Terms and Conditions for OverBrand d.o.o.

Terms and Conditions

 

Our Terms and Conditions were last updated on 1st June, 2023.

 

Please read these terms and conditions carefully before using Our Service.

 

Interpretation and Definitions

Interpretation

 

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

 

For the purposes of these Terms and Conditions:

 

  • Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Account” means a unique account created for You to access our Service or parts of our Service.
  • Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to OverBrand d.o.o.
  • Country” refers to Slovenia.
  • Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Feedback” means feedback, or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Products” refer to the products or items offered for sale on the Service.
  • Orders” mean a request by You to purchase Products from Us.
  • Promotions” refer to contests, sweepstakes or other promotions offered through the Service.
  • Service” refers to the Website powdervault.com, including all of its subpages and online shop.
  • Terms and Conditions” (also referred as “Terms“) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website” refers to PowderVault, accessible from www.powdervault.com
  • You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

By visiting our Website and/or purchasing something from Us, you engage in our Service.

These are the Terms and Conditions governing the rules and the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. These Terms and Conditions constitute a legally binding agreement between You and Us concerning your access to and the use of the Service. By accessing the Service, You agree that You have read, understood, and agreed to be bound by this Terms And Conditions in its entirety. If You do not agree with any part of this Terms and Conditions, then You are prohibited from using the Service and You must terminate its use immediately.

 

Any new features that are added to the current Service are also be subject to this Terms.

 

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 

By using the Service, You represent that you are of legal age, that is over the age of 18 (or over the age of 21 where applicable – for example, if You are an American citizen). The Company does not permit those under the age of 18 (or under the age of 21 where applicable – for example, if they are an American citizen) to use the Service.

 

By using the Service, You acknowledge that the Products sold on our Website are strictly meant to be used as storage for cocoa and NOT for any illicit, illegal, prohibited substance, or generally any kind of substances that are not cocoa.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service and Products, violate any laws in your jurisdiction.

 

You are responsible for determining whether the use of any of Our Services and/or Products is legal in Your country or jurisdiction and You shall NOT use Our Services should such use be illegal in Your country or jurisdiction. If You are uncertain, please seek independent legal advice.

 

When You purchase our Products, You acknowledge that You will use them exclusively for the purpose they have been manufactured, and as stated on the Website and in these Terms.

All the information on this website is published in good faith and is intended for educational purposes only. No information is intended to promote any illegal activity.

 

 

User Accounts

 

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

 

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

 

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

 

 

 

Content

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.

Your Right to Post Content

 

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

 

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

 

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

 

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

 

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

 

  • Unlawful or promoting unlawful activity; soliciting others to perform or participate in any unlawful acts; violating any international, federal, provincial or state regulations, rules, laws, or local ordinances.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Collecting or tracking the personal information of others.
  • Any obscene or immoral purpose.
  • Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on intellectual property and any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person; harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  • False information and features.

 

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

 

Content Backups

 

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

 

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

 

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

 

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

 

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

 

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email support@powdervault.com and include in Your notice a detailed description of the alleged infringement.

 

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

Procedure for Copyright Infringement Claims

 

You may submit a notification to support@powdervault.com with the following information in writing:

 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

 

Placing Orders for Products

 

By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts, and that you are over 18 years of age (or over the age of 21 where applicable – for example, if You are an American citizen).

 

You are responsible for determining whether the use of any of Our Services and/or Products is legal in Your country or jurisdiction and You shall NOT use Our Services should such use be illegal in Your country or jurisdiction. If You are uncertain, please seek independent legal advice.

 

We will NOT be responsible for any legal or other consequences that might be imposed on You for using Our Services and/or Products.

 

We ship to countries all over the world. As the rules differ from country to country, we strongly recommended that you check with your local customs office about possible delays or potential prohibition of importing Our Products. You are solely responsible for knowing local laws, customs regulations, permissions, duties and taxes, and as it is further stated in these Terms.

 

We will not be hold liable by You or any other party if our Services are not legal in your country and if you suffer any kind of legal proceedings or damages due to Your purchase of our Products.

You make orders at your own risk.

 

 

Your Information

 

If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

 

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

 

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

 

Our Order Cancellation

 

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

 

  • Products availability
  • Errors in the description or prices for Products
  • Errors in Your Order

 

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

 

RETURN AND REFUND POLICY

Your Order Cancellation, Return and Refund Rights

 

Any Products you purchase can only be returned or refunded in accordance with these Terms. 

 

 

 

Your Order Cancellation Rights

 

You are entitled to cancel Your Order, without giving any reason for doing so, within 21 days from the date on which You received the Products, or on which a third party you have appointed, who is not the carrier, takes possession of the product delivered.

