• Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may apply only to consumers or to users who do not qualify as consumers. Such limitations are always explicitly stated in each relevant clause. In the absence of such a statement, the clauses apply to all Users.

TERMS OF USE

Unless otherwise stated, the terms of use described in this section apply generally to the use of this Application.

In specific scenarios, single or additional conditions of use or access may apply and in such cases are additionally indicated in this document.

By using this Application, Users confirm that they meet the following requirements:

• There are no restrictions on users in terms of being consumers or business users;

ACCOUNT REGISTRATION

To use the Service, Users may register or create a User Account, providing all required data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a User Account, but this may result in limited availability of certain features or functions.

Users are responsible for keeping their login credentials confidential and secure. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are obliged to immediately and unequivocally notify the Owner, through the contact details provided in this document, if they believe that their personal data, including but not limited to User accounts, access data or personal data, has been breached, unlawfully disclosed or stolen .

Account Termination

Users may terminate their account and stop using the Service at any time by doing the following:

• By contacting the Owner directly using the contact details provided in this document.

Account Suspension and Deletion

The Owner reserves the right, in its sole discretion, to suspend or delete any User Accounts it deems inappropriate, offensive or in violation of these Terms at any time and without prior notice.

The suspension or deletion of User accounts does not entitle Users to any claim for compensation, damages or refund.

The suspension or deletion of accounts due to causes attributable to the User does not relieve the User from paying any applicable fees or prices.

CONTENTS OF THIS APPLICATION

Unless otherwise indicated or clearly identifiable, all content available on this Application is owned or provided by the Owner or its licensors.

The Owner makes every effort to ensure that the content of this Application does not infringe any applicable legal provisions or third party rights. However, it is not always possible to achieve such a result.
In such cases, without prejudice to Users' legal powers to enforce their rights, Users are kindly requested to preferably report related complaints via the contact details provided in this document.

Rights regarding the content of this application - All rights reserved

The Owner owns and retains all intellectual property rights for such content.

Users may therefore not use such content in a manner that is not necessary or implied for the proper use of the Service.

In particular, but without limitation, users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works create the content available on this Application, nor allow any third party to do so through the User or his device, even without the User's knowledge.

Where expressly stated on this Application, the User may download, copy and/or share certain content available through this Application for personal and non-commercial use only and provided that copyright attributions and any other attributions requested by the Owner are correct are implemented. .

Any applicable statutory limitations or exceptions to copyright remain unaffected.

ACCESS TO EXTERNAL SOURCES

Through this Application, Users can access external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Terms applicable to resources provided by third parties, including those applicable to any grant of rights in the content, result from the terms and conditions of such third parties or, in the absence thereof, from applicable statutory law.

ACCEPTABLE USE

This Application and the Service may only be used within the scope for which they are provided, under these Terms and applicable law.

It is the sole responsibility of Users to ensure that their use of this Application and/or the Service does not violate any applicable laws, regulations or third party rights.

Therefore, the Owner reserves the right to take appropriate measures to protect its legitimate interests, including by denying Users access to this Application or the Service, terminating contracts, reporting misconduct via this Application or the Service to the competent authorities – such as judicial authorities. or administrative authorities - when Users engage in or are suspected of engaging in any of the following activities:

• violate any laws, regulations and/or these Terms;
• infringe the rights of third parties;
• significantly harm the legitimate interests of the Owner;
• insult the Owner or any third party.

Products or services (if applicable)

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear in store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Please see our returns policy for more information.

User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials whether online, by email, by postal mail, or otherwise (collectively, 'comments' ), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. . You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have placed your order). .

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

LIABILITY AND INDEMNIFICATION

AUSTRALIAN USERS

Limitation of Liability

Nothing in these Terms excludes, limits or modifies any warranty, condition, guarantee, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory law and which cannot be excluded, limited or modified. (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for breach of a non-excludable right and liability not otherwise excluded under these Terms of Use, shall be limited, at the Owner's sole discretion, to the re-execution of the services or paying the costs for having the services provided again.

Disclaimer of Warranties

This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at the User's own risk. To the fullest extent permitted by applicable law, the Owner expressly disclaims all conditions, representations and warranties – express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose or non infringe the rights of third parties. No advice or information, whether oral or written, obtained by the user from Owner or through the Service shall create any warranty not expressly stated herein.

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 accurate, reliable or correct; that the Service will meet the requirements of Users; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the user's own risk and the user will be solely responsible for any damage to the User's computer system or mobile device or loss of data resulting therefrom from such download or the User's use of the Service. Employ.

The Owner does not warrant, endorse, guarantee or accept responsibility for any product or service advertised or offered by any third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or on monitor in any way any transaction between Users and third party providers of products or services.

