FREE SHIPPING
PRODUCTS RETURN WITHIN 60 DAYS
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Business conditions
Effective from: 25/5/2023
| The company FC ecom, s.r.o., with office: Ľudovíta Stárka 2864, Trenčín 911 05, ID: 51 750 155, VAT ID: SK2120774106 registered in the commercial register of the Trenčín District Court, section: Sro, file no.: 36568 / R, is the operator of the Internet shop with fashion textiles, shoes and other goods with the internet address www.factcool.com. These general terms and conditions define and specify the rights and obligations of the seller, which is the company FC ecom, s.r.o., and the buyer when selling goods online. All such contractual relationships are governed by generally binding regulations of the Slovak Republic regarding consumer protection provided by foreign legislation, concluded purchase contract and these General Terms and Conditions, which apply to customers and visitors located in the territory of the E.U. These general terms and conditions may be modified and changed by FC Ecom, s.r.o. at any time. These adjustments and changes do not affect contractual relationships established at the time the previous version of the general terms and conditions came into force. |
| Contents |
| 1 Definition |
| 2 Registration |
| 3 Goods and price of goods |
| 4 Contract for the purchase of goods |
| 5 Withdrawal from the contract by the customer (return and exchange of goods) |
| 6 Rights in case of defective goods |
| 7 Payment terms |
| 8 Discount codes (vouchers, discount coupons), Gift vouchers |
| 9 Additional services |
| 10 Transport and delivery of goods |
| 11 Personal data protection |
| 12 Applicable law, supervisory authority and dispute resolution |
| 13 Final Provisions |
| 1 Definition |
| 1.1 Definition of terms used in these GTC: |
| "Factcool", "seller", "we" or "us" means FC ecom, sro |
| "consumer" means a person who is not an entrepreneur |
| "contract" means the contract for the purchase of goods concluded between the customer and the company FC ecom, s.r.o |
| "customer" means a user of the website (defined below), whether a consumer or a business |
| "goods" means goods that are advertised on the website and are intended for sale, or have already been ordered, purchased by the customer |
| "personal information" means data provided by the customer when registering on the website or when creating an order |
| "GTC" means these general terms and conditions |
| "B2B" means: business to business relationship, communication, business transaction between business entities |
| "entrepreneur" means a person who fulfills the definition in § 2 paragraph 2 of Act No. 513/1991 Coll., Commercial Code, as amended |
| "website" means the website accessible at www.factcool.com |
| "discount code" also referred to as a voucher or discount coupon, means a code provided to the Customer which the Customer may use in accordance with these GTC on the Website. |
| 2 Registration |
| 2.1 Registration and provision of personal information |
| (a) Registration is not mandatory and will, of course, remain free choice. |
| (b) If you decide to register, you will be able to track the status of your order and you will not be asked to provide personal information again on your next visit. |
| (c) By registering as a user of the website, you guarantee that the personal information you provide as a user during registration is true, accurate, current and complete in all respects, and that you will promptly update it in your profile if it changes. |
| (d) You further warrant that you will not impersonate any other person or entity when registering and that you will not use a false name or other designation that you are not authorized to use for the purpose of registration. |
| 3 Goods and price of goods |
| 3.1 Description of goods |
| (a) A description of the main characteristics of the goods offered can be found on the individual product pages located on the website. |
| (b) We use our best endeavors to ensure that the description and specification of the Goods is as accurate as possible, apart from the reproduction of colors where there may be a slight variation. |
| 3.2. Offer of goods |
| The goods offered through the website are an offer of goods, that is only informative. The offer of goods itself, without further ado, is not considered a proposal to supply goods in the sense of § 1732, paragraph 2 of Act No. 89/2012 Coll., Civil Code, as amended, and we are thus not obliged to conclude a purchase contract regarding the offered goods. On the website, we also inform you in a clear and comprehensible manner of the main features of the goods or the nature of the service, as well as other facts required by law to the extent appropriate to the means of communication used. |
| 3.3 Price of goods |
| (a) Prices for goods are published on the website including VAT. These prices do not include delivery costs or cash on delivery fees. |
| (b) Prices and special offers may vary and may be available for a limited time only. |
