Should you require information or help, please contact us by email or by phone and we will be happy to assist you.
WELCOME TO TRUSTEDGUT POLICY PAGE
- Ground shipping within 1 to 10 business days
- Next-day and Express delivery options also available
TrustedGut accepts the following payment methods:
- Credit Card: Visa, MasterCard, Discover, American Express, JCB, Visa Electron. The total will be charged to your card when the order is shipped.
- TrustedGut features a Fast Checkout option, allowing you to securely save your credit card details so that you don't have to re-enter them for future purchases.
- PayPal: Shop easily online without having to enter your credit card details on the website. Your account will be charged once the order is completed. To register for a PayPal account, visit the website paypal.com.
RETURN & REFUND POLICY
Items returned within 14 days of their original shipment date in same as new condition will be eligible for a full refund or store credit. Refunds will be charged back to the original form of payment used for purchase. Customer is responsible for shipping charges when making returns and shipping/handling fees of original purchase is non-refundable.
LAST UPDATED: December 15, 2022
LIMITED LIABILITY COMPANY (COMPANY”
, “WE” , “US” OR “OUR”) MAY GATHER, COLLECT, RECORD, HOLD, DISTRIBUTE,
SHARE, DISCLOSE OR OTHERWISE USE ANY INFORMATION OR DATA ABOUT ANY USER (“USER” OR “YOU” OR “YOUR”) OF COMPANY’S
WEBSITE AT http://www.trustedgut.com (“COMPANY WEBSITE”) OR THROUGH ANY OTHER PROGRAM,
ACTIVITY, TECHNOLOGY PLATFORM, TECHNOLOGY APPLICATION, OR SERVICE OFFERED BY
COMPANY (THE COMPANY WEBSITE AND THESE OTHER PROGRAMS,
ACTIVITIES, PLATFORM, APPLICATIONS AND SERVICES ARE COLLECTIVELY REFERRED TO AS “COMPANY PROGRAM(S)”.
BY CONTINUING TO USE THE COMPANY WEBSITE OR ANY OTHER COMPANY
PROGRAM OFFERED BY COMPANY, YOU HEREBY AGREE TO BE BOUND BY ALL OF THE TERMS
AND CONDITIONS OF THIS POLICY AS IT IS PRESENTED TO YOU AS OF THE DATE OF YOUR
FIRST USE OF ANY COMPANY PROGRAM. NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO
THIS POLICY WILL BE ACCEPTED BY TrustedGut LLC IF YOU DO NOT AGREE TO
ALL THE TERMS AND CONDITIONS OF THIS POLICY, OR YOU DO NOT WISH YOUR PERSONAL
ANY COMPANY PROGRAM (INCLUDING WITHOUT LIMITATION THE COMPANY WEBSITE) AND YOU
SHOULD NOT PROVIDE ANY OF YOUR PERSONAL INFORMATION TO COMPANY CONSORTIUM, INC.
THIS IS A BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND YOU
NOTICE TO CALIFORNIA RESIDENTS: THE CALIFORNIA CONSUMER PRIVACY
ACT (CCPA) PROVIDES CALIFORNIA RESIDENTS WITH SPECIFIC RIGHTS WHICH ARE
EXPLAINED TO THESE PARTIES IN THE FOLLOWING SECTIONS:
NOTICE UNDER THE EUROPEAN UNION’S GENERAL DATA PROTECTION
REGULATION (“GDPR”). THE GDPR PROVIDES THE EU’S DATA SUBJECTS (AS
SUCH TERM IS DEFINED IN THE GDPR) WITH SPECIFIC RIGHTS WHICH ARE EXPLAINED TO
SUCH PARTIES AS FOLLOWS:
INFORMATION WE COLLECT
We collect Personal Information that You provide directly to Us.
For example, we may collect Personal Information from You under these
You inquire about any of Our products or services or You make an online
purchase, We may collect and use your Personal Information to provide the
products and services that You have ordered or requested, to process and
ship orders, to send order and shipping confirmations (or other
transactional information), and to provide customer service and/or future promotional
offers and information that might be of interest to You;
you create an online account with Us that enables You to track Your orders
or receive “back in stock” notifications (although it is not necessary to
create an account in order to use any Company Website), We may collect and
use Your Personal Information to keep You updated about special offers,
send updates related to the Company and the Company Website, and
facilitate checkout during purchase transactions;
You request any customer support or request any exchange or return of any
of the Company’s products or services;
You sign up to receive promotional emails or marketing from Us or if You
otherwise request any information from or about the Company (such as a
newsletter, e-alert, or any other information about Our products,
services, events or business partners), We may contact You about sales,
special offers and new features available through the Company Website
You participate in a contest, promotion or sweepstakes that We sponsor We
may, subject to the terms of the relevant promotion as well as this
and special offers, sales, and new features available through the Company
You provide Us with any other Personal Information about You through the
Company Website or any other Company Program, or via telephone;
You fill out any other information through any Company Program;
also may obtain, collect and aggregate information (including Personal Information)
about You that is provided to us by third parties such as third party
social media sites that You may participate in and who collaborate or work
with Us, as well as from other advertising networks, marketing service
providers, demographic companies, analytics companies, and other vendors
that collaborate or work with Us; or
You communicate with any other representative of our Company or otherwise
communicate with Us in any other way
In these instances, the types of Personal Information that We may
collect from You includes:
address and/or billing address;
(or mobile) number;
of birth or age;
or debit card number and other information about the same (if You make a
payment either directly to Us or by using a third party payment provider
that handles payments and will receive Your payment card information);
about Your bank or checking account (if you make a payment through Your
card information or related gift information;
You provide when You purchase any of Our goods or services, including
product or service parameters or preferences You provided when making a
You provide or otherwise involved in the return or exchange of a product,
such as information about the transaction, product details, purchase
price, and the date and location/media of the transaction.
When a User accesses or otherwise uses the Company Website or any
other Company Program, We automatically collect certain Personal Information
about You, including:
Device Information; Cookies and other Web-based Tracking Technologies We (or our service providers) may collect
information about the computer, tablet, phone or other device you use to
access any of the Company Programs, including the Internet Protocol
address, hardware models, operating system and version, mobile network
information and other unique device identifiers. We (or our service
providers) may also use different technologies such as cookies, web
beacons, or other types of small temporary files or web-based tracking
technologies to gather certain information. Without limiting the
foregoing, We hereby notify You of the following:
Adobe flash technology and other similar technologies, which allow Us to,
among other things, optimize the Company Website and to understand traffic
and usage patterns. A “cookie” is a small data file that is stored on your
hard drive or in connection with your Internet browser which may be
session-based or persistent. Cookies allow parties (including Us, our
service providers and others) to: (a) track your activities on the Company
Website; (b) track clicks, purchases and conversion; (c) recognize Your
computer or device so that You are able to save Your preferences and stay
logged in to the Company Website without having to re-enter Your account
credentials; (d) deliver customized content, messages and advertising to
You; (e) preserve the contents of your shopping cart; and/or (f) otherwise
enhance and personalize Your experience on the Company Website. If You do
not want information collected through cookies, most devices allow You to
being able to use or to enjoy all of the services and features of the
and/or our service providers may use Flash cookies and other similar
technologies, which allow a website to store certain information locally
on an individual’s computer or device and then access and use that
information to enhance and facilitate certain website experiences,
processes and functionality. Flash cookies are different from other cookies
and may not be removed in the same manner. For more information about
cookies, please visit: https://www.allaboutcookies.org/.
and/or our service providers may also use web beacons (also known as
“clear GIFs” or “pixel tags”) for similar purposes. These beacons or tags
are typically small images embedded into emails or the website that verify
when the website is viewed, when an email is opened and when links or
other content in an email are clicked or viewed.
Mobile Access from Social Media Platforms and Networks: If You use a social media platform (such as Facebook)
or a mobile device or application to interact with the Company Website,
these platforms or applications may collect Your Internet Protocol address
or other Personal Information about Your or information about Your device
and they may set a cookie to enable their features to function properly.
These platforms or applications may have their own privacy statement
to that platform or application (see Section 8 regarding Third Party
Sites). For example, if You use a mobile application and Your mobile
device’s settings allow it, We or our service providers may collect mobile
location information from Your device, whether or not You are logged into
our Company Website. If You have questions about the security and privacy
settings of Your mobile device please refer to instructions from Your
mobile service provider or the manufacturer of Your device, and for any
third-party platform You use to access our Company Website, please review
Geo-location Data: Subject to any of Your device
permissions, We (or our service providers) may be able to collect
information about the precise location of your device or may gather other
general location data based on GPS data, mailing address, and/or billing
address (hereinafter collectively referred to as “Geo-location Data”).
