, service marks, word marks, illustrations, images or logos associated with our website, are and remain our exclusive property or that of our licensors. They are also protected by applicable laws and international treaties relating to intellectual property.
Changes to the Terms
We reserve the right to modify these conditions at any time, notifying you of any changes.
Such changes will only affect the relationship with you from the date communicated.
By continuing to use the Service, you agree to the revised terms. If you do not wish to be bound by these changes, you must stop using the Service and terminate the Agreement.
The applicable prior version will govern the relationship prior to your acceptance. You may obtain any prior version from us.
If required by law, we will notify you in advance of the date on which the amended terms will take effect.
Assignment of contract
We reserve the right to transfer, assign, dispose of by novation or subcontract all or part of the rights and obligations arising from these terms and conditions, taking into account your legitimate interests. The provisions relating to amendments to these terms and conditions will apply accordingly.
You may not assign or transfer your rights or obligations under these Terms without our written consent.
Contact
All communications regarding the use of our website should be sent using the contact details provided in this document.
Divisibility
The invalidity or unenforceability of any provision under applicable law shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
US users
Any invalid or unenforceable provision shall be interpreted to the extent reasonably necessary to make it valid, enforceable and consistent with its original intent. This document constitutes the entire agreement between you and us and supersedes all other communications, including, but not limited to, prior agreements regarding this subject matter, to the fullest extent permitted by law.
EU users
If any provision of this document is void, invalid or unenforceable, we both agree to use our best efforts to amicably reach an agreement on valid and enforceable provisions.
In the event of failure to comply with this rule, the null, invalid or unenforceable provisions will be replaced by the applicable legal provisions.
Notwithstanding the foregoing, the nullity, invalidity or unenforceability of any particular provision of this document will not invalidate the entire agreement, unless the deleted provisions are essential to it, or of such importance that we would not both have entered into the contract if we had known that the provision would be invalid, or in cases where the remaining provisions would result in an unacceptable hardship for either you or us.
Applicable law
These Terms are governed by the law of the place where we are based, as set forth in the relevant section of this document, without regard to conflict of laws principles.
Prevalence of national law
However, notwithstanding the foregoing, if the law of the country in which you reside provides for higher applicable consumer protection standards, those higher standards will prevail.
Place of jurisdiction
Jurisdiction over any dispute relating to these Terms shall lie with the courts of the place where we are based, as set out in the relevant section of this document.
Exception for consumers in Europe
However, regardless of the above, this does not apply if you are considered a European consumer or if you are a consumer based in the UK, Switzerland, Norway or Iceland.
British consumers
If you are a consumer resident in England and Wales, you can bring legal proceedings relating to these terms and conditions in the English and Welsh courts. If you are a consumer resident in Scotland, you can bring legal proceedings in either the Scottish or English courts. If you are a consumer resident in Northern Ireland, you can bring legal proceedings in either the Northern Irish or English courts.
US users
We both agree to waive any right to a jury trial in any court in any action or dispute.
Any claim under these Terms will be addressed individually and we both agree not to join in any class action or other proceeding with or on behalf of others.
US users
Surviving Provisions
Our Agreement will remain in effect until terminated by our website or by you. After termination, the provisions of this document which, by their context, are intended to survive termination or expiration will remain in effect, including, but not limited to, the following:
· your grant of licenses under this document will survive indefinitely;
· your indemnification obligations will survive for a period of five years from the termination date;
· the disclaimer of warranties and representations, as well as the provisions of the section containing the provisions relating to indemnification and limitation of liability, shall survive indefinitely.
DISPUTE RESOLUTION
Online Dispute Resolution for Consumers
The European Commission has set up an online platform for alternative dispute resolution, offering an out-of-court solution to resolve disputes arising from online sales and service contracts.
Consumers in Europe or residing in Norway, Iceland or Liechtenstein can therefore use this platform to settle disputes arising from online contracts.