Terms & Conditions
These Terms govern
- the utilization of this Application, and,
- any other legal relationship with the Owner or other related Agreement
in a legal way of binding. Capitalized words are described in the relevant given section of this document.
The User must read this document carefully.
This Application is provided by:
539 West Commerce Street, Suite #1416 Dallas, TX 75208
Owner contact email: email@example.com
What the user should know immediately
- Only European consumers are entitled to the right to cancel. The right of withdrawal, also known as the right of cancellation in the UK, is sometimes referred to as “the right of withdrawal” in this document.
- Please be aware that specified User groups may be the only ones to whom some provisions of these Terms may apply. Certain portions, in particular, may only apply to Consumers or to Users who do not meet the requirements to be Consumers. Any such limits are specifically referred to in each relevant clause. In the absence of such a mention, the provisions apply to all Users.
Except as otherwise specified, all uses of this Application are subject to the conditions of use outlined in this section.
By using this programme, users confirm that they adhere to the following requirements:
Users are not limited to being either consumers or business users;
Using the Service Users may register for or create user accounts by giving accurate and complete information for all requested data or information.
Users can access the Service without signing up for an account, however this may limit the availability of some features or functions.
Users are in charge of maintaining the security and confidentiality of their login information. Users must therefore select passwords that adhere to the strictest security requirements allowed by this application.
By signing up, Users consent to being entirely accountable for all actions taken with their username and password.
Users must immediately and unambiguously tell the Owner via the contact details specified in this article if they suspect their personal information, including but not limited to User accounts, access passwords, or personal data, has been compromised, inappropriately exposed, or stolen.
By doing the following, users can at any moment stop using the Service and close their accounts:
- By directly contacting the Owner through the contact details in this article.
Account suspension and deletion
Any User accounts that the Owner determines, in its sole discretion, to be improper, offensive, or in violation of these Terms, may be suspended or deleted immediately and without prior notice.
Users who have their accounts suspended or canceled are not entitled to make any claims for compensation, damages, or reimbursement.
Even if their accounts are suspended or canceled due to their own mistake, the User is still responsible for paying any fees or rates that might be owing.
Content on this Application
The Owner or its licensors are the only proprietors of the content made accessible through this Application, unless otherwise stated or clearly visible.
All reasonable efforts are made by the Owner to guarantee that none of the content made available through this Application breaches any applicable laws or third parties’ rights. However, it might not always be possible to get such a result.
Users are respectfully requested to report such complaints using the contact information provided in this document, preferably, in such situations, without prejudice to any legal prerogatives of Users to enforce their rights.
All content rights for this application are reserved
All intellectual property rights for any such content are owned by and reserved by the Owner.
Therefore, users are not permitted to utilize such content in any way that is not essential to or inherent in how the Service should be used.
Users are not permitted to sell, sublicense, edit, transfer/assign to third parties, copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, or create derivative works from any of the content made available on this Application through them or their devices, even if they are not aware of it.
The User may download, copy, and/or share some content made available through this Application, as specified on this Application, for their purely personal and non-commercial use, as long as they appropriately implement the copyright attributions and any other attributions the Owner may have requested.
Any statutory restriction or exception to copyright that may be in place shall be unaffected.
Availability of External resources
Users may access external resources offered by third parties using this application. Users agree and recognise that the Owner has no control over these resources and is not accountable for their availability or content.
The terms and conditions of any such third party or, in the absence of those, applicable statute law govern any resources offered by third parties, including any potential grant of rights in material.
These Terms and any applicable laws and regulations must be followed when using this Application and the Service.
The use of this Application and/or the Service must not violate the rights, laws, or regulations of any third party, and users are solely responsible for making sure this is the case.
As a result, the Owner reserves the right to take whatever steps are required to protect its legitimate interests, such as banning Users from using this application or the service, terminating contracts, and informing the proper authorities of any wrongdoing committed through this application or the service, such as judicial or administrative authorities, whenever Users engage in or are suspected of engaging in any of the following actions:
- The conditions of this agreement, the law;
- Any type of violation of third-party rights;
- Substantial interference with the Owner’s legal interests;
- Slander the Owner or any other individual.
TERMS AND CONDITIONS OF SALE
Some of the Products offered on this Application are supplied in exchange for payment as part of the Service.
Both here and in the application sections that are explicitly dedicated to them, the prices, terms, and conditions that apply to the purchase of such Products are given.
The prices, descriptions, and availability of the Products are all disclosed in the pertinent portions of this Application, but they are all subject to change at any time and without prior notice.
Despite the maximum level of technical correctness being used to deliver the Products on this Application, no warranty regarding the qualities of the acquired Product is implied by any representation on this Application (including, as applicable, graphic material, images, colors, and sounds).
The characteristics of the selected Product will be discussed during the buying process.