| 4 Contract for the purchase of goods |
| 4.1 Conclusion of the contract (if you are a consumer) |
| (a) The contractual relationship between you and us is established when we deliver the confirmation of the order (acceptance) to the electronic address you specified in the order. |
| (b) The costs incurred by you when using means of communication at a distance in connection with the conclusion of the contract (e.g. costs of internet connection or costs of telephone communication) are paid by you. |
| (c) If you signed up for the newsletter at the time of purchase and want to unsubscribe, you can do so using a link in an email that is no older than 30 days. |
| 4.2 Creating an order (if you are a consumer) |
| (a) On the website, select the quantity and size of the goods you are interested in and click the "ADD TO CART" button. |
| (b) Before proceeding with the order, you can check the quantity, color, size of the goods, additional services in the basket or completely remove the goods or additional services from the shopping cart. |
| (c) Then select your preferred payment method and delivery method. |
| (d) If you are a registered user, you can log in. If you are a new user, you can register on the website or complete the order without registration. With this option, you must enter your personal information, the billing address (which must correspond to the address on your payment card) and the delivery address if you wish to deliver the order to a different address than the billing address. Subsequently, before completing the order, you must confirm your agreement with the GTC and also that you agree to the processing of personal data. |
| (e) Before confirming your order, check your shopping cart and make sure that all product specifications, such as size and color, are in accordance with your requirements. Then click the button "ORDER AND PAY" with the payment obligation. |
| (f) By placing an order through the website, you confirm that your legal capacity has not been limited and that you are legally capable of entering into binding contracts and that you are over 18 years of age. |
| (g) After confirmation of the order, it is no longer possible to change it, but you can cancel it yourself via the link in the email or by sending your request to the email address: factcool-en@factcool.com We can cancel the order until it is packed and possibly shipped. After confirming the order, send your request for a specific change in the order to the email address: factcool-en@factcool.com. |
| 4.3 Merging of Orders |
| You can combine orders with cash on delivery payment, until the goods are still not in the process of being packed. Orders that are packed cannot be combined. |
| 4.4 Archive of contracts |
| Contracts concluded between us and our customers are stored in an electronic archive that is accessible to registered customers directly from their user account. The contract is archived for at least five years from the date of implementation, but not longer than the period required by the relevant law. |
| 4.5 Buying as a business (B2B) |
| Of course, B2B purchases are also possible on the website. To successfully complete a B2B order, the following conditions must be met: |
| - In your registration, in the account information section, fill in your identification data. The address you provide must match the delivery address. |
| - We will check the completed data from the point of view of their correctness. |
| - If you have been successfully registered, you select products with a price including VAT, after entering the company's delivery address in the shopping cart, the purchase price will be recalculated and updated to the price without VAT (valid only for VAT payers). |
| 5 Withdrawal from the contract by the consumer (return and exchange of goods) |
| If you are a consumer, you have 60 days from the day the goods were delivered to you to change your mind and decide to return the goods in question. You can return any goods in accordance with the conditions set out in this part of the GTC, except for those types of goods for which the law excludes their return. It is about: |
| - personalized Goods or Goods that are custom-made, |
| - perishable goods, |
| - goods that are sealed for safety or hygiene reasons, if you have unsealed them, |
| - goods that were inseparably mixed after delivery. |
| 5.1 Expiration of the withdrawal period |
| (a) The period specified in Article 5 of these GTC begins to run: |
| - from the date of receipt of the goods, |
| - from the date of acceptance of the last part of the goods (in the case of a contract concerning several types of goods or delivery of several parts of goods), or |
| - from the date of acceptance of the first delivery of goods (in the case of a contract concerning several types of goods delivered in repeated deliveries). |