Personal Information does not include:
available information from government records.
or aggregated consumer information.
excluded from the CCPA's scope, such as: (i) health or medical information
covered by the Health Insurance Portability and Accountability Act of 1996
(HIPAA) and the California Confidentiality of Medical Information Act
(CMIA) or clinical trial data; or (ii) personal information covered by
certain sector-specific privacy laws, including the Fair Credit Reporting
Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial
Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of
HOW WE USE YOUR INFORMATION.
Provide Service To you:
We use Your Personal Information to process purchase transactions, fulfill
orders, process exchanges, returns and send shipping notifications, to
send support and administrative messages, and to respond to Your comments,
questions, and customer service requests;
Access and Use: If You
provide Personal Information in order to obtain access to or use of the
Company Website, We will use the Personal Information to provide You with
and monitor such access and use. We may also you’re your Personal
Information to personalize Your experience and the advertisements and
content You see when You use any Company Program based on Your
preferences, interests, and browsing and purchasing behavior.;
Internal Business Purposes: We
may use your Personal Information for internal business purposes including,
without limitation, to:
Us improve the content and functionality of the Company Website and to
better understand Our users, including without limitation to monitor and
analyze trends, usage, and activities in connection with Our goods or services;
against fraud, including without limitation to perform credit checks,
credit card screenings or to otherwise protect against fraud or
unauthorized transactions, including by identifying potential
unauthorized users or hackers; and/or
manage Your account and to generally manage the Company Website and Our
Marketing: We may use your Personal
Data for the following reasons:
communicate with You for certain marketing and advertising purposes,
including, without limitation, to inform You about and to facilitate
offers, surveys, contests, sweepstakes, or promotions and process and
deliver entries and rewards, and to display content and advertising on or
off the Company Website which may be of relevance to You; and/or
otherwise communicate with You about any other products, services,
offers, and events offered by Us and others, and provide news and
information We think will be of interest to You.
If You prefer not to receive any of the above mentioned marketing
or promotional communications from Us, you may “Opt Out” at any time by
following the “Opt Out” instructions in Section 5.2 herein
Customer Service: If You
provide Personal Information for a specific reason (such as the resolution
of a customer service issue), We may use the Personal Information in
connection with the reason for which it was provided.
Aggregated Personal Data: We
(either directly or through a service provider) may conduct research on
our customer demographics, interests and behavior based on Personal
Information and other information.
Aggregated Personal Data: We (either directly or through a service
provider) may conduct research on our customer demographics, interests and
Social Media: To
facilitate Your use of various social media sharing features or other
integrated tools (such as the Facebook “Like” button) which You may use as
part of social media pages;
Other Purposes: To carry
out any other purpose described to You at the time the Personal
Information is collected.
use with, or otherwise distribute, share or disclose to, any of the
Company’s professional advisors such as attorneys or accountants (“Outside Professionals”) in order to facilitate
the professional advice from those Outside Professionals; or
use with, or otherwise distribute, share or disclose to, any government
agencies or third parties in order to comply with, or otherwise pursuant
to, any subpoena, court order, or other governmental order, law or
regulation (including without limitation for the Company’s tax reporting).
2.3.1 We will use or share Your Personal
Information only for the purposes as described in this Section 2 and in Section
3 herein, unless We reasonably determine We need to use it for another reason
and that reason is compatible with the original purpose(s) described
herein. For example, We consider de-identification, aggregation, and
other forms of anonymization of Personal Information to be compatible with the
purposes listed herein and in Your interest because the anonymization of such
information reduces the likelihood of improper disclosure of that information.
If We need to use Your Personal Information for an unrelated purpose, We will
notify You and We will explain the legal basis which allows Us to do so.
2.3.2 PLEASE NOTE THAT WE MAY PROCESS YOUR PERSONAL
INFORMATION WITHOUT YOUR KNOWLEDGE OR ADDITIONAL CONSENT IN COMPLIANCE WITH
INCLUDING WITHOUT LIMITATION ANY SUBPOENA OR OTHER TYPES OF COURT ORDERS.
SHARING OF YOUR INFORMATION
We may distribute, share or disclose Personal Information about
You as follows or as otherwise described herein:
Order Fulfillment: If you choose to make a
purchase on the Website, TrustedGut LLC may provide certain information
such as your credit card number, billing address and other information
related to such purchase, to unaffiliated third parties as necessary to
complete your purchase (for example, to process your credit card and/or
ship the products).
Service Providers. We,
like many businesses, sometimes engage other companies to perform certain
business-related functions on our behalf so that we can focus on our core
business. Examples of these services include but are not limited to,
payment processing and authorization, third party credit card processors,
other third party payment service providers, fraud protection and credit
risk reduction, product customization, order fulfillment and shipping,
marketing and promotional material distribution, website evaluation, data
analysis and, where applicable, data cleansing. In connection with
services those service providers provide for Us, We may grant them access
to certain Personal Information or otherwise share or disclose Your
Personal Information with these service provides in connection with the
carrying out the operations of Our Company Programs, including without
limitation the following types of service providers that We may engage:
internet or other telecommunication service providers;
other data storage, or other hosting service providers;
party payment service providers, including without limitation third party
credit card processors (see Third Party Application Providers below);
companies who assist Us with various types of data analytics (see
Analytics Partners below);
parties shippers; or
third party contractors we engage to assist Us in providing Our goods and
We may work with third party advertising companies (collectively, “Advertising Partners”) in order to provide You
with advertisements or other information that We think may interest You.
These Advertising partners may set or access their own cookies, pixel tags
or similar technologies on our Company Programs or they may otherwise
collect or have access to data about You which they may collect over time
and across different online services. These Advertising partners may also
provide Us with their own independent data about potential customers and
such data could include data about You previously collected by the
We may use analytics services provided by a third party analytics service
provider or by using one of their tools, such as but not limited to Google
Analytics, to collect and process certain analytics data. These services
may also collect data about Your use of other websites, apps, and online
Third Party Marketers: We
may share certain information with other marketers whose products or
services We feel may be of interest to you.
Social Media Features.
The Company Programs may offer social media features, including certain
sharing tools or other integrated tools (such as the Facebook “Like”
button), which let You share actions that You take on Our social media
pages. Your use of such features enables the sharing of Personal
Information with the public, depending on the settings You establish with
the entity that provides the social sharing feature.
Facebook and Instagram Advertising: Without limiting the
above description about social media features, We may, in particular,
share Your Personal Information with Facebook. We use a measurement tag
(“Measurement Tag”) that is a Facebook Product that allows Us to send data
about performance of our ads (“Campaign Data”) to Facebook, including to
track impressions and clicks on those ads.
Facebook may process Campaign Data to prepare reports on the impact of
advertising campaigns and other online content (“Campaign Reports”).
Facebook will not disclose the Campaign Reports, or any portion thereof,
to any third party without our permission, unless (i) they have been
combined with Campaigns Reports from numerous other third parties and (ii)
our identifying information is removed from the combined Campaign Reports.
Facebook uses Campaign Data (including that collected on cross-publisher
campaigns) to assess the fractional performance of ads delivered on or
through the Facebook Company Products (such ads, the “Facebook Ads”) only
and use only the results of that Facebook Ad-specific assessment in
connection with ad targeting and delivery optimization. Facebook will not
otherwise use Campaign Data to retarget advertising to an individual, to
append information specific to ads other than Facebook Ads to user
profiles, or in association with our brand (except to provide services to
You), unless Facebook has permission or are required to do so by law.
Facebook may also use Campaign Data to promote safety and security on and
off the Facebook Company Products, to provide measurement and analytics
services, for research and development purposes, and to maintain the integrity
of and to improve the Facebook Company Products.
For more information and the latest version of how Facebook uses data you
can visit: https://www.facebook.com/privacy/policy/ and https://www.facebook.com/privacy/explanation#sharing-partner-information.
Business Transfers, Mergers, Sales, or Other Asset Transfers. We may share or disclose or otherwise transfer Your
Personal Information to the Company’s Outside Professionals (as defined in
Section 2.2 herein), other advisors, potential transactional partners, or
other third parties in connection with the consideration, negotiation, or
completion of a corporate transaction in which We are acquired by or
merged with another company or We sell, liquidate, or transfer all or a
portion of Our assets. The use of Your Personal information following any
Affiliates and Subsidiaries.
We may disclose Your Personal Information with our affiliates or
subsidiaries for any of the purposes described herein.