 

In order to exercise Your right of cancellation, You must inform Us of your decision by means of a clear statement. You can inform us of your decision by:

 

 

We will send You a return shipping label, as well as instructions on how and where to send Your package. Items sent back to us without first requesting a return will not be accepted. Please note that if Your country of residence is not Slovenia, shipping your Products may take longer than expected.

To be eligible for a return, Your item must be in the same condition that you received it, unused, with tags, and in its original packaging. The item must not be used and must be “as new” when returned to Us. You will also need the receipt or proof of purchase.

We will reimburse You no later than 14 days from the day on which We receive the returned Products. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

 

 

Conditions for Returns

In order for the Products to be eligible for a return, please make sure that:

 

  • The Products are in the original packaging, still sealed and unused
  • The following Products cannot be returned:
  • The supply of Products made to Your specifications or clearly personalized.
  • The supply of Products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

 

We reserve the right to refuse returns of any merchandise that does not meet the above return conditions in our sole discretion.

 

Unfortunately, we cannot accept returns on sale items or gift cards.

 

 

Exchanges

 

The fastest way to ensure You get what you want is to return the item You have, and once the return is accepted, make a separate purchase for the new item.

 

Returning Products

 

You are responsible for the cost and risk of returning the Products to Us. We cannot be held responsible for Products damaged or lost in return shipment. Therefore, We recommend an insured and trackable mail service. We are unable to issue a refund without actual receipt of the Products or proof of received return delivery.

 

 

 

Reclamation of damaged items or wrong orders received

You can file a complaint about the product received if you received false products, wrong quantity, or damaged product.

Please, inspect your order upon receipt from outside and within. In the unlikely event of the item itself being defective, damaged, or if You received the wrong item, contact Us immediately and We will assess the issue. 

If the damaged or wrongfully sent item is Our fault, we’ll kindly ask You to send it back to Us on Our expenses using a return label that we will provide, and take any necessary steps to get a perfectly functioning item that You ordered to You as fast as possible.

In any case, We ask you to take photos and if possible a video recording of the damaged item. If You notice that the package has arrived to You already damaged from the outside, We recommend You to take photos and if possible a video recording even before You open the package. You might need it for any reclamation claim with the courier service as well.

Please, send Us such a claim to support@powdervault.com within 21 days from the date on which You received the Products or on which a third party you have appointed, who is not the carrier, takes possession of the product delivered

If You received damaged or defected products, the Products must be returned to Us unused. If You have already used the products, replacement of products is not possible.

 

Refunds

 

We will notify you once we’ve received and inspected your return to let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method within 14 business days. Please remember it can take some time for your bank or credit card company to process and post the refund too.

 

If more than 15 business days have passed since we’ve approved your return, please contact us at powdervaultcom@gmail.com.

 

 

 

WARRANTY

 

You acknowledge that You are buying our Products “As Is”, as You see them on the Website. We do not offer any warranty on the Products.

 

 

 

Shipping Policy

We aim to dispatch orders as soon as possible, but no later than within 5 working days. If delays occur, we will inform You about the reason and offer solutions.

We only ship orders on working days Monday to Friday, excluding national holidays.

In order to fulfill Your order, We share Your Personal Data with third party courier services (such as Your name, last name, shipping address, email, phone number). The responsibility for handling Your Personal Data is shifted from Us over to Our third party courier service partners at the moment when We hand them over the package containing Your order. Please, consult privacy policies of Our third party courier service partners to see how they handle shared Personal Data.

For Pošta Slovenije see here: https://en.posta.si/privacy-policy and  https://www.posta.si/o-nas/predstavitev/pravno-obvestilo

 

 

SHIPPING and COSTS

We aim to keep Our shipping costs as low as possible.

Our shipping charges vary according to the destination country and will be confirmed before checkout.

All packages will require a signature when delivered to Your address.

All products are shipped in a discrete, non-descriptive wrapping.

All packages will be sent with a tracking number. You will be provided with a tracking number once the package is dispatched so You will be able to comfortably track the progress of the delivery.

Please note, that in case of any damages made during the shipment or in the case of lost shipment, We will help with the resolution of the situation in any way We can. However, it is Your responsibility to notify us of any damages that occurred during shipping immediately at the arrival of the package and in accordance with tese Terms.

Shipping costs may vary a lot in the range from above 5 EUR. Exact costs will be calculated depending on Your address destination and stated to You before checkout.

If you are an EU customer and You didn’t receive Your order within 14 days after We informed you of the shipping, please, get in touch with Us.

If you are an international customer and You didn’t received Your order within 30 days after We informed you of the shipping, please, get in touch with Us.

 If you have any question regarding shipment, please, contact Us at support@powdervault.com 

 

 

DELIVERY TIME

Shipping will be made by Our third-party partners. We do not guarantee any precise delivery time, however, packages are typically delivered worldwide within 1 to 10 days (e.g. USA 4-5 days, Australia 4-6 days, Europe 1-5 days). For more information, please, consult our third-party courier service partners for delivery time-frames here:

All packages are deployed from within Slovenia.