| (b) The period for withdrawal from the contract expires 60 days from the date of receipt of the goods. If the order consists of several items or parts that are delivered on different days, the cancellation period (in relation to the order as a whole) ends 60 days after the date of receipt of the last item or part. |
| 5.2 How to withdraw from the contract |
| You can withdraw from the contract primarily through the return form, which is available on the website, where we will ask you to fill in your data and details of the relevant order. You can also withdraw from the contract by sending an e-mail to the address factcool-en@factcool.com. |
| 5.3 Return of goods |
| (a) You may return goods primarily through the returns form available on the website. |
| We would like to ask you to return the goods in the identical condition in which they were delivered to you, undamaged, preferably in the original packaging with the original labels used to identify the goods. Return the goods complete, i.e. together with all accessories, complete documentation and souvenirs (if they were part of the delivery). Underwear cannot be returned for hygienic reasons. If the goods are not returned completely or are demonstrably used or damaged, we have the right to request compensation from you, or an amount corresponding to the reduced value of the returned goods. |
| (b) You must send the goods no later than 60 days from the date of receipt of the goods and when FACTCOOL has been informed of the cancellation or return of part of the order to the address that was specified to you by email, after filling in the return form on the corresponding website. |
| (c) If you believe you have received damaged goods, please return the goods to us with the following details: |
| • Order number |
| • Product code / product name |
| • Defect details |
| (d) You are responsible for returning the goods. At the same time, we draw your attention to the fact that you bear all the costs of returning the Goods, apart from cases where we have sent you an item by mistake or you have already received damaged goods and this fact was recognized by the claims department during the return. If the goods cannot be returned by post due to their nature, we will charge you a fee for receiving them. |
| (e) Please note that if the goods are supplied together with any gifts, you and we have entered into a contract of donation subject to the condition that such contract of donation will be terminated once you have exercised the option to withdraw from the contract in accordance with the provisions of clause 5 of these GTC. You must then return the Goods together with the gifts and all accessories; failure to do so will be considered unjust enrichment. If it is not possible to release the revenue obtained by unjust enrichment, we are entitled to demand monetary compensation in the amount of the normal price. |
| (f) You have a legal duty to treat the Goods reasonably and responsibly while they are in your possession. If you do not comply with this obligation, we can claim damages against you. This applies to all returned goods. |
| 5.4 Exchange |
| (a) Exchange of goods is not available. No later than 14 calendar days from the receipt of the returned goods into the system, the funds for the returned goods will be transferred to the bank account you entered. |
| 5.5 Refunds |
| (a) We will refund the money for the goods that you return in accordance with Article 5 of the GTC in full. |
| (b) If you return all the goods that were in one order, we will reimburse you for the costs of the initial delivery of the goods, but only up to the amount of the standard delivery price. If you do not return all the goods that were part of one order, we will not reimburse you for the initial cost of delivering the goods. |
| (c) After the refund, you will receive an email confirmation email with detailed information about the refund amount and the goods we have received from you. We will refund you using the same payment method you originally used to make the payment (with the exception of the cash on delivery service). We will refund your money within 14 days from the date of delivery of the cancellation notice, or even sooner if we receive the goods for which the refund is provided, or if you can prove that the goods have already been sent back to us. |
| 6 Rights from defects of goods (if you are a consumer) |
| 6.1 Defects of goods |
| If the delivered goods have obvious material or manufacturing defects, including damage to the goods during transport, report such defects as soon as possible to us or to the carrier that delivers the goods. However, your legal rights are not affected by not making a claim. |
| 6.2 Deadline for asserting rights from defects of goods |
| (a) The deadline for exercising rights from defective performance is 2 years and begins on the day you receive the goods. During the processing of a justified complaint, the period for exercising rights from defective performance is interrupted, and it is extended by the time during which you could not use the goods. The right to claim defects does not apply to mechanical damage to goods caused by improper use, insufficient maintenance or intentional damage. |
