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OVERVIEW
This website is operated by Saimo. By visiting the site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These General Terms and Conditions apply to all users of the site, including but not limited to users who are browsers, suppliers, customers, traders and/or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these General Terms and Conditions are considered an offer, acceptance is expressly limited to these General Terms and Conditions.
Any new feature or tool added to the current store is also subject to the General Terms and Conditions. You can view the most current version of the General Terms and Conditions at any time on this page. We reserve the right to update, change or replace these Terms and Conditions at any time by posting updates and/or changes on our website. It is your responsibility to periodically check this page for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - GENERAL CONDITIONS FOR THE ONLINE STORE
By agreeing to these Terms and Conditions, you declare that you have reached the age of majority in your state or province of residence, or that you are of legal age in your state or province of residence and have given us permission to allow one of your minor dependants to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You may not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and (a) transmissions may include transmissions over various networks; and (b) changes to comply with technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part 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 from us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect the terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information is necessarily not current and is provided for reference purposes only. We reserve the right to change the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - CHANGES TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. 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.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting you using the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders which, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to update your account and other information, including your email address and credit card numbers and expiration dates, in a timely manner so that we can complete your transactions and contact you if necessary.
For more details, please refer to our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may offer you access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We have no liability whatsoever with regard to your use of optional third-party tools. The use of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and agree to the terms on which the tools are provided by the relevant third party or parties. In the future, we may also offer new services and/or features through the website (including the launch of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
SECTION 8 - LINKS TO THIRD PARTIES
Certain content, products and services available through our Service may contain materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any damage or loss in connection with the purchase or use of goods, services, resources, content or other transactions made in connection with third-party websites. Carefully review the policies and practices of third parties and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be addressed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If we request it, you will send certain specific submissions (for example, competition entries) or, without a request from us, you will send creative ideas, suggestions, proposals, plans or other materials, online, by e-mail, by post or otherwise (collectively 'comments'), you agree that we may, at any time, without restriction, to edit, copy, publish, distribute, translate and otherwise use comments that you send to us in any medium. We are not obliged (1) to keep comments confidential; (2) to pay compensation for comments; or (3) to respond to comments. We may, but are not obligated to, monitor, edit or remove content that we, at our sole discretion, find to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms of Use. You agree that your comments will not infringe on the rights of third parties, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain any defamatory or otherwise unlawful, offensive or obscene material, or 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 the comments you make and their accuracy. We accept no responsibility and are not liable for any comments posted by you or a third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We are not obligated to update, modify or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for an unlawful purpose; (b) to encourage others to participate in unlawful activities; (c) to violate or breach international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe on our intellectual property rights or the intellectual property rights of others; (e) to intimidate, abuse, insult, cause harm to, defame, offend, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other form of malicious code that can be used in any way to influence the functionality or operation of the Service or a related website, other websites or the internet; (h) to collect or track the personal information of others; (i) to send spam, to 'phish', 'pharming', pretexting, spiders, crawlers or scrapers; (j) for an obscene or immoral purpose; or (k) to disrupt or circumvent the security features of the Service or a related website, other websites or the internet. We reserve the right to terminate your use of the Service or a related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; 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 guarantee the results that may be obtained from the use of the service. You agree that from time to time we may remove the service for indefinite periods of time or cancel 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 own risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representations, warranties or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. In no event shall Saimo, our directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, criminal, special or consequential damage of any nature whatsoever, including but not limited to lost profits, lost sales, lost savings, loss of data, replacement costs or any similar damage, regardless of whether it is based on contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or products acquired using the service, or for any other claim that is in any way related to your use of the service or a 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) posted, transmitted or otherwise made available via the service, even if you have been informed of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Saimo and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, to defend and indemnify them from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they refer to, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Use is found to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such a determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site. If, in our opinion, you do not, or we suspect that you have failed, to comply with any provision or condition of these Terms of Use, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitute 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 of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Use and all separate agreements whereby we provide Services to you shall be governed by and construed in accordance with the laws of the Netherlands.
SECTION 19 - CHANGES TO THE TERMS OF USE
You can review the most current version of the Terms of Use at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to