Terms of Service
1.1 This website is operated by Dvectis GMBH. Throughout the site, the terms "Dvectis”, "we”, "us” and "our” refer to Dvectis GMBH. Dvectis offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1.2 By visiting our 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 Terms of Service apply to all users of the web site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Website can potentially be accessed by a variety of technologies, including, without limitation, a web browser on a computer or via a mobile telephone or other mobile device ("Browser"), that link to these Terms (collectively, "Web Site").
1.3 Please read these Terms of Service carefully before accessing or using our website. You agree to these Terms by accessing or using the Web Site, registering for services offered on the Web Site, purchasing goods or services through the Web Site, or by accepting, uploading, submitting or downloading any information or content to or from the Web Site. 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 Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
1.4 Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1.5 Our store is hosted on Shopify Inc. Shopify Inc. provides us with the online e-commerce platform that allows us to sell our products and services to you.
II. Online Store Terms
2.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
2.2 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).
2.3 You must not transmit any worms or viruses or any code of a destructive nature.
2.4 A breach or violation of any of the Terms will result in an immediate termination of your Services.
III. General Conditions
3.1 We reserve the right to refuse service to anyone for any reason at any time.
3.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
3.3 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 Dvectis GMBH.
3.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
IV. Accuracy, Completeness and Timeliness of information
4.1 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.
4.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify 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.
V. Modifications to the Service and Prices
5.1 Prices for our products are subject to change without notice.
5.2 We offer no price protection your order(s). We shall not be liable for any price differences caused due to price changes.
5.3 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
5.4 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
VI. Products or Services
6.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
6.2 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.
6.3 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. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
6.4 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.
VII. Cancelation of Orders
7.1 Dvectis reserves the right to refuse an order for any reason. We also reserve the right to cancel any order that we have already accepted. Should an accepted and paid for order be cancelled, we will refund any payments for such order. However, Dvectis will not be liable for any other damage or costs. An accepted order may be cancelled under (including but not limited to) the following circumstances:
- a. the Product becomes unavailable;
- b. your billing information is not correct or not verifiable;
- c. our security systems flag your pre-order as an unusual order or an order susceptible to fraud;
- d. your bank transfer payment is not received within 12 calendar days after we have accepted your pre-order;
- e. we have reason to believe you are not of legal age to make a purchase;
- f. there was any error in the price quoted for your order;
- g. we are or were unable deliver to the address you provided.
VIII. Payment Processing and Service Delivery
8.2 Delivery time of such placed order varies and depends on the product availability and possession of correct shipping information. We are committed to process your order for shipment as soon as possible; generally within a few days. However, we reserve the right to longer delivery timeframe due to unexpected reasons. You will receive an email notification with expected time of delivery when your order is physically placed for shipment. Customer service is available to address delivery times as accurately as possible. You shall have the right to cancel your order at any time if you feel the delivery time shall not be acceptable by contacting our customer service at email@example.com.
8.3 DVECTIS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SHIPMENT DATE OF ANY ORDER.
IX. Accuracy of Billing and Account Information
9.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
9.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
9.3 For more detail, please review our Return Policy.
X. Optional Tools
10.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
10.2 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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
10.3 Any use by you 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 approve of the terms on which tools are provided by the relevant third-party provider(s).
10.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
XI. Third-Party Links
11.1 Certain content, products and services available via our Service may include materials from third-parties.
11.2 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.
11.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
XII. User Comments, Feedback and other Submission
12.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
12.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
12.3 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.
XIII. Personal Information
XIV. Errors, Inaccuracies and Omissions
14.1 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).
14.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
XV. Prohibited Uses
15.1 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 any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
XVI. Disclaimer or Warranties; Limitation of Liability
16.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
16.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
16.3 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.
16.4 You expressly agree that your use of, or inability to use, the service is at your sole 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 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.
16.5 In no case shall Dvectis , 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, 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) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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.
XVII. No medical advice; Inquiries Regarding Medical Issues
17.1 We may provide information concerning certain clinical matters related to our products, but neither this information nor any other Information on this web site is intended to constitute medical advice or replace discussions with a healthcare provider. You should not use the Contents of this website for diagnosing a health or fitness problem or disease, but should always consult a physician or medical advisor. Unless otherwise noted, none of our products have been clinically evaluated, reviewed or approved by the United States Food and Drug Administration.
17.2 If you contact us via our web site or via any other communication channels, we do not guarantee a response. However, if we do respond, our response does not constitute a diagnosis or a recommendation for a treatment and you should always contact your health care professional before taking any medical steps. Additionally, if you are a Medical Doctor, you should not base your opinion solely or primarily upon information obtained from this website.
17.3 All responses to questions provided by us are provided "as is" and without warranty of any kind. You should not rely upon any Information provided by us or any information that may be provided by a third party on this website for the purposes of medical treatment or otherwise. We assumes no responsibility whatsoever for any erroneous advice or other information provided on this website, whether provided by us or a third party.
17.4 We do not undertake any duty to monitor or update the statements made by us or third parties (and any monitoring that is done is solely for our own business purposes and not as any duty undertaken for the protection of you or other users). You agree not to sue or make any claim of any kind against us, our employees or agents, or against any third party who has provided information.
18.1 You agree to indemnify, defend and hold harmless Dvectis and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from 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 Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
19.1 In the event that any provision of these Terms of Service is determined 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 Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
20.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
20.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
20.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may 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 accordingly may deny you access to our Services (or any part thereof).
XXI. Entire Agreement
21.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
21.2 These Terms of Service and any policies or operating rules posted by us on this site 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 of Service).
21.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against us.
XXII. Intelectual Property
22.1 You acknowledge and agree that all content and material on this website ("Contents”), including, but not limited to, text and images, is protected by copyrights, trademarks, service marks, patents, trade secrets or other intellectual property rights and laws. The Contents are owned by Dvectis GMBH. and/or its affiliates, partners, or other third parties from whom Dvectis has licensed certain legal rights. All product names, whether or not appearing in large print or with the trademark symbol are trademarks of Dvectis and/or its affiliates, related companies or its licensors or joint venture partners. Any use of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may violate without limitation, copyright law, trademark law, the law of privacy and publicity, and communications regulations statutes. All past, present and future content, including, without limitation, words, pictures, graphs, charts, and other matters presented or made available on the Web Site, along with trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Web Site, including, without limitation, the "look and feel" of the Web Site (the "Information") are protected by applicable copyrights and other proprietary rights (including, without limitation, intellectual property rights) and are the property of Dvectis or its licensors. All trademarks, service marks, trade names or other identifying marks displayed on the Web Site (the "Marks") are owned by us and/or our respective licensors. Except as applicable law may provide otherwise or as consented to in advance in writing by us, we do not consent to any use of the Marks by any person and do not grant you any right to use the Marks displayed on the Web Site.
XXIII. Governing Law
23.1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of state of Florida in United States of America, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Florida, U.S.A.
XXIV. Changes to Terms of Service
24.1 You can review the most current version of the Terms of Service at any time at this page.
24.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 these Terms of Service constitutes acceptance of those changes.
XXV. Contact Information
25.1 Questions about the Terms of Service should be sent to us via email to firstname.lastname@example.org or via mail to Dvectis GMBH., Hofmark 126, 5622 Goldegg, Österreich.