| (b) Any right arising from defective performance must be exercised without undue delay. You can claim rights from liability for defects in court only if you have pointed out the defects within a period of 2 years from receiving the goods at the latest. |
| 6.3 Your rights in case of defective performance |
| (a) If the goods have a defect, you may request its removal. According to your choice, you can demand from us the delivery of new goods without defects or the repair of defective goods, unless the method you have chosen to remove the defect is impossible or disproportionately expensive compared to the other. We can refuse to remove the defect if it is impossible or disproportionately expensive, especially regarding the importance of the defect and the value that the goods would have without the defect. |
| (b) We will remove the defect within a reasonable time after it is pointed out so as not to cause you significant inconvenience, taking into account the nature of the goods and the purpose for which you purchased the goods. If you are a consumer, we must handle the complaint, including the removal of the defect, and we must inform you about it no later than 30 days from the date of exercising your rights from defective performance, unless we agree with you on a longer period. |
| (c) We pay the costs in connection with taking over the goods for the purpose of removing the defect. |
| (d) You may request a reasonable discount from us or withdraw from the contract if: |
| - we refuse to remove the defect or do not remove it according to letter (b) and (c) of this paragraph 6.3 GTC, |
| - the defect manifests itself repeatedly, |
| - the defect is a substantial breach of contract, or |
| - it is apparent from our statement or from the circumstances that we will not remedy the defect within a reasonable time or without considerable difficulty. |
| (e) In the event that you withdraw from the contract, we will refund the purchase price to you without undue delay after we receive the goods or you prove to us that you have sent the goods. |
| 6.4 When the right from defective performance cannot be exercised |
| The right from defective performance cannot be exercised: |
| - for goods sold at a lower price due to a defect for which a lower price was agreed, |
| - for the wear and tear of the goods caused by their usual use, |
| - in the case of used Goods, for a defect corresponding to the degree of use or wear that the goods had when you took them over, or |
| - if it follows from the nature of the goods. |
| 6.5 Our Liability |
| (a) If you have the status of a consumer and at the same time the fulfillment takes place in the territory of the E.U., we are responsible to you as the seller in particular that at the moment when you take over the goods: |
| - the goods correspond to the description, type and quantity, as well as the quality, functionality, compatibility, interoperability and other characteristics that we or the manufacturer describe or that you expect with regard to the nature of the goods and the relevant advertising, the goods are fit for the purpose we state, or the purpose for which goods of that kind are usually used, |
| - the goods comply with the requirements of legal regulations. |
| (b) In the event that you are in the position referred to in point (a), goods whose defect becomes apparent within 1 year of receipt may be considered defective upon receipt, unless the nature of the goods or the defect precludes this. |
| 6.6. Force majeure |
| We shall have no liability for any failure to perform or delay in performance of our obligations under the Contract caused by events beyond our reasonable control ("Force Majeure Event(s)"). A force majeure event includes any act, event, omission or accident that is beyond our reasonable control and includes in particular (without limitation) the following, |
| - strikes, lockouts or other industrial restrictions, |
| - civil unrest, rebellion, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), threat of war or preparations for war, |
| - fire, explosion, storm, flood, earthquake, landslide or subsidence, epidemic or other natural disaster, |
| - unavailability of using railways, shipping, airplanes, car transport or other means of public or private transport, |
| - unavailability of using public or private telecommunications networks, |
| - acts, decrees, laws, regulations, decrees or restrictions of any government, |
| - the fulfillment of our obligations arising from any contract are considered suspended for the duration of the Force Majeure Event and the deadline for the fulfillment of our obligations is extended during the duration of the Force Majeure Event. We will use reasonable efforts to terminate the Force Majeure Event or to find a solution that will allow us to fulfill our obligations under the Agreement despite the Force Majeure Event. |