 

Delivery time may also vary depending on customs clearance. Usually, most orders are processed quickly, but delays cannot be excluded for some orders that can be held for an undetermined amount of time.

 

We take no responsibility or liability for orders not arriving once dispatched from our address. Our responsibility ends when we pass Your order to the carrier. The carrier’s responsibility ends when they attempt delivery, or if the goods are seized by customs. At that point responsibility shifts to You. If you fail to take delivery, You must contact the carrier as soon as possible to arrange re-delivery or pickup.

 

If non-delivery turns out to be our fault in any way, we will re-ship Your order at no cost to You, offer a store credit, or a complete refund.

 

Please, check Your address on each order and make sure it is correct.

 

 

CUSTOM CLEARANCE & SEIZURE

We ship to countries all over the world. As the rules differ from country to country, we strongly recommended that you check with your local customs office about possible delays or potential prohibition of importing Our Products. You are solely responsible for knowing local laws, customs regulations, permissions, duties and taxes, and as it is further stated in these Terms.

 

We will not be hold liable by You or any other party if our Services are not legal in your country and if you suffer any kind of legal proceedings or damages due to Your purchase of our Products.

You make orders at your own risk.

 

By purchasing Our Products, You acknowledge that You will not claim Us to be responsible for any delays, refusals, denials of import, or seizure of packages caused by Your customs controls. As these facts are outside our control, We cannot and do not guarantee any delivery success.

Any customs or import duties that are imposed once the package leaves Slovenia and reaches your country are your responsibility. The cost of any import duties or taxes are not included in our prices. We will not be responsible for any additional charges for importing goods.

If you decide to refuse the package due to the duty charges or if Your customs office decides to refuse Your package, We can do nothing about it.

 

 

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Products on the Service, however the Products available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Service and in Our advertising on other websites.

 

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. You agree that it is your responsibility to monitor changes to our site.

 

We are not responsible if information made available on the Website is not accurate, complete or current. The material on teh Website site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more complete or more timely sources of information. Any reliance on the material on the Website is at Your own risk.

 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. Images representing the Products on the Website are not necessarily identical to the Products in real life (for example, the colors in the images may not be identical to the colors of the real Product).

 

 

 

Prices Policy

All prices on The Website’s Online Store are denominated in Euros (EUR) and include VAT of Slovenia unless explicitly stated otherwise. 

Import tax and local VAT of Your country or jurisdiction may apply and You are solely responsible to know about the specifics of your local laws, taxes, import duties or similar.

The discounted price is the reduced regular price at which the presented item is sold for a definite or indefinite period of time. Prices are valid at the time of placing the order. You have to pay the entire price of the purchase in advance. Only when We receive the total amount of the invoice, the Products will be shipped. Prices don’t include delivery costs. Delivery costs will be accounted for depending on the delivery options We might provide before you conclude the purchase.

All descriptions of products or product prices are subject to change at anytime without notice and at Our sole discretion.

 

The Company reserves the right to revise its prices at any time prior to accepting an Order.

 

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

 

Orders Policy

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 that we offer.

 

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.

 

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors if they hold no prior agreement with Us.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at the Website. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that We can complete your transactions and contact You as needed.

 

Payments

 

Payment can be made through various payment methods we might have available, such as Visa, MasterCard, online payment methods, or direct bank payments.

 

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Promotions

 

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

 

If You participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

 

Intellectual Property

 

The Service and its original content (excluding Content provided by You or other users), features and functionality (including webpage design, photos, videos, text, logos, databases, source code) are and will remain the exclusive property of the Company and its licensors.

 

The Service is protected by copyright, trademark, patent, model, and other laws of both the Country and foreign countries.

 

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

 

Your Feedback to Us

 

You assign all rights, title and interest in any Feedback You provide to the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

 

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.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

 

 

Links to Other Websites

 

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

 

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

 

 

Termination

 

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

 

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

 

We reserve the right, but not the obligation to monitor the Services for violations of these Legal Terms and

take appropriate legal action against anyone who, in our sole discretion, violates the law or the Terms. If the case warrants, We may report such user to law enforcement authorities.

 

 

 

DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that We may remove the service at any time, without notice to You.

 

You expressly agree that Your use of, or inability to use, the service is at Your sole risk. The Service and all Products delivered to you through the Service are provided ‘as is’ and ‘as available’ for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites or mobile applications linked to the Services and We will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the services, any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the services, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or any errors or omissions in any content and materials or for any loss or damage of

any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.