Legal Requirements, Subpoenas or Similar Government Orders. We may access, preserve, share, or disclose Your
Personal Information if We believe doing so is required or appropriate to:
(i) comply with all laws or regulations, including any tax reporting
requirements of the Company; (ii) comply with any other law enforcement
requests or legal process, such as a court order or subpoena; (iii)
respond to Your requests; or (iv) protect Your, Our, or others’ rights,
property, or safety. FOR THE AVOIDANCE OF
DOUBT, WE MAY BE REQUIRED TO DISCLOSURE YOUR PERSONAL INFORMATION TO: (I)
TAXING AUTHORITIES AS PART OF OUR TAX REPORTING REQUIREMENTS; OR (II) LAW
ENFORCEMENT AUTHORITIES OR OTHER GOVERNMENTAL AGENCIES OR VIA SUBPOENA
ARISING OUT OF YOUR USE OF ANY UNLAWFUL OR INFRINGING CONTENT WHILE USING
ANY COMPANY PROGRAM.
Company’s Outside Professional Advisors. We may share or disclose Your Personal Information
with any of the Company’s Outside Professional Advisors (as defined in
Section 2.2 herein) in order to facilitate the professional advice such
Outside Professionals provide to the Company.
Aggregated Form. We may
make certain automatically-collected, aggregated, or otherwise
de-identified Personal Information available to third parties for various
purposes, including (i) compliance with various reporting obligations;
(ii) for business or marketing purposes; or (iii) to assist such parties
in understanding our Users’ interests, habits, and usage patterns for
certain programs, content, services, advertisements, promotions, and/or
functionality available through the Company Programs.
Other uses: Your Personal Information for other purposes upon
obtaining Your permission.
ADDITIONAL RIGHTS OF CALIFORNIA RESIDENTS UNDER THE CCPA
In addition to the other notices that we have provided in this
California residents regarding their rights under the CCPA:
Each User has the right to request that the Company disclose
certain information to You about the Company’s collection and use of Your
Personal Information over the past 12 months. Once the Company receives and
confirms Your verifiable consumer request (see Section 4.4: Exercising Your Access, Data Portability, and Deletion Rights),
the Company will disclose to You (per your request):
categories of Personal Information We collected about You.
categories of sources for the Personal Information We collected about You.
business or commercial purpose for collecting or selling that Personal
categories of third parties with whom We share that Personal Information.
specific pieces of Personal Information We collected about You (also
called a data portability request).
We sold or disclosed your Personal Information for a business purpose; two
separate lists disclosing:
(if any), identifying the Personal Information categories that each
category of recipient purchased; and
for a business purpose, identifying the Personal Information categories
that each category of recipient obtained.
Each User has the right to request that the Company delete any of
Your Personal Information that the Company collected from You and retained,
subject to certain exceptions. Once the Company receives and confirms Your
verifiable consumer request (see Section 4.4: Exercising Your Access, Data
Portability, and Deletion Rights), the Company will delete (and
direct our service providers to delete) Your Personal Information from our
records, unless an exception applies. However, the Company may deny Your
deletion request if retaining the information is necessary for the Company or
its service provider(s) to:
the transaction for which We collected the Personal Information, provide a
good or service that You requested, take actions reasonably anticipated
within the context of Our ongoing business relationship with You, or
otherwise perform Our contract with You;
security incidents, protect against malicious, deceptive, fraudulent, or
illegal activity, or prosecute those responsible for such activities;
products to identify and repair errors that impair existing intended
free speech, ensure the right of another consumer to exercise their free
speech rights, or exercise another right provided for by law;
with the California Electronic Communications Privacy Act (Cal. Penal Code
§ 1546 et. seq.);
in public or peer-reviewed scientific, historical, or statistical research
in the public interest that adheres to all other applicable ethics and
privacy laws, when the information's deletion may likely render impossible
or seriously impair the research's achievement, if You previously provided
solely internal uses that are reasonably aligned with consumer
expectations based on Your relationship with Us;
with a legal obligation; or
other internal or lawful uses of that information that are compatible with
the context in which You provided it.
To exercise the access, data portability, deletion rights, and
other rights described in this Section 4, the User must submit a verifiable
consumer request to the Company by either:
the Company at 1-562-386-2002
the Company at: firstname.lastname@example.org
Only You, or a person registered with the California Secretary of
State that You authorize to act on Your behalf, may make a verifiable consumer
request to the Company related to Your Personal Information. You may also make
a verifiable consumer request on behalf of Your minor child. You may only make
a verifiable consumer request for access or data portability twice within a
12-month period. The verifiable consumer request must:
sufficient information that allows the Company to reasonably verify that
You are the person about whom We collected Personal Information or an authorized
Your request with sufficient detail that allows the Company to properly
understand, evaluate, and respond to it.
The Company cannot respond to Your request or provide You with
Personal Information if the Company cannot verify Your identity or authority to
make the request and confirm the Personal Information relates to You. Making a
verifiable consumer request does not require You to create an account with us.
The Company will only use Personal Information provided in a verifiable
consumer request to verify the requestor's identity or authority to make the
If You send a verifiable consumer request from You as set forth in
Section 4.4 above, the Company will endeavor to respond to such verifiable
consumer request within forty-five (45) days of its receipt. If We require more
time (up to a total aggregate of 90 days), the Company will inform You of the
reason and extension period in writing. If You have an account with Us, We will
deliver our written response to that account. If You do not have an account
with Us, We will deliver Our written response by mail or electronically. Any
disclosures We provide will only cover the 12-month period preceding the
verifiable consumer request's receipt. The response We provide will also
explain the reasons We cannot comply with a request, if applicable. For data
portability requests, We will select a format to provide Your Personal
Information that is readily useable and should allow You to transmit the
information from one entity to another entity without hindrance. We do not
charge a fee to process or respond to Your verifiable consumer request unless
it is excessive, repetitive, or manifestly unfounded. If We determine that the
request warrants a fee, We will tell You why We made that decision and provide You
with a cost estimate before completing Your request.
The Company will not discriminate against You for exercising any
of Your rights under the CCPA. Unless permitted by the CCPA, We will not:
You goods or services;
You different prices or rates for goods or services, including through
granting discounts or other benefits, or imposing penalties;
You a different level or quality of goods or services; or
that You may receive a different price or rate for goods or services or a
different level or quality of goods or services.
CERTAIN ADDITIONAL CHOICES YOU MAY HAVE ABOUT YOUR INFORMATION
We receive Your Opt Out notice, We will use commercially reasonable
efforts, in a commercially reasonable time period, to try to carry out
such Opt Out request, provided, however, We do not have any obligation to
retrieve, and cannot prevent the further use by others of, any of Your
Personal Information which may have been shared up to that time by Us
You elect to Opt Out, and provided You properly delivered Your Opt Out
request to the Company in accordance with this Section 5.2, You will no
longer receive emails directly from Us after a commercially reasonable
time from the date You sent Your Opt Out notice to the Company, provided,
(i) The Company does not have any obligations under, or
share Your Personal Information with, or use by, any other internet websites,
forums, or programs that You may have linked to via the Company Website which are
not under the Company’s direct control or ownership. Accordingly, after sending
Your Opt Out to the Company, You may need to contact these other entities
directly regarding their use of Your Personal Information (see Section 8
regarding Third Party Sites).
(ii) If You Opt Out of receiving future communications, You may
still be sent certain transactional communications related to the purchase or
shipment of those items. For example, if You placed an order online, We will
send You an email confirming Your order and may need to contact You by phone,
email and/or regular mail if We have questions about Your order.
(iii) Even after You Opt Out, We may send You messages if we are
required to do so by law.
Each User confirms and agrees that by the User’s act of using any
of the Company Programs, including without limitation uploading any of the
User’s Personal Information or any other content via any Company Program, the
User: (a) unconditionally agrees to all of the terms and conditions of this
any rights that User may have separately granted to the Company pursuant to any
other agreement that the User may have separately entered into with the
USER RESPONSIBLE FOR UPDATING USER’S OWN PERSONAL INFORMATION.
Users are solely responsible for correcting, updating, or
modifying any and all of the User’s Personal Information as it appears in, and
as otherwise stored or contained in, any Company Program. Without in any way
limiting the foregoing, User acknowledges and agrees that the Company does not
have an independent obligation to maintain the accuracy or completeness of any
of Personal Information provided by the User to the Company, including such
Personal Information once it is stored, described or otherwise contained in the
Company Website or in any other Company Program.
LINKS TO, AND USE OF, THIRD PARTY SITES OR PROGRAMS.