Every stage of the shopping process—from choosing a product to placing an order—is included.
The following are the steps in the purchasing process:
- The user must first select the desired Product and then confirm their purchase decision.
- After reading the data offered in the buy selections, users may place the order by submitting it.
The user’s order is subject to the following terms:
- When an order is submitted, a contract is formed, and the User is then responsible for paying the price, any applicable taxes, and any additional fees or costs that may be incurred, as specified on the order page.
- If the acquired Product requires active participation from the User, such as the giving of personal information or data, specifications, or special requests, the submission of the order obligates the User to do the required action.
- After placing an order, users will receive a receipt verifying that the order was received.
All notifications relating to the aforementioned purchasing procedure will be sent to the email address the User provided for such purposes.
Before completing their orders and during the purchasing process, users are made aware of any fees, taxes, and prices (including, if necessary, delivery costs).
On this application, prices are displayed as:
- Any fees, taxes, and expenses may be excluded of or inclusive of, depending on the section the User is reading.
Methods of payment
Information about accepted payment options is made available during the purchasing process.
Some payment alternatives might not be available unless you agree to additional conditions or fees. In these cases, the specified portion of the application contains the pertinent data.
Each payment is handled individually by other parties. As a result, this Application only receives notification when a payment is successfully processed rather than collecting any payment information, such as credit card information.
If payment through one of the offered methods fails or is denied by the payment service provider, the Owner shall not be bound to fulfill the purchase order. Any fees or expenses that might be incurred as a result of the denied or unsuccessful payment are the User’s responsibility.
Retaining ownership of the item
Before the Owner receives the complete purchase amount, any ordered Products cannot be considered the User’s property.
Deliveries are made to the address provided by the User and according to the order summary’s instructions.
After delivery, Users are required to review the package’s contents and report any irregularities without undue delay by contacting the party listed in this document or in the delivery note, as appropriate. Users who notice obvious harm to the package can refuse to accept it.
Deliveries of goods are made to the nations or territories listed in the applicable part of this application.
On this application or throughout the purchasing procedure, delivery times are specified.
Delivery errors could be caused by the User’s erroneous or insufficient execution of the purchase order. The User is also liable for any losses or delays that arise after the item is turned over to the carrier if the User arranges the carrier.
If the items are not picked up, received, or are not received at all within the specified window of time, they will be returned to the Owner. In order to schedule a second delivery attempt or to determine the best course of action moving ahead, the Owner will then get in touch with the User.
Unless otherwise agreed, each delivery attempt starting with the second must be made at the user’s expense.
Right of Withdrawal
The User shall have the right to terminate the Agreement at any time, for any reason, and without prior notice, subject to the provisions below (which are typically 14 days). Users can discover more details regarding the withdrawal requirements in this area.
By having the right to withdraw, who is covered?
Users who are European consumers have a legal right to cancel internet contracts (distance contracts) within the necessary time frame, for any reason, and without justification, excepting any of the applicable exceptions specified below.
Users are not permitted to use the rights stated in this section if they do not meet this condition.
Exercise of the right to withdraw
In order to exercise their right to cancel the contract, Users must inform the Owner in writing of their intention to do so.
Users can accomplish this by using the sample withdrawal form that is supplied in the “definitions” section of this page. However, Users are free to announce their intention to terminate the agreement by making a clear statement or in any other suitable way. Users must meet the deadline by which they can exercise this privilege by sending the withdrawal notice before the withdrawal period expires.
When does the withdrawal right expire?
The user or another party they have designated, who is not the carrier, obtains physical possession of the things, at which point the 14-day cooling-off period for goods transactions expires.
Purchases of numerous items that were purchased together but delivered separately or single items that were made up of multiple lots or components and delivered separately are subject to the 14-day cooling-off period. In these situations, the cooling-off period expires on the day the user or a non-carrier third party they chose takes physical possession of the final good, lot, or piece.
Effects of Withdrawal
The Owner shall reimburse Users who properly terminate a contract for any payments received, including, if any, payments for delivery costs.
However, the Owner will not be responsible for any additional costs incurred as a result of choosing a delivery method other than its least expensive standard delivery option.
In any event, the refund shall be made without undue delay and within 14 days after the day the Owner is informed that the User has opted to cancel the contract. Unless the User and the Company have agreed differently, reimbursements will be provided using the same payment method as was used to execute the initial transaction. In any instance, the User won’t incur any expenditures or fees as a result of such refund.
…on the purchase of material possessions
Unless the Owner has offered to pick up the products, Users must return the items to the Owner, or to a person the latter has authorized to receive the goods, without undue delay and in any case within 14 days of the day on which they expressed their decision to withdraw from the contract.
The deadline is met if the merchandise is delivered to the carrier or returned in another manner as stated above prior to the end of the 14-day return period. The refund may be postponed depending on when the products are received or until the customers show proof that they have returned the items.