| 7 Payment terms |
| 7.1 Card payment - GoPay |
| You pay immediately during the ordering process by entering your payment card details through the GoPay payment gateway. When sending the goods, the actual invoiced price will be paid from your payment card after applying discounts, vouchers, etc. |
| 7.2 Payment on delivery |
| Payment for the goods is made in cash upon delivery of the package in the amount specified in the invoice. In case of withdrawal from the contract, the payment will be returned by bank transfer. For this purpose, we need information about your bank account, including the bank code. |
| We have made every effort to ensure that shopping through the website is secure. It cannot be held responsible for any fraudulent use of stolen payment cards through the website, but we will help you and your payment card issuer to investigate suspected fraudulent use of a card payment. |
| 7.3 Online bank transfer |
| Choose payment by bank transfer in the shopping cart. *Bank transfers are only possible for the listed banks. |
| After choosing your bank, log in to your internet banking |
| All the payment information will already be filled in, all you have to do is confirm the transfer. Then make the payment. |
| 8 Discount codes (vouchers, discount coupons), Gift vouchers |
| 8.1 Discount codes (vouchers, discount coupons) |
| (a) You can apply the discount code that we have provided to you when creating an order under the following conditions: |
| - The discount code cannot be applied repeatedly, |
| - Discount codes cannot be combined with each other, |
| - The discount code cannot be applied to additional services. |
| (b) The value of the discount code is calculated equally among all items of goods in the order where the discount code can be applied. |
| (c) In case of withdrawal from the contract or return of part of the goods from the order in which you applied the discount code, you will be refunded the adequate amount that you actually paid for the returned goods. |
| (d) If a discount code has a limited validity period, you can use it during the time period that ends on the validity date. Due to non-use of the discount coupon within the validity period, you are not entitled to any compensation for the unused discount code. |
| (e) If you apply the discount code in violation of the rules for the use of discount codes, we have the right not to accept the applied discount code in the order and withdraw from the concluded contract. |
| 8.2 Gift Vouchers |
| (a) The gift voucher is valid for 6 months from the date of issue. |
| (b) The gift voucher can also be used for the price of transport. |
| (c) Only one gift voucher can be redeemed at the time of purchase, the value of which cannot be divided between multiple orders. |
| (d) An unused gift voucher cannot be exchanged for another, redeemed or extended. |
| 9 Additional services |
| 9.1 "Gift packaging" |
| "Gift wrapping" is a service in which we wrap your ordered goods in a gift box. |
| 9.2 "Express Shipping + Package Insurance" |
| "Express shipping + Package insurance" is a service in which we send the goods you ordered as a priority, and in the event that the goods are not delivered to you or are damaged, we will refund your money after 10 days from the date of shipment. |
| 9.3 Fee and withdrawal from additional services |
| The fee for "Gift packaging" and "Express shipping + package insurance" is a one-time fee, payable immediately after the order is made and non-refundable. It is not possible to withdraw from the services if the goods have already been packed (we proceed to provide the gift or ecological packaging service immediately after creating the order, if you choose this service). |
| 10 Transport and delivery of goods |
| We send all parcels via a private transport company. The parcel will be delivered within 7 working days of submission at the latest. You will be informed about the shipment of the goods by e-mail. However, it is necessary to fill in as the delivery address the address at which you can be reached during the day between 8:00 a.m. and 6:00 p.m. If this place is your place of employment, it is necessary to enter the name of the company in addition to your name. |
| 10.1 Method of transport |
| • Delivery to the address |
| • Delivery to the collection point |
| 10.2 Shipping Costs |
| You can find out about the delivery fee on the website in the Shipping and payment section of the country you ordered the delivery to, as well as when creating an order. You will also receive a summary of the shipping costs in the confirmation email after creating the order. |
| Note: |
| We recommend opening the shipment immediately after receipt and checking whether the goods are not damaged even if the packaging of the goods is not damaged. If the shipment shows signs of damage upon delivery, refuse to accept it! If this unpleasant situation occurs, inform us immediately (but no later than the next working day) about the situation via email at factcool-en@factcool.com. The situation will be resolved in the shortest possible time. In the event of non-acceptance of the goods, we charge the shipping price based on the carrier selected in the order. |