 

We do not warrant, endorse, guarantee, or assume responsibility for any content, product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and We will not be a party to or in any

way be responsible for monitoring any transaction between you and any third-party providers of products or services.

 

In no case shall Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the Service or any Products procured using the Service, or for any other claim related in any way to Your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Product) made available via the Service, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

 

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

 

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

 

 

 

 

YOUR LOCAL LAW COMPLIANCE AND GENERAL LAW COMPLIANCE

 

All Products on the Website are legal in Slovenia. However, we cannot give any information about the legal status of the Products in countries outside of Slovenia. When you purchase the Products from the Website, You accept responsibility for compliance with local laws, tax, customs and other regulations of Your country or jurisdiction.

 

By using the Service, You acknowledge that the Products sold on our Website are strictly meant to be used as storage for cocoa and NOT for any illicit, illegal, prohibited substance, or generally any kind of substances that are not cocoa.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service and Products, violate any laws in your jurisdiction.

 

You explicitly affirm to respect and agree that the Company cannot be held responsible for any of Your actions, including those that might represent illegal activity which can result in punitive or criminal consequences for You.

You are responsible for determining whether the use of any of Our Services and/or Products is legal in Your country or jurisdiction and You shall NOT use Our Services should such use be illegal in Your country or jurisdiction. If You are uncertain, please seek independent legal advice.

 

We will NOT be responsible for any legal or other consequences that might be imposed on You for using Our Services and/or Products.

 

We ship to countries all over the world. As the rules differ from country to country, we strongly recommended that you check with your local customs office about possible delays or potential prohibition of importing Our Products. You are solely responsible for knowing local laws, customs regulations, permissions, duties and taxes, and as it is further stated in these Terms.

 

We will not be hold liable by You or any other party if our Services are not legal in your country and if you suffer any kind of legal proceedings or damages due to Your purchase of our Products.

You make orders at your own risk.

 

 

By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts, and that you are over 18 years of age (or over the age of 21 where applicable – for example, if You are an American citizen).

 

 

 

THE USE OF THE PRODUCTS

When You purchase our Products, You acknowledge that You will use them exclusively for the purpose that they have been manufactured, and as stated on the Website and in these Terms. You also acknowledge that Our Products are predominantly made of metal materials that may contain rough and sharp edges, and that You will use them with strict care. You will not chew or swallow Our Products, or insert Our Products into any bodily opening, or misuse Our Products in any way. You acknowledge that if You incur or inflict any kind of injury or physical harm by using, misusing or abusing Our Products, We will not be liable, and You will not hold Us liable under any circumstance. We are not responsible for any damages incurred from the use of the Products. You assume the responsibility for any risks associated with the use of the Products including malfunctioning defects.

 

 

“AS IS” and “AS AVAILABLE” Disclaimer

 

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

 

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

 

 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

 

 

Severability

 

If any provision of these Terms is held to be unenforceable or invalid, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, or such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. 

 

 

INDEMNIFICATION

 

You agree to defend, indemnify, and hold Us harmless, including our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third-party due to or arising out of Your use of the Services; breach of these Terms or the documents they incorporate by reference; any breach of Your representations and warranties set forth in these Terms; Your violation of any law or the rights of a third party; or any harmful act toward any other user of the Services with whom you connected via the Services.

 

Notwithstanding the foregoing, we reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate, at Your expense, with Our defense of such claims.

 

 

Waiver

 

The failure of Us to exercise or enforce any right or provision of these Terms, or to require performance of an obligation under this Terms, shall not constitute a waiver of such right or provision, and shall not effect the ability to exercise such right or require such performance at any time thereafter.

 

 

 

ENTIRE AGREEMENT

 

These Terms and any policies or operating rules posted by Us on the Website or in respect to the Service constitutes the entire agreement and understanding between You and Us and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms).

 

The failure of Us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

Any ambiguities in the interpretation of these Terms shall not be construed against Us or the drafting party.

 

These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.

 

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.

 

 

 

United States Legal Compliance

 

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

 

 

Governing Law

 

 

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Slovenia and Slovenian laws shall apply to any disputes arising from the use of the Service.

 

Disputes Resolution

 

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. If such resolution is not achieved or not possible, the court in Ljubljana, Slovenia shall be responsible and competent for resolving disputes. The language of the proceedings shall be Slovenian.

 

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. We will notify You of any changes by posting the new terms on this page. We will update the “Last updated” date at the top of this Terms.

 

You are advised to review this Terms periodically for any changes. Changes to this Terms are effective when they are posted on this page.

 

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

 

Contact Us

 

If you have any questions about these Terms and Conditions, You can contact us:

 

 

 

Our contact information:

OverBrand d.o.o.

Cesta na Brdo 71

1000 Ljubljana

Slovenia

VAT no.: SI 77454596  

Business Reg. No.: 9398244000