The Company Website or other Company Programs may now or in the
future provide links or other access to Internet websites, forums or other
programs which are not under the Company’s sole control and not solely owned by
the Company (collectively referred to as “Third Party Sites”).
If a User clicks on a link to, or otherwise gains access to, any such Third
Party Site, the User will be transported to one of these Third Party Sites.
OTHER COMPANY PROGRAMS DIRECTLY OWNED BY THE COMPANY. THEREFORE, THIS
ANY OF THESE THIRD PARTY SITES; AND (B) DOES NOT GOVERN THE
COLLECTION OR USE OF YOUR PERSONAL INFORMATION BY THE THIRD PARTY SITES.
THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OF ANY OF THESE
THIRD PARTY SITES. IF A USER CLICKS ON A LINK TO, OR IS SENT TO A LINK
OF, OR OTHERWISE GAINS ACCESS TO, A THIRD PARTY SITE, THE USER SHOULD REVIEW
THE PRIVACY STATEMENTS OR POLICIES OF SUCH THIRD PARTY SITES (IF ANY) TO
DETERMINE THAT PARTICULAR THIRD PARTY SITES’ PRACTICES WITH REGARD TO THE
COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH USER AGREES
THAT IF THE USER USES ANY THIRD PARTY SITES IN ANY WAY, THE USER IS AWARE
THAT ANY OF THE USER’S PERSONAL INFORMATION THAT THE USER PROVIDES TO THAT
THIRD PARTY SITE MIGHT BE READ, COLLECTED, SHARED, DISTRIBUTED, OR OTHERWISE
USED BY OTHER USERS OF THAT THIRD PARTY SITE OR BY ANY OTHER THIRD PARTIES, AND
COULD BE USED TO SEND THE USER UNSOLICITED MESSAGES. THE COMPANY IS NOT
RESPONSIBLE FOR ANY PERSONAL INFORMATION THAT THE USER ELECTS TO SUBMIT IN, OR
OTHERWISE MAKE AVAILABLE TO, THESE THIRD PARTY SITES.
Any link to any Third Party Site from the Company Website or any
other Company Program does not imply any endorsement of the privacy practices
of such Third Party Site by the Company, and no such Third Party Site is
authorized to make any representation or warranty on our behalf.
ADDITIONAL NOTICE UNDER THE EUROPEAN UNION’S GENERAL DATA
PROTECTION REGULATION (“GDPR”).
Data Subjects (as such term is defined in the GDPR are hereby
notified that they have the following additional rights pursuant to the GDPR:
to GDPR Article 15 (Right of Access by the Data Subject), to obtain from
Us confirmation as to whether or not Personal Data (as such term is
defined in the GDPR) has been Processed (as such term is defined in the
GDPR) and, if that is the case, access to that Personal Data and
additional information about how it has been Processed, including without
limitation: (i) the purpose of the Processing; (ii) the category of
Personal Data concerned; (iii) the categories of recipients to whom the
Data Subject’s Personal Data has been disclosed; (iv) the planned
retention period; (v) the existence of Your right of rectification,
deletion, limitation of processing or opposition; (vi) the existence of a
right to complain; (vii) the source of the collection of Personal Data if
not collected from Us; (viii) and the existence of automated
decision-making including profiling and, where appropriate, meaningful
information about their details;
to GDPR Article 16 (Right to Rectification), to request the correction
(modification) of incorrect Personal Data or any completed Personal Data
stored by Us;
to GDPR Article 17 (Right to Erasure; “Right to be Forgotten”), to request
the deletion of the Data Subject’s Personal Data stored by Us, except for
the allowed continued uses permitted by the GDPR, including without
limitation as far as the Processing is needed to exercise the right to
freedom of expression and information, for the fulfillment of a legal
obligations, for reasons of the public interest or for the assertion,
exercise or defense of legal claims if required;
to GDPR Article 18 (Right to Restriction of Processing), to demand
the restriction of the Processing of the Data Subject’s Personal Data
where one of the following applies: (i) as far as the accuracy of the
Personal Data is disputed by the Data Subject; (ii) the Processing of the
Personal Data is unlawful, but the Data Subject rejects its
deletion; (iii) We no longer need the Personal Data, but the Data Subject
requires it to exercise or defend legal claims; or (iv) the Data Subject
has objected to the Processing of the Personal Data in accordance with
GDPR Article 21;
to GDPR Article 20 (Right to Data Portability), the right of the Data
Subject to receive his/her Personal Data as provided to Us, in a
structured, common and machine-readable format or to request the transfer
to another person responsible;
to GDPR Article 7(3) (Conditions of Consent), the Data Subject’s right to
withdraw, at any time, the Data Subject’s once granted consent. As a
result, We are no longer allowed to continue the Processing of Personal
Data based on that consent for the future, but such withdrawal does not
affect the lawfulness of the Processing of Personal Data based on such
consent before such withdrawal; and
to GDPR Article 77 (right to Lodge a Complaint with a Supervisory
Authority), the right of the Data Subject to complain to a Supervisory
Authority, as such term is defined in the GDPR. As a general rule, the
Data Subject can contact the Supervisory Authority of the Data Subject’s
usual place of residence or work or place of the alleged infringement.
NOTICE TO CANADIAN RESIDENTS
Canadian residents are entitled to receive certain information
about the collection, use and disclosure of their Personal Information. We
collect, use, and disclose your Personal Data with Your consent, which may be
express or implied. You may withdraw Your consent to the use and disclosure of
CROSS-BORDER DATA TRANSFERS
Information, including information collected in the European
Economic Area (“EEA”) may be transferred, stored and processed by us and our
services providers in the United States and other countries whose data
protection laws may be different than the laws of your country. We will protect
processed and take appropriate steps to protect the information in accordance
with applicable laws.
If you live in the EEA, or a similar international area, you may
have additional privacy rights available to you under applicable laws. We will
process your requests in accordance with applicable data protection laws. If
you would like to exercise any of the below rights, please contact: email@example.com so that we may
consider your request in accordance with applicable law:
not to provide or withdraw consent: You have the right not to provide or
withdraw your consent at any time.
of access: You may have the right to access the Personal Data that you
of erasure: You may have the right to the erasure of Personal Data that we
hold about you.
to object to processing: You may have the right to request that we stop
processing your Personal Data and/or to stop sending you marketing
to rectification: You may have the right to require us to correct any of
your Personal Data.
YOUR U.K. PRIVACY RIGHTS
Users from the United Kingdom (U.K). have the right to ask us to
amend or limit the processing of their Personal Data, (as defined by U.K. law)
and in particular, not to process their Personal Data for marketing purposes.
We will inform you (before collecting your personal data) if we intend to use
your Personal Data for such purposes or if we intend to disclose your Personal
Data to any third party for such purposes. You can exercise your rights to
prevent such processing by checking certain boxes on the forms we use to
collect your Personal Data. You can also exercise the right at any time by
contacting us at: firstname.lastname@example.org The U.K. Data Protection Act
1998 (“the DPA 1998”) gives users from the U.K. the right to access information
held about you. Your right of access can be exercised in accordance with the
DPA 1998. Any access request may be subject to a fee of £10 to meet our costs
in providing you with details of the information we hold about you.
Identity theft and “phishing” are of great concern to
us. Please note that TrustedGut will not, at any time, ask you to provide
your Personal Data or other personal information in a non-secure or unsolicited
email. If you receive such an email, please contact us to bring it to our
attention. For more information about phishing, visit the Federal Trade
Commission at https://consumer.ftc.gov/articles/how-recognize-and-avoid-phishing-scams.
UPDATES TO THIS POLICY
We reserve the right to update, change, amend or
previously collected, as permitted by law. Please review our Privacy
Policy before you provide any Personal Data and periodically on an ongoing
basis.. YOU HEREBY AGREE THAT YOU ARE BOUND BY THE VERSION OF THIS
THE NEXT TIME YOU USE THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM.
ANY USE OF THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM BY YOU AFTER SUCH
AMENDMENT(S) SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY THE USER OF THE
AMENDMENT(S) FOR USE OF ALL COMPANY PROGRAMS. EACH USER SHOULD REGULARLY
228 Redondo Ave
Long Beach, California 90803
P 562-386-2002 – Monday through Friday 8:30 am to 5:30 pm (PST)
TERMS AND CONDITIONS OF TrustedGut
THESE TERMS GOVERN
THE USE OF THIS APPLICATION, AND,
ANY OTHER RELATED AGREEMENT OR LEGAL
RELATIONSHIP WITH THE OWNER
IN A LEGALLY BINDING WAY.