Users are only liable for any decrease in the objects’ worth brought on by handling them more than is necessary to ascertain their nature, characteristics, and functioning.
The cost of returning the items is the user’s responsibility.
Legal confirmation of product compliance
According to EU law, merchants must provide a minimum of two years after delivery of the goods a guarantee of compliance. This means that traders must make sure the goods they have acquired continue to function properly or to have the characteristics they have paid for for at least two years after they have been delivered to the buyer.
If Users are deemed to be European Consumers under the laws of the country where their principal home is located, the legal guarantee of conformity for products is applicable to the items supplied on this Application.
There may be national legislation in that country that grants these users extra rights.
Consumers may still be entitled to legal guarantees of compliance under the laws of the country in which they generally reside even if they do not meet the requirements to be deemed Europeans.
Liability and indemnification
Limitation of liability
Disclaimer of Warranties
Only “as is” and “as available” versions of this application are made available. The User uses the Service at their own risk. To the fullest extent permitted by applicable law, the Owner expressly disclaims any and all representations and warranties, whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Except as expressly provided herein, no advice or knowledge obtained by the user from the company or through the service, whether oral or written, shall create any guarantee.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is true, correct, or accurate; that the Service will satisfy the needs of Users; that it will be available without interruption or security at any time or location; that any defects or errors will be corrected; or that it is free of viruses or other harmful components. Users are solely responsible for any harm to their computer system, mobile device, or data loss caused by any content they download or otherwise obtain while using the Service. Additionally, users are liable for any additional content they get by using the Service.
The Owner shall not be a party to or in any way participate in any transaction between Users and third-party suppliers of goods or services, and the Owner shall have no liability or obligation with respect to any product or service advertised or provided by a third party and made available through the Service or any third-party website or service to which the Service is linked.
Users’ operating systems, mobile devices, and/or web browsers could malfunction, rendering the Service unavailable. Any perceived or actual harm brought on by the service’s use is not the owner’s fault.
Federal law, a number of states, and other jurisdictions restrict the exclusion and modification of certain implied warranties. It’s possible that the aforementioned exceptions do not apply to users. This Agreement gives Users certain legal rights, and depending on your state, you might also have other rights. The limitations and exclusions in this agreement do not apply in any situations where they are forbidden by relevant law.
Limitations of liability
To the fullest extent permitted by applicable law, the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees disclaim all liability for:
- any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation losses in profit, use, or other intangible losses, brought on by using or being unable to use the service; and
- any damage, loss, or injury resulting from unauthorized use of, access to, or access to the Service, a user account, or the data within;
- any errors, omissions, or inaccuracies in the content;
- any kind of physical harm or property damage brought on by a user using or using the service;
- any unauthorized use of or access to the Owner’s secure systems, including any and all personal data stored there;
- a break in transmission to or from the service or any end to it;
- any threats that could be sent to or through the service, such as parasites, malware, trojan horses, or similar dangers;
- for any errors or omissions in any content, as well as for any damages or losses caused by the use of any information posted, emailed, transmitted, or otherwise made accessible through the service; and/or
- any offensive, illegal, or slanderous conduct by any User or third party. Any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount greater than the sum paid by User to the Owner under this Agreement in the previous 12 months or the length of this Agreement between the Owner and User, whichever is shorter, shall in no event be the responsibility of the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, or employees.
This limitation of liability clause shall apply to the fullest extent permitted by applicable law, regardless of whether the alleged duty is based on a contract, tort, negligence, strict liability, or any other basis, even if the Company has been advised of the possibility of such damages.
Because certain jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the aforementioned limitations or exclusions could not apply to User. The terms give User a number of legal rights, and User may also have other rights depending on the local laws in each jurisdiction. The disclaimers, exclusions, and limitations of liability stated in the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend and indemnify the Owner, its officers, directors, agents, co-branders, partners, suppliers, and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to legal fees and expenses, resulting from the use of the
- any data or content the User sends or receives through the Service; the User’s access to or use of the Service;
- any representations and warranties the User makes herein, among other User violations of these terms;
- the User’s violation of any third party intellectual property rights or privacy rights, including but not limited to;
- any statute, rule, or law that the user violates;
- any information submitted from the user’s account, including any access by a third party using the user’s unique username, password, or other security measure, if applicable, including but not limited to fraudulent, misleading, or inaccurate information;
- the user’s willful misconduct; or
- To the extent permissible by relevant law, User, its officers, directors, agents, co-branders, partners, suppliers, and employees may make statutory provision.
The Owner shall not be deemed to have waived any right or provision of these Terms that it fails to enforce. A term or any other term cannot be waived more than once or indefinitely.