| 10.3 Packaging |
| Unless otherwise agreed, we pack the goods according to normal conventions, or if there are no conventions, then we pack the goods in question in a way that ensures their protection and preservation of their quality during transport. |
| 10.4 Availability |
| We make every effort to ensure that all details, descriptions and prices of goods appearing on the website are correct and up to date at the time they are entered into the system. Although we make every effort to keep the website updated regularly, the information available on the website may not always reflect the actual availability of the goods at the time the order is placed. The price of the goods will be determined in the order confirmation form. |
| 10.5 Complaints about shipments |
| In case of loss of a pre-paid shipment during transport, the procedure is as follows: |
| 1. The order you insured (you purchased the "Express Shipping + Package Insurance" service for the order) - we will return the money to you after 10 days from the date of shipment. |
| 2. Order without shipment insurance - the deadline for processing a claim is 30 days from receiving information about the loss of the shipment. |
| 11 Personal data protection |
| All personal information is considered private and confidential and is treated in accordance with the Privacy Policy which can be found on the website. We determine your satisfaction with the purchase through e-mail questionnaires as part of the Verified program, with which our online store is connected. We send them to you every time you make a purchase from us, unless in accordance with § § 62 of the Act no. 351/2011 Coll. on electronic communications, as amended, you will refuse the receipt of electronic mail for direct marketing purposes. We process personal data for the purpose of sending questionnaires as part of the Verified by customers program on the basis of our legitimate interest, which consists in ascertaining your satisfaction with the purchase. For sending questionnaires, evaluating your feedback and analyzing our market position, we use a processor that is the operator of the Heureka.cz portal, to which we can pass information about the purchased goods and your e-mail address for these purposes. When sending e-mail questionnaires, your personal data is not passed on to any third party for its own purposes. You can object to the sending of e-mail questionnaires as part of the Customer Verified program at any time by opting out of further questionnaires using the link in the e-mail with the questionnaire. In the event of your objection, we will not send you the questionnaire any further. |
| 12 Applicable law, supervisory authority and dispute resolution |
| 12.1 Governing Law |
| These GTC and contracts are governed and interpreted in accordance with the laws of the Slovak Republic, considering consumer protection provided by foreign legislation. |
| 12.2 Complaints and supervisory authority |
| (a) You can make any complaints through the contact form or address them to the relevant government authorities. |
| (b) Compliance with legal regulations for the protection of consumer rights is controlled by the Slovak Commercial Inspection in the territory of the Slovak Republic https://www.soi.sk |
| (c) We kindly ask you to always contact us with the given problem via the following email before contacting the relevant authorities: factcool-en@factcool.com. |
| 12.3 Out-of-Court Dispute Resolution |
| (a) Any dispute between us and a consumer from any European Union country arising from the contract that we have been unable to resolve together may be resolved out of court through an ADR or online ADR. |
| (b) The competent authority for the out-of-court settlement of disputes between entrepreneurs and consumers in the territory of the Slovak Republic is the Slovak Commercial Inspection Slovenská obchodná inšpekcia pre Trenčiansky kraj Hurbanova 2944/59, 911 01 Trenčín https://www.soi.sk |
| (c) The list of bodies responsible for out-of-court dispute resolution within the European Union is available on the following website: http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/national-out-of-court-bodies/ index_en.html |
| (d) As a consumer from a country belonging to the European Union, you can use the online dispute resolution platform managed by the European Commission at the following Internet address: http://ec.europa.eu/consumers/odr/. |
| 12.4 Jurisdiction |
| To the extent permitted by the relevant legal regulations relating to conflict of laws, the courts of the Slovak Republic have exclusive jurisdiction to resolve any dispute or claim arising from the Agreement or arising in connection with the Agreement or its subject matter or the conclusion of the Agreement. |
| 13 Final Provisions |