CAPITALIZED WORDS ARE DEFINED IN THE RELEVANT DEDICATED SECTION OF THIS
THE USER MUST READ THIS DOCUMENT
THIS APPLICATION IS PROVIDED BY:
228 REdondo Ave. Long BEach, CA 90803
OWNER CONTACT EMAIL: email@example.com
WHAT THE USER SHOULD KNOW AT A
THE RIGHT OF WITHDRAWAL ONLY APPLIES TO
EUROPEAN CONSUMERS. THE RIGHT OF WITHDRAWAL, ALSO COMMONLY CALLED THE
RIGHT OF CANCELLATION IN THE UK, IS CONSISTENTLY REFERRED TO AS “THE RIGHT
OF WITHDRAWAL” WITHIN THIS DOCUMENT.
PLEASE NOTE THAT SOME PROVISIONS IN THESE
TERMS MAY ONLY APPLY TO CERTAIN CATEGORIES OF USERS. IN PARTICULAR,
CERTAIN PROVISIONS MAY ONLY APPLY TO CONSUMERS OR TO THOSE USERS THAT DO
NOT QUALIFY AS CONSUMERS. SUCH LIMITATIONS ARE ALWAYS EXPLICITLY MENTIONED
WITHIN EACH AFFECTED CLAUSE. IN THE ABSENCE OF ANY SUCH MENTION, CLAUSES
APPLY TO ALL USERS.
UNLESS OTHERWISE SPECIFIED, THE
SINGLE OR ADDITIONAL CONDITIONS
OF USE OR ACCESS MAY APPLY IN SPECIFIC SCENARIOS AND IN SUCH CASES ARE
ADDITIONALLY INDICATED WITHIN THIS DOCUMENT.
BY USING THIS APPLICATION, USERS
CONFIRM TO MEET THE FOLLOWING REQUIREMENTS:
THERE ARE NO RESTRICTIONS FOR USERS IN
TERMS OF BEING CONSUMERS OR BUSINESS USERS;
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,
HOWEVER, THIS MAY CAUSE LIMITED AVAILABILITY OF CERTAIN FEATURES OR FUNCTIONS.
USERS ARE RESPONSIBLE FOR
KEEPING THEIR LOGIN CREDENTIALS CONFIDENTIAL AND SAFE. 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
USERS ARE REQUIRED TO IMMEDIATELY AND UNAMBIGUOUSLY INFORM THE OWNER VIA THE
CONTACT DETAILS INDICATED IN THIS DOCUMENT, IF THEY THINK THEIR PERSONAL
INFORMATION, INCLUDING BUT NOT LIMITED TO USER ACCOUNTS, ACCESS CREDENTIALS OR PERSONAL
DATA, HAVE BEEN VIOLATED, UNDULY DISCLOSED OR STOLEN.
USERS CAN TERMINATE THEIR
ACCOUNT AND STOP USING THE SERVICE AT ANY TIME BY DOING THE FOLLOWING:
BY DIRECTLY CONTACTING THE OWNER AT THE
CONTACT DETAILS PROVIDED IN THIS DOCUMENT.
ACCOUNT SUSPENSION AND DELETION
THE OWNER RESERVES THE RIGHT, AT
ITS SOLE DISCRETION, TO SUSPEND OR DELETE AT ANY TIME AND WITHOUT NOTICE, USER
ACCOUNTS WHICH IT DEEMS INAPPROPRIATE, OFFENSIVE OR IN VIOLATION OF THESE
THE SUSPENSION OR DELETION OF
USER ACCOUNTS SHALL NOT ENTITLE USERS TO ANY CLAIMS FOR COMPENSATION, DAMAGES
THE SUSPENSION OR DELETION OF
ACCOUNTS DUE TO CAUSES ATTRIBUTABLE TO THE USER DOES NOT EXEMPT THE USER FROM
PAYING ANY APPLICABLE FEES OR PRICES.
CONTENT ON THIS APPLICATION
UNLESS WHERE OTHERWISE SPECIFIED
OR CLEARLY RECOGNIZABLE, ALL CONTENT AVAILABLE ON THIS APPLICATION IS OWNED OR
PROVIDED BY THE OWNER OR ITS LICENSORS.
THE OWNER UNDERTAKES ITS UTMOST
EFFORT TO ENSURE THAT THE CONTENT PROVIDED ON THIS APPLICATION INFRINGES NO
APPLICABLE LEGAL PROVISIONS OR THIRD-PARTY RIGHTS. HOWEVER, IT MAY NOT ALWAYS
BE POSSIBLE TO ACHIEVE SUCH A RESULT.
IN SUCH CASES, WITHOUT PREJUDICE TO ANY LEGAL PREROGATIVES OF USERS TO ENFORCE
THEIR RIGHTS, USERS ARE KINDLY ASKED TO PREFERABLY REPORT RELATED COMPLAINTS
USING THE CONTACT DETAILS PROVIDED IN THIS DOCUMENT.
RIGHTS REGARDING CONTENT ON THIS APPLICATION - ALL RIGHTS
THE OWNER HOLDS AND RESERVES ALL
INTELLECTUAL PROPERTY RIGHTS FOR ANY SUCH CONTENT.
USERS MAY NOT THEREFORE USE SUCH
CONTENT IN ANY WAY THAT IS NOT NECESSARY OR IMPLICIT IN THE PROPER USE OF THE
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 FROM THE
CONTENT AVAILABLE ON THIS APPLICATION, NOR ALLOW ANY THIRD PARTY TO DO SO
THROUGH THE USER OR THEIR DEVICE, EVEN WITHOUT THE USER'S KNOWLEDGE.
WHERE EXPLICITLY STATED ON THIS
APPLICATION, THE USER MAY DOWNLOAD, COPY AND/OR SHARE SOME CONTENT AVAILABLE
THROUGH THIS APPLICATION FOR ITS SOLE PERSONAL AND NON-COMMERCIAL USE AND
PROVIDED THAT THE COPYRIGHT ATTRIBUTIONS AND ALL THE OTHER ATTRIBUTIONS
REQUESTED BY THE OWNER ARE CORRECTLY IMPLEMENTED.
ANY APPLICABLE STATUTORY
LIMITATION OR EXCEPTION TO COPYRIGHT SHALL STAY UNAFFECTED.
ACCESS TO EXTERNAL RESOURCES
THROUGH THIS APPLICATION USERS
MAY HAVE ACCESS TO 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.
CONDITIONS APPLICABLE TO ANY
RESOURCES PROVIDED BY THIRD PARTIES, INCLUDING THOSE APPLICABLE TO ANY POSSIBLE
GRANT OF RIGHTS IN CONTENT, RESULT FROM EACH SUCH THIRD PARTIES’ TERMS AND
CONDITIONS OR, IN THE ABSENCE OF THOSE, APPLICABLE STATUTORY LAW.
THIS APPLICATION AND THE SERVICE
MAY ONLY BE USED WITHIN THE SCOPE OF WHAT THEY ARE PROVIDED FOR, UNDER THESE
TERMS AND APPLICABLE LAW.
USERS ARE SOLELY RESPONSIBLE FOR
MAKING SURE THAT THEIR USE OF THIS APPLICATION AND/OR THE SERVICE VIOLATES NO
APPLICABLE LAW, REGULATIONS OR THIRD-PARTY RIGHTS.
THEREFORE, THE OWNER RESERVES
THE RIGHT TO TAKE ANY APPROPRIATE MEASURE TO PROTECT ITS LEGITIMATE INTERESTS
INCLUDING BY DENYING USERS ACCESS TO THIS APPLICATION OR THE SERVICE,
TERMINATING CONTRACTS, REPORTING ANY MISCONDUCT PERFORMED THROUGH THIS
APPLICATION OR THE SERVICE TO THE COMPETENT AUTHORITIES – SUCH AS JUDICIAL OR
ADMINISTRATIVE AUTHORITIES - WHENEVER USERS ENGAGE OR ARE SUSPECTED TO ENGAGE
IN ANY OF THE FOLLOWING ACTIVITIES:
VIOLATE LAWS, REGULATIONS AND/OR THESE
INFRINGE ANY THIRD-PARTY RIGHTS;
CONSIDERABLY IMPAIR THE OWNER’S LEGITIMATE
OFFEND THE OWNER OR ANY THIRD PARTY.
TERMS AND CONDITIONS OF SALE
SOME OF THE PRODUCTS PROVIDED ON
THIS APPLICATION, AS PART OF THE SERVICE, ARE PROVIDED ON THE BASIS OF PAYMENT.