The Service may become inaccessible or may not function properly with User's web browser, mobile device and/or operating system. The Owner shall not be liable for any perceived or actual damages arising from the content of the Service, the operation or use of this Service.

Federal law, some states and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights that vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

• any indirect, punitive, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or in connection with the use of or inability to use the Service to use ; And
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or the User account or the information contained therein;
• any errors, mistakes or inaccuracies in the content;
• personal injury or property damage of any kind resulting from the User's access to or use of the Service;
• any unauthorized access to or use of the Owner's secure servers and/or any personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, Trojan horses or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service; and/or
• the defamatory, offensive or illegal conduct of a User or third party. In no event shall the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or expenses in an amount exceeding the amount paid by the User to the Owner below in the previous 12 months, or the duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall 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 the Company has been advised of the possibility of such liability. injury.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. Therefore, the above limitations or exclusions may not apply to the User. The terms give the User specific legal rights, and the User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions and limitations of liability under the Terms shall not apply to the extent prohibited by applicable law.

Compensation

The User agrees to defend, indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, liabilities, losses , liabilities, costs or debts, and expenses, including but not limited to legal fees and expenses, arising out of

• The User's use of and access to the Service, including any data or content sent or received by the User;
• User's violation of these Terms, including, but not limited to, User's breach of any of the representations and warranties set forth in these Terms;
• violation by the user of any rights of third parties, including but not limited to any right of privacy or intellectual property rights;
• violation by the user of any legal law, rule or regulation;
• any content submitted from User's account, including third party access using User's unique username, password or other security measure, if applicable, including but not limited to misleading, false or inaccurate information;
• Intentional misconduct by the user; or
• legal provision by the User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law.

COMMON PROVISIONS

NO EXEMPTION

The failure of the Owner to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver of such term or any other term or condition.

SERVICE INTERRUPTION

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates or other changes, informing the Users appropriately.

Within the limits of the law, the Owner may also decide to suspend or terminate the Service entirely. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

In addition, the Service may be unavailable due to reasons beyond the reasonable control of the Owner, such as 'force majeure' (e.g. labor actions, infrastructure defects or power outages, etc.).

RESELLING SERVICES

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and its Service without the express prior written consent of the Owner, either directly or through a legitimate resale program.

PRIVACY POLICY

For more information about the use of their personal data, users can consult the privacy policy of this application.

INTELLECTUAL PROPERTY RIGHTS

Without prejudice to any more specific provision of these Terms, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights relating to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties with regarding intellectual property.

All trademarks – nominal or figurative – and all other brands, trade names, service marks, word marks, artwork, images or logos appearing in connection with this Application are and will remain the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

CHANGES TO THESE TERMS

The Owner reserves the right to change or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service means that the User agrees to the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms may entitle either party to terminate the Agreement.

The applicable prior version will govern the relationship prior to User's acceptance. The User can obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date on which the modified Terms will take effect.

TRANSFER OF CONTRACT

The Owner reserves the right to transfer, assign, dispose of or subcontract any rights or obligations under these Terms, taking into account the legitimate interests of the User. Provisions regarding changes to these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way without the written consent of the Owner.

CONTACTS

All communications regarding the use of this Application must be sent via the contact details provided in this document.

SHARABILITY

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US users

Any such invalid or unenforceable provision shall be construed, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU users

Should any provision of these Terms be or be deemed to be void, invalid or unenforceable, the parties will use their best efforts to reach an amicable agreement on valid and enforceable provisions, replacing the void, invalid or unenforceable portions .
If this is not done, the void, invalid or unenforceable provisions will be replaced by the applicable legal provisions, if this is permitted or stated under the applicable law.

Notwithstanding the foregoing, the nullity, invalidity or impossibility to enforce any particular provision of these Terms shall not void the entire Agreement, unless the severed provisions are essential to the Agreement, or are of such importance that the parties no agreement would have been entered into. the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship for one of the parties.

APPLICABLE LAW

These Terms shall be governed by the laws of the place where the Owner is located, as set forth in the relevant section of this document, without regard to its conflict of law principles.

Exception for European consumers

However, notwithstanding the above, if the User qualifies as a European consumer and is habitually resident in a country where the law provides for a higher standard of consumer protection, these higher standards will prevail.

PLACE OF JURISDICTION

The exclusive jurisdiction to decide any dispute arising out of or in connection with these Terms lies with the courts of the place where the Owner is established, as shown in the relevant section of this document.

Exception for European consumers

The above does not apply to Users who qualify as European Consumers, nor to Consumers located in Switzerland, Norway or Iceland.