In order to maintain the greatest level of service while adequately informing the Users, the Owner reserves the right to suspend the Service for maintenance, system updates, or other changes.
In addition, the Owner may choose to stop offering the Service altogether, subject to any governing regulatory limits. If the Service is ended, the Owner will work with Users to enable them to remove Personal Data or information in accordance with applicable legislation.
Furthermore, there’s a possibility that the Service won’t be available due to circumstances like “force majeure” that are beyond the Owner’s reasonable control (eg. labor actions, infrastructural breakdowns or blackouts etc).
Users are not allowed to reproduce, duplicate, copy, sell, resell, or otherwise exploit any element of this Application and its Service without the Owner’s express prior written approval, whether supplied directly or through an authorized resale scheme.
Users can see the privacy statement for this application to learn more about how their Personal Data is handled.
Rights to intellectual property
Any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to this Application, are the sole property of the Owner or its licensors and are subject to the protection provided by applicable laws or international treaties relating to intellectual property, without limiting any other specific provision of these Terms.
The Owner or its licensors are the sole owners of all trademarks, whether they are nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos used in connection with this Application. They are also subject to any intellectual property rights protections provided by applicable laws or international agreements.
Amendments to these Terms
The Owner reserves the right to change these terms or make other changes at any time. In such cases, the Owner will properly notify the User of these revisions.
Such advancements will only have an impact on the relationship with the User in the future.
If the User uses the Service after the Terms have been modified, they are deemed to have agreed to them. If users do not wish to be bound by the changes, they must discontinue using the service. If the other party rejects the revised Terms, either party may end the Agreement.
The applicable earlier version will govern the connection up until the User accepts it. The User may receive any earlier version from the Owner.
If required to do so by applicable law, the Owner will specify the date by which the modified Terms take effect.
Assignment of Contract
Any rights or duties under these Terms may be transferred, assigned, novated, or subcontracted by the Owner while taking into account the User’s legitimate interests. The clauses relating to amendments to these Terms shall therefore be applicable.
Users may not assign or otherwise transfer their rights or obligations under these Terms without the prior written agreement of the Owner.
For all inquiries regarding the usage of this Application, please use the contact information provided on this page.
If any provision of these Terms is found to be or is discovered to be unlawful or unenforceable under applicable law, it shall not impact the validity of the remaining sections, which shall remain in full force and effect.
Any such invalid or unenforceable provision shall be interpreted, construed, and amended to the extent reasonably necessary to give effect to the provision’s intention and to make it valid, enforceable, and consistent with applicable law. These Terms constitute the complete Agreement between Users and the Owner and supersede all prior communications, including but not limited to any agreements, between the parties with respect to the subject matter hereof. Enforcing these terms shall be done to the fullest extent permitted by law.
The parties will attempt to come to a mutually acceptable replacement for any void, invalid, or otherwise unenforceable portions of these Terms if any of them are determined to be true.
If this is not done, the void, invalid, or unenforceable provisions shall be replaced by the appropriate statutory provisions, if so permitted or indicated by the applicable law.
Without limiting the foregoing, the invalidity, unenforceability, or nullity of any one provision of these Terms shall not operate as a waiver of the remainder of the Terms, unless such provision is so essential to the Agreement that the parties would not have agreed to it if they had known it would be invalid, or if the application of the remaining Terms would impose an unreasonably onerous burden on the other party.
These Terms shall be governed by the laws of the country in which the Owner has its principal place of business, as indicated in the relevant section of this agreement, without respect to principles of conflict of laws.
Europe’s customers are exempt
The higher level shall nonetheless apply if the User is a European Consumer and has their principal residence in a country where the law imposes a higher standard of consumer protection.
Venue of Jurisdiction
Any dispute arising out of or connected to these Terms shall be resolved exclusively by the state or federal courts located in the county in which the Owner’s principal office is located, as set forth in the pertinent part of this document.
Europe’s customers are exempt
The foregoing limits do not apply to any Users who are European Consumers or Consumers who reside in Switzerland, Norway, or Iceland.
Amicable Dispute Resolution
Users are free to bring any disputes to the Owner, who will make an effort to resolve them amicably.
Users are cordially requested to contact the Owner via the contact information provided in this document in the event of any problems affecting the use of this Application or the Service, while their right to legal action will always remain intact.
This page contains the Owner’s email address, which the User may use to write the Owner a complaint, along with a brief justification and, if relevant, details about any related orders, transactions, or accounts.
The Owner will investigate the complaint without undue delay within 21 days of receiving it.
Online dispute resolution for consumers
By developing an online platform for alternative dispute resolutions, the European Commission has made it possible to settle any controversy involving or resulting from online purchase and service contracts without going to court.
This makes it possible for any European customer to use this platform to resolve a dispute resulting from an online contract. The platform can be reached by clicking the next link.