THE FEES, DURATION AND
CONDITIONS APPLICABLE TO THE PURCHASE OF SUCH PRODUCTS ARE DESCRIBED BELOW AND
IN THE DEDICATED SECTIONS OF THIS APPLICATION.
PRICES, DESCRIPTIONS OR
AVAILABILITY OF PRODUCTS ARE OUTLINED IN THE RESPECTIVE SECTIONS OF THIS
APPLICATION AND ARE SUBJECT TO CHANGE WITHOUT NOTICE.
WHILE PRODUCTS ON THIS
APPLICATION ARE PRESENTED WITH THE GREATEST ACCURACY TECHNICALLY POSSIBLE,
REPRESENTATION ON THIS APPLICATION THROUGH ANY MEANS (INCLUDING, AS THE CASE
MAY BE, GRAPHIC MATERIAL, IMAGES, COLORS, SOUNDS) IS FOR REFERENCE ONLY AND
IMPLIES NO WARRANTY AS TO THE CHARACTERISTICS OF THE PURCHASED PRODUCT.
THE CHARACTERISTICS OF THE
CHOSEN PRODUCT WILL BE OUTLINED DURING THE PURCHASING PROCESS.
ANY STEPS TAKEN FROM CHOOSING A
PRODUCT TO ORDER SUBMISSION FORM PART OF THE PURCHASING PROCESS.
THE PURCHASING PROCESS INCLUDES
USERS MUST CHOOSE THE DESIRED PRODUCT AND
VERIFY THEIR PURCHASE SELECTION.
AFTER HAVING REVIEWED THE INFORMATION
DISPLAYED IN THE PURCHASE SELECTION, USERS MAY PLACE THE ORDER BY
WHEN THE USER SUBMITS AN ORDER,
THE FOLLOWING APPLIES:
THE SUBMISSION OF AN ORDER DETERMINES
CONTRACT CONCLUSION AND THEREFORE CREATES FOR THE USER THE OBLIGATION TO
PAY THE PRICE, TAXES AND POSSIBLE FURTHER FEES AND EXPENSES, AS SPECIFIED
ON THE ORDER PAGE.
IN CASE THE PURCHASED PRODUCT REQUIRES
ACTIVE INPUT FROM THE USER, SUCH AS THE PROVISION OF PERSONAL INFORMATION
OR DATA, SPECIFICATIONS OR SPECIAL WISHES, THE ORDER SUBMISSION CREATES AN
OBLIGATION FOR THE USER TO COOPERATE ACCORDINGLY.
UPON SUBMISSION OF THE ORDER, USERS WILL
RECEIVE A RECEIPT CONFIRMING THAT THE ORDER HAS BEEN RECEIVED.
ALL NOTIFICATIONS RELATED TO THE
DESCRIBED PURCHASING PROCESS SHALL BE SENT TO THE EMAIL ADDRESS PROVIDED BY THE
USER FOR SUCH PURPOSES.
USERS ARE INFORMED DURING THE
PURCHASING PROCESS AND BEFORE ORDER SUBMISSION, ABOUT ANY FEES, TAXES AND COSTS
(INCLUDING, IF ANY, DELIVERY COSTS) THAT THEY WILL BE CHARGED.
PRICES ON THIS APPLICATION ARE
EITHER EXCLUSIVE OR INCLUSIVE OF ANY
APPLICABLE FEES, TAXES AND COSTS, DEPENDING ON THE SECTION THE USER IS
METHODS OF PAYMENT
INFORMATION RELATED TO ACCEPTED
PAYMENT METHODS ARE MADE AVAILABLE DURING THE PURCHASING PROCESS.
SOME PAYMENT METHODS MAY ONLY BE
AVAILABLE SUBJECT TO ADDITIONAL CONDITIONS OR FEES. IN SUCH CASES RELATED
INFORMATION CAN BE FOUND IN THE DEDICATED SECTION OF THIS APPLICATION.
ALL PAYMENTS ARE INDEPENDENTLY
PROCESSED THROUGH THIRD-PARTY SERVICES. THEREFORE, THIS APPLICATION DOES NOT
COLLECT ANY PAYMENT INFORMATION – SUCH AS CREDIT CARD DETAILS – BUT ONLY
RECEIVES A NOTIFICATION ONCE THE PAYMENT HAS BEEN SUCCESSFULLY COMPLETED.
IF PAYMENT THROUGH THE AVAILABLE
METHODS FAIL OR IS REFUSED BY THE PAYMENT SERVICE PROVIDER, THE OWNER SHALL BE
UNDER NO OBLIGATION TO FULFIL THE PURCHASE ORDER. ANY POSSIBLE COSTS OR FEES
RESULTING FROM THE FAILED OR REFUSED PAYMENT SHALL BE BORNE BY THE USER.
RETENTION OF PRODUCT OWNERSHIP
UNTIL PAYMENT OF THE TOTAL
PURCHASE PRICE IS RECEIVED BY THE OWNER, ANY PRODUCTS ORDERED SHALL NOT BECOME
THE USER’S PROPERTY.
DELIVERIES ARE MADE TO THE
ADDRESS INDICATED BY THE USER AND IN THE MANNER SPECIFIED IN THE ORDER SUMMARY.
UPON DELIVERY, USERS MUST VERIFY
THE CONTENT OF THE DELIVERY AND REPORT ANOMALIES WITHOUT UNDUE DELAY, USING THE
CONTACT DETAILS PROVIDED IN THIS DOCUMENT OR AS DESCRIBED IN THE DELIVERY NOTE.
USERS MAY REFUSE TO ACCEPT THE PARCEL IF VISIBLY DAMAGED.
GOODS ARE DELIVERED TO THE
COUNTRIES OR TERRITORIES SPECIFIED IN THE RELEVANT SECTION OF THIS APPLICATION.
DELIVERY TIMES ARE SPECIFIED ON
THIS APPLICATION OR DURING THE PURCHASING PROCESS.
THE OWNER CANNOT BE HELD
RESPONSIBLE FOR DELIVERY ERRORS DUE TO INACCURACIES OR INCOMPLETENESS IN THE
EXECUTION OF THE PURCHASE ORDER BY THE USER, NOR FOR ANY DAMAGES OR DELAYS
AFTER HANDOVER TO THE CARRIER IF THE LATTER IS ARRANGED BY THE USER.
IF THE GOODS ARE NOT RECEIVED OR
COLLECTED AT THE TIME OR WITHIN THE DEADLINE SPECIFIED, THE GOODS WILL BE
RETURNED TO THE OWNER, WHO WILL CONTACT THE USER TO SCHEDULE A SECOND DELIVERY
ATTEMPT OR TO AGREE ON THE FUTURE COURSE OF ACTION.
UNLESS OTHERWISE AGREED, ANY
DELIVERY ATTEMPT STARTING FROM THE SECOND SHALL BE AT THE USER’S EXPENSE.
RIGHT OF WITHDRAWAL
UNLESS EXCEPTIONS APPLY, THE
USER MAY BE ELIGIBLE TO WITHDRAW FROM THE CONTRACT WITHIN THE PERIOD SPECIFIED
BELOW (GENERALLY 14 DAYS), FOR ANY REASON AND WITHOUT JUSTIFICATION. USERS CAN
LEARN MORE ABOUT THE WITHDRAWAL CONDITIONS WITHIN THIS SECTION.
WHO THE RIGHT OF WITHDRAWAL APPLIES TO
UNLESS ANY APPLICABLE EXCEPTION
IS MENTIONED BELOW, USERS WHO ARE EUROPEAN CONSUMERS ARE GRANTED A STATUTORY
CANCELLATION RIGHT UNDER EU RULES, TO WITHDRAW FROM CONTRACTS ENTERED INTO
ONLINE (DISTANCE CONTRACTS) WITHIN THE SPECIFIED PERIOD APPLICABLE TO THEIR
CASE, FOR ANY REASON AND WITHOUT JUSTIFICATION.
USERS THAT DO NOT FIT THIS
QUALIFICATION, CANNOT BENEFIT FROM THE RIGHTS DESCRIBED IN THIS SECTION.
EXERCISING THE RIGHT OF WITHDRAWAL
TO EXERCISE THEIR RIGHT OF
WITHDRAWAL, USERS MUST SEND TO THE OWNER AN UNEQUIVOCAL STATEMENT OF THEIR
INTENTION TO WITHDRAW FROM THE CONTRACT.