| 13.1 Intellectual Property Rights |
| (a) Unless otherwise stated, the copyright and other intellectual property rights in the content of the Website are owned by us or our licensors. Any access to or use of the Website for any reason other than Your personal, non-commercial use is prohibited. |
| (b) No part of the Website may be reproduced or stored on any other website or included in any public or private electronic search engine or other website without our prior written consent. |
| (c) You acknowledge and agree that the materials and content contained on the Website are made available for your personal non-commercial use only and that you may (if necessary to make a purchase of goods) download such material and content for this purpose exclusively on computer hard drive. Any other use of the website material and content is strictly prohibited. |
| (d) You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such materials and website content and you also agree not to assist in such activity or facilitate such activity by third parties. |
| (e) You acknowledge that you are not authorized to use the registered trademarks, trade names, company logos, etc. of us or our contractual partners. |
| 13.2 Compliance with Legal Regulations |
| The website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations regarding the Website and all transactions conducted on or through the Website. |
| 13.3 Written Communications |
| Applicable laws require that some information or messages we send to you be in writing. By using the website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information through a notice on our website. For contractual purposes, you agree to use such electronic means of communication and acknowledge that all agreements, notices, information and other communications we provide to you electronically comply with any legal requirement that such notice be in writing. This agreement does not affect your statutory rights. |
| 13.4 Assignment of rights and obligations |
| (a) The Agreement between us is binding on you and us and our legal successors and assigns. |
| (b) You may not transfer, assign or otherwise dispose of the contract or any of your rights or obligations under it without our prior written consent. |
| (c) We may transfer, assign, subcontract or otherwise dispose of the Contract or any of our rights or obligations under it at any time during the term of the Contract. However, none of the above will lead to a deterioration of your position if you are a consumer. |
| 13.5 Severability |
| If any provision of the GTC is, or becomes, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the GTC and shall not affect the validity and enforceability of any other provision of the GTC. |
| 13.6 Waiver and Liability |
| (a) No waiver by us shall be construed as a waiver of any right of action or a waiver of any right arising from a subsequent breach of any provision. |
| (b) We shall have no liability for any direct, indirect, special, incidental, punitive or any other damages or lost profits, damaged data or other intangible property to the extent permitted by applicable law. This disclaimer also applies to cases where we were informed, knew or should have known that such damage could have occurred. Nothing in the GTC shall be construed to limit or exclude liability that cannot be limited or excluded by applicable law. In all cases and to the extent permitted by applicable law, our total liability for damages and losses caused in connection with the contract is strictly limited to the amount of the purchase price paid for the goods purchased. |
| 13.7 Completeness of Agreement |
| (a) We rely on the wording of these GTC and any documents to which we expressly refer. Although we assume responsibility for the notices and statements of our duly authorized representatives, please request that all changes to these GTC be confirmed in writing. |
| 13.8 Our right to change the GTC and the website |
| (a) We may revise and change these GTC from time to time. You are subject to the rules and GTC valid and effective at the time you order the goods, unless a change to these rules or GTC is required by law or a government authority (in which case the change will apply to an order placed before the change) or if we inform you of to a change in the rules or GTC before sending the acceptance of the Order (in this case, we have the right to assume that you have accepted the change to the GTC, unless you notify us of your non-acceptance of the change to the Terms within seven working days of receiving the goods). If you do not agree to the change to the TOS, you must stop using the website. If you continue to use the website, you will be deemed to have accepted the new version of the GTC. |
| (b) We reserve the right to temporarily or permanently modify or remove this website (or any part thereof) without prior notice. We shall have no liability to you or any third party for any modification or removal of the Website. |