TO THIS END, USERS MAY USE THE
MODEL WITHDRAWAL FORM AVAILABLE FROM WITHIN THE “DEFINITIONS” SECTION OF THIS
DOCUMENT. USERS ARE, HOWEVER, FREE TO EXPRESS THEIR INTENTION TO WITHDRAW FROM
THE CONTRACT BY MAKING AN UNEQUIVOCAL STATEMENT IN ANY OTHER SUITABLE WAY. IN
ORDER TO MEET THE DEADLINE WITHIN WHICH THEY CAN EXERCISE SUCH RIGHT, USERS
MUST SEND THE WITHDRAWAL NOTICE BEFORE THE WITHDRAWAL PERIOD EXPIRES.
WHEN DOES THE WITHDRAWAL PERIOD
REGARDING THE PURCHASE OF GOODS, THE WITHDRAWAL PERIOD EXPIRES 14
DAYS AFTER THE DAY ON WHICH THE USER OR A THIRD PARTY – OTHER THAN THE
CARRIER AND DESIGNATED BY THE USER – TAKES PHYSICAL POSSESSION OF THE
REGARDING THE PURCHASE OF SEVERAL GOODS ORDERED
TOGETHER BUT DELIVERED
SEPARATELY OR IN CASE OF PURCHASE OF A SINGLE GOOD CONSISTING OF MULTIPLE
LOTS OR PIECES DELIVERED SEPARATELY, THE WITHDRAWAL PERIOD EXPIRES 14 DAYS
AFTER THE DAY ON WHICH THE USER OR A THIRD PARTY – OTHER THAN THE CARRIER
AND DESIGNATED BY THE USER – ACQUIRES PHYSICAL POSSESSION OF THE LAST
GOOD, LOT OR PIECE.
EFFECTS OF WITHDRAWAL
USERS WHO CORRECTLY WITHDRAW
FROM A CONTRACT WILL BE REIMBURSED BY THE OWNER FOR ALL PAYMENTS MADE TO THE
OWNER, INCLUDING, IF ANY, THOSE COVERING THE COSTS OF DELIVERY.
HOWEVER, ANY ADDITIONAL COSTS
RESULTING FROM THE CHOICE OF A PARTICULAR DELIVERY METHOD OTHER THAN THE LEAST
EXPENSIVE TYPE OF STANDARD DELIVERY OFFERED BY THE OWNER, WILL NOT BE
SUCH REIMBURSEMENT SHALL BE MADE
WITHOUT UNDUE DELAY AND, IN ANY EVENT, NO LATER THAN 14 DAYS FROM THE DAY ON
WHICH THE OWNER IS INFORMED OF THE USER’S DECISION TO WITHDRAW FROM THE
CONTRACT. UNLESS OTHERWISE AGREED WITH THE USER, REIMBURSEMENTS WILL BE MADE
USING THE SAME MEANS OF PAYMENT AS USED TO PROCESS THE INITIAL TRANSACTION. IN
ANY EVENT, THE USER SHALL NOT INCUR ANY COSTS OR FEES AS A RESULT OF SUCH
…ON THE PURCHASE OF PHYSICAL GOODS
UNLESS THE OWNER HAS OFFERED TO
COLLECT THE GOODS, USERS SHALL SEND BACK THE GOODS OR HAND THEM OVER TO THE
OWNER, OR TO A PERSON AUTHORIZED BY THE LATTER TO RECEIVE THE GOODS, WITHOUT
UNDUE DELAY AND IN ANY EVENT WITHIN 14 DAYS FROM THE DAY ON WHICH THEY COMMUNICATED
THEIR DECISION TO WITHDRAW FROM THE CONTRACT.
THE DEADLINE IS MET IF THE GOODS
ARE HANDED TO THE CARRIER, OR OTHERWISE RETURNED AS INDICATED ABOVE, BEFORE THE
EXPIRATION OF THE 14-DAYS-PERIOD FOR RETURNING THE GOODS. THE REIMBURSEMENT MAY
BE WITHHELD UNTIL RECEPTION OF THE GOODS, OR UNTIL USERS HAVE SUPPLIED EVIDENCE
OF HAVING RETURNED THE GOODS, WHICHEVER IS THE EARLIEST.
USERS SHALL ONLY BE LIABLE FOR
ANY DIMINISHED VALUE OF THE GOODS RESULTING FROM THE HANDLING OF THE GOODS
OUTSIDE OF THAT WHICH IS NECESSARY TO ESTABLISH THEIR NATURE, CHARACTERISTICS
THE COSTS OF RETURNING THE GOODS
ARE BORNE BY THE USER.
LEGAL GUARANTEE OF CONFORMITY FOR GOODS
UNDER EU LAW, FOR A MINIMUM
PERIOD OF 2 YEARS AFTER DELIVERY, TRADERS GUARANTEE THE CONFORMITY OF THE GOODS
THEY SELL. THIS MEANS THAT TRADERS MUST ENSURE THAT THE GOODS PURCHASED HAVE
THE PROMISED QUALITY, OR THE QUALITY THAT CAN BE REASONABLY EXPECTED,
FUNCTIONALITY OR CHARACTERISTICS FOR AT LEAST TWO YEARS AFTER THEY’VE BEEN
DELIVERED TO THE PURCHASER.
WHERE USERS QUALIFY AS EUROPEAN
CONSUMERS, THE LEGAL GUARANTEE OF CONFORMITY FOR GOODS APPLIES TO THE ITEMS
AVAILABLE ON THIS APPLICATION IN ACCORDANCE WITH THE LAWS OF THE COUNTRY OF
THEIR HABITUAL RESIDENCE.
NATIONAL LAWS OF SUCH COUNTRY
MAY GRANT SUCH USERS BROADER RIGHTS.
CONSUMERS WHO DO NOT QUALIFY AS
EUROPEAN MAY BENEFIT FROM LEGAL GUARANTEE OF CONFORMITY RIGHTS IN ACCORDANCE
WITH THE LEGISLATION OF THE COUNTRY OF THEIR HABITUAL RESIDENCE.
LIABILITY AND INDEMNIFICATION
DISCLAIMER OF WARRANTIES
THIS APPLICATION IS PROVIDED
STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT
USERS’ OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER
EXPRESSLY DISCLAIMS ALL CONDITIONS, 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. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY USER FROM OWNER OR THROUGH THE SERVICE WILL 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 USERS’
REQUIREMENTS; 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 USERS OWN RISK AND USERS SHALL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO USERS’ COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS
FROM SUCH DOWNLOAD OR USERS’ USE OF THE SERVICE.
THE OWNER DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED
WEBSITE OR SERVICE, AND THE OWNER SHALL NOT BE A PARTY TO OR IN ANY WAY MONITOR
ANY TRANSACTION BETWEEN USERS AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
THE SERVICE MAY BECOME
INACCESSIBLE OR IT MAY NOT FUNCTION PROPERLY WITH USERS’ WEB BROWSER, MOBILE
DEVICE, AND/OR OPERATING SYSTEM. THE OWNER CANNOT BE HELD LIABLE FOR ANY
PERCEIVED OR ACTUAL DAMAGES ARISING FROM SERVICE CONTENT, OPERATION, OR USE OF
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 WHICH
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 THE 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 WITHOUT LIMITATION
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE
ANY DAMAGE, LOSS OR INJURY RESULTING FROM
HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR
USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN;
ANY ERRORS, MISTAKES, OR INACCURACIES OF
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM USER ACCESS TO OR USE OF THE SERVICE;
ANY UNAUTHORIZED ACCESS TO OR USE OF THE
OWNER’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED
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 THROUGH THE
THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY 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 COSTS IN AN AMOUNT EXCEEDING
THE AMOUNT PAID BY USER TO THE OWNER HEREUNDER IN THE PRECEDING 12 MONTHS,
OR THE PERIOD OF 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 COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO USER. THE TERMS GIVE USER
SPECIFIC LEGAL RIGHTS, AND 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
THE USER AGREES TO DEFEND,
INDEMNIFY AND HOLD THE OWNER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
DIRECTORS, AGENTS, CO-BRANDERS, PARTNERS, SUPPLIERS AND EMPLOYEES HARMLESS 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, ARISING FROM
USER’S USE OF AND ACCESS TO THE SERVICE,
INCLUDING ANY DATA OR CONTENT TRANSMITTED OR RECEIVED BY 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;
USER’S VIOLATION OF ANY THIRD-PARTY
RIGHTS, INCLUDING, BUT NOT LIMITED TO, ANY RIGHT OF PRIVACY OR
INTELLECTUAL PROPERTY RIGHTS;
USER’S VIOLATION OF ANY STATUTORY LAW,
RULE, OR REGULATION;
ANY CONTENT THAT IS SUBMITTED FROM USER’S
ACCOUNT, INCLUDING THIRD PARTY ACCESS WITH USER’S UNIQUE USERNAME,
PASSWORD OR OTHER SECURITY MEASURE, IF APPLICABLE, INCLUDING, BUT NOT
LIMITED TO, MISLEADING, FALSE, OR INACCURATE INFORMATION;
USER’S WILFUL MISCONDUCT; OR
STATUTORY PROVISION BY USER OR ITS
AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, PARTNERS, SUPPLIERS
AND EMPLOYEES TO THE EXTENT ALLOWED BY APPLICABLE LAW.
THE OWNER’S FAILURE TO ASSERT
ANY RIGHT OR PROVISION UNDER THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF ANY
SUCH RIGHT OR PROVISION. NO WAIVER SHALL BE CONSIDERED A FURTHER OR CONTINUING
WAIVER OF SUCH TERM OR ANY OTHER TERM.
TO ENSURE THE BEST POSSIBLE
SERVICE LEVEL, THE OWNER RESERVES THE RIGHT TO INTERRUPT THE SERVICE FOR
MAINTENANCE, SYSTEM UPDATES OR ANY OTHER CHANGES, INFORMING THE USERS
WITHIN THE LIMITS OF LAW, THE
OWNER MAY ALSO DECIDE TO SUSPEND OR TERMINATE THE SERVICE ALTOGETHER. 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.
ADDITIONALLY, THE SERVICE MIGHT
NOT BE AVAILABLE DUE TO REASONS OUTSIDE THE OWNER’S REASONABLE CONTROL, SUCH AS
“FORCE MAJEURE” (EG. LABOR ACTIONS, INFRASTRUCTURAL BREAKDOWNS OR BLACKOUTS
USERS MAY NOT REPRODUCE,
DUPLICATE, COPY, SELL, RESELL OR EXPLOIT ANY PORTION OF THIS APPLICATION AND OF
ITS SERVICE WITHOUT THE OWNER’S EXPRESS PRIOR WRITTEN PERMISSION, GRANTED
EITHER DIRECTLY OR THROUGH A LEGITIMATE RESELLING PROGRAMME.
TO LEARN MORE ABOUT THE USE OF
INTELLECTUAL PROPERTY RIGHTS
WITHOUT PREJUDICE TO ANY MORE
SPECIFIC PROVISION OF THESE TERMS, ANY INTELLECTUAL PROPERTY RIGHTS, SUCH AS
COPYRIGHTS, TRADEMARK RIGHTS, PATENT RIGHTS AND DESIGN RIGHTS RELATED 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
RELATING TO INTELLECTUAL PROPERTY.
ALL TRADEMARKS — NOMINAL OR
FIGURATIVE — AND ALL OTHER MARKS, TRADE NAMES, SERVICE MARKS, WORD MARKS,
ILLUSTRATIONS, IMAGES, OR LOGOS APPEARING IN CONNECTION WITH THIS APPLICATION
ARE, AND REMAIN, THE EXCLUSIVE PROPERTY OF THE OWNER OR ITS LICENSORS AND ARE
SUBJECT TO THE PROTECTION GRANTED BY APPLICABLE LAWS OR INTERNATIONAL TREATIES
RELATED TO INTELLECTUAL PROPERTY.
CHANGES TO THESE TERMS
THE OWNER RESERVES THE RIGHT TO
AMEND 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
WILL SIGNIFY THE USER’S ACCEPTANCE OF 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 PREVIOUS VERSION
WILL GOVERN THE RELATIONSHIP PRIOR TO THE USER'S ACCEPTANCE. THE USER CAN
OBTAIN ANY PREVIOUS VERSION FROM THE OWNER.
IF REQUIRED BY APPLICABLE LAW,
THE OWNER WILL SPECIFY THE DATE BY WHICH THE MODIFIED TERMS WILL ENTER INTO
ASSIGNMENT OF CONTRACT
THE OWNER RESERVES THE RIGHT TO
TRANSFER, ASSIGN, DISPOSE OF BY NOVATION, OR SUBCONTRACT ANY OR ALL RIGHTS OR
OBLIGATIONS UNDER THESE TERMS, TAKING THE USER’S LEGITIMATE INTERESTS INTO
ACCOUNT. PROVISIONS REGARDING CHANGES OF THESE TERMS WILL APPLY ACCORDINGLY.
USERS MAY NOT ASSIGN OR TRANSFER
THEIR RIGHTS OR OBLIGATIONS UNDER THESE TERMS IN ANY WAY, WITHOUT THE WRITTEN
PERMISSION OF THE OWNER.
ALL COMMUNICATIONS RELATING TO
THE USE OF THIS APPLICATION MUST BE SENT USING THE CONTACT INFORMATION STATED
IN THIS DOCUMENT.
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.
ANY SUCH INVALID OR
UNENFORCEABLE PROVISION WILL BE INTERPRETED, 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.
SHOULD ANY PROVISION OF THESE
TERMS BE OR BE DEEMED VOID, INVALID OR UNENFORCEABLE, THE PARTIES SHALL DO
THEIR BEST TO FIND, IN AN AMICABLE WAY, AN AGREEMENT ON VALID AND ENFORCEABLE
PROVISIONS THEREBY SUBSTITUTING THE VOID, INVALID OR UNENFORCEABLE PARTS.
IN CASE OF FAILURE TO DO SO, THE VOID, INVALID OR UNENFORCEABLE PROVISIONS SHALL
BE REPLACED BY THE APPLICABLE STATUTORY PROVISIONS, IF SO PERMITTED OR STATED
UNDER THE APPLICABLE LAW.
WITHOUT PREJUDICE TO THE ABOVE,
THE NULLITY, INVALIDITY OR THE IMPOSSIBILITY TO ENFORCE A PARTICULAR PROVISION
OF THESE TERMS SHALL NOT NULLIFY THE ENTIRE AGREEMENT, UNLESS THE SEVERED
PROVISIONS ARE ESSENTIAL TO THE AGREEMENT, OR OF SUCH IMPORTANCE THAT THE
PARTIES WOULD NOT HAVE 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 ON ANY OF THE PARTIES.
THESE TERMS ARE GOVERNED BY THE
LAW OF THE PLACE WHERE THE OWNER IS BASED, AS DISCLOSED IN THE RELEVANT SECTION
OF THIS DOCUMENT, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.
EXCEPTION FOR EUROPEAN CONSUMERS
HOWEVER, REGARDLESS OF THE
ABOVE, IF THE USER QUALIFIES AS A EUROPEAN CONSUMER AND HAS THEIR HABITUAL
RESIDENCE IN A COUNTRY WHERE THE LAW PROVIDES FOR A HIGHER CONSUMER PROTECTION
STANDARD, SUCH HIGHER STANDARDS SHALL PREVAIL.
VENUE OF JURISDICTION
THE EXCLUSIVE COMPETENCE TO
DECIDE ON ANY CONTROVERSY RESULTING FROM OR CONNECTED TO THESE TERMS LIES WITH
THE COURTS OF THE PLACE WHERE THE OWNER IS BASED, AS DISPLAYED IN THE RELEVANT
SECTION OF THIS DOCUMENT.
EXCEPTION FOR EUROPEAN CONSUMERS
THE ABOVE DOES NOT APPLY TO ANY
USERS THAT QUALIFY AS EUROPEAN CONSUMERS, NOR TO CONSUMERS BASED IN
SWITZERLAND, NORWAY OR ICELAND.
AMICABLE DISPUTE RESOLUTION
USERS MAY BRING ANY DISPUTES TO
THE OWNER WHO WILL TRY TO RESOLVE THEM AMICABLY.
WHILE USERS' RIGHT TO TAKE LEGAL
ACTION SHALL ALWAYS REMAIN UNAFFECTED, IN THE EVENT OF ANY CONTROVERSY
REGARDING THE USE OF THIS APPLICATION OR THE SERVICE, USERS ARE KINDLY ASKED TO
CONTACT THE OWNER AT THE CONTACT DETAILS PROVIDED IN THIS DOCUMENT.
THE USER MAY SUBMIT THE
COMPLAINT INCLUDING A BRIEF DESCRIPTION AND IF APPLICABLE, THE DETAILS OF THE
RELATED ORDER, PURCHASE, OR ACCOUNT, TO THE OWNER’S EMAIL ADDRESS SPECIFIED IN
THE OWNER WILL PROCESS THE
COMPLAINT WITHOUT UNDUE DELAY AND WITHIN 21 DAYS OF RECEIVING IT.