Transformart.io Services/Shop T&Cs
Last Material Update: 10 December 2021
- This website, transformart.io (the “Platform” or “Site“), is operated by Transformart.io. Throughout the site, the terms “we”, “us” and “our” refer to Transformart.io.
- Please read these Terms carefully before accessing or using the Platform. By visiting the Platform and/ or purchasing something from us, you engage in our “Service” and agree that (a) you are at least eighteen (18) years of age; and (b) you have the full right, power, and authority to agree to these Terms. You further agree to be bound by the following terms and conditions (“Terms“), (i) our Privacy Notice and; (ii) our Cookies Policy accessible at the Cookies Consent banner on transformart.io. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
OUR CONTRACT WITH YOU
- You may place orders with us for any products or goods or service offered on the Platform (“Merchandise” or “Service”). Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we are unable to accept your order, we will let you know in writing and will not charge you for the Merchandise/Services ordered. This might be because, without limitation:
- the Merchandise ordered is out of stock;
- there are unexpected limits on our resources which we could not reasonably plan for;
- we have identified an error in the price or description of the Merchandise/Services; or
- we are unable to meet a delivery deadline you have specified.
- Notwithstanding Section 2.2 above, we are entitled, in our sole discretion and without providing reasons to, (i) refuse service, limit the sales of our Merchandise or Services to any person, geographic region or jurisdiction; and (ii) end the sales contract and refund the cost paid by you. We may exercise this right on a case-by-case basis.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
- You hereby represent and warrant that any and all information provided to us, our affiliates or any of our third party service providers, is always complete, accurate and up to date in all respects and that in the event that such information ceases to be complete, accurate and up-to-date, you shall provide us, our affiliates and third party service providers which such revised and updated information without delay. If at any time we believe that your information is outdated or inaccurate, we may contact you and request further information or request that you go through the verification process again. Failure to provide up to date information may result in your inability to or adversely affect your use of the Platform or Service. You undertake to indemnify us, our affiliates and any third party service providers for any and all losses incurred as a result of your failure to provide complete, accurate and up to date information at any point prior to and following termination of our Services.
ERRORS, INACCURACIES, DISCREPANCY AND DELAY
- Occasionally there may be information on the Platform or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, 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). Notwithstanding the foregoing, 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.
- Notwithstanding Section 4.1 above, in the event that any error in the price of the Merchandise/Services is discovered after we accepted your order, we will charge you the listed price at the time of you submitting the order.
- We endeavor to display as accurately as possible the colors and images of our Merchandise/Services, but the images are for reference only and we cannot guarantee that the color will be displayed accurately on your device.
- If our supply of the Merchandise/Service is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any Merchandises/Services you have paid for but not received.
- By using the Platform, you confirm that you have read and understood our Privacy Notice and understand how we collect, use, disclose and share amongst ourselves your personal data and disclose such personal data to our authorised service providers and relevant third parties. We will only share your personal data in order to facilitate and administer your use of the Platform or otherwise if required by law or any of our counterparty who is the controller of your data. Such data controller will manage and protect your personal data in accordance with all applicable data protection laws. For full and comprehensive information about when and why we collect personal information about you, how we use it, the conditions under which we may disclose it and how we keep it secure, please refer to our Privacy Notice.
- 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 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.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- We do not warrant that the quality of any Merchandise, 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 do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
- Subject to Section 7.4 below and to the extent permitted by Estonian laws:
- The Service and the Merchandise delivered to you 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;
- we shall not be liable to you (whether in contract, tort or otherwise) for any loss arising out of or in connection with these terms for lost profits, lost revenues, lost business opportunities, lost data, other intangible losses, punitive, exemplary, punitive, special, incidental, indirect or consequential damages, each of which is hereby excluded by agreement of the parties to these terms, regardless of whether such damages were direct or indirect, foreseeable or unforeseeable, or whether our or our representatives have been advised of the possibility of such damages;
- our liability in respect of representations and warranties that cannot be excluded is limited, at our option, to any one of: (i) re-supplying, replacing or repairing the Merchandise or services in respect of which the breach occurred; or (ii) paying the cost of the re-supplying, replacement or repairing of the Merchandise or services in respect of which the breach occurred; and
- our total liability to you for all losses arising under these Terms shall be limited to the total sums received by us for the Merchandises.
- Nothing in these Terms will limit or exclude our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- You agree to indemnify, defend and hold harmless Transformart.io 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 or any documents incorporated, or your violation of any law or the rights of a third-party.
RETURN, REFUND, QUERIES AND COMPLAINTS
- If you have any issues with your order, including any changes, return or refund that you would like to make, or have any issues with your order, feedback, questions or complaints, please contact us at email@example.com. We have full discretion on whether or not to accept the changes.
- The displayed prices of the Merchandise are exclusive of any customs duties or taxes or any kind, the payment of which is your exclusive responsibility. Therefore, when placing an order, it is your responsibility to ensure with the local authorities that you comply with any prior formalities and / or payment of duties and taxes of any kind related to the import of the products.
AMENDMENT AND VARIATION
- We reserve the right to discontinue any Merchandise or any Services or modify the descriptions or prices of the Merchandise at any time without notice, at our sole discretion.
- These Terms may from time to time be updated or amended, and we will post any such updates on the Platform. Such updated Terms as posted will take effect immediately unless otherwise indicated. You should regularly check the Platform to inform yourself of any such changes. By continuing to use the Platform after any such changes have taken effect, you are indicating your acceptance of the updated or amended Terms. If you do not wish to be bound by any changes or amendments to these Terms, then you should stop using the Platform or purchasing any Merchandise immediately.
TRANSFER, ASSIGNMENT OR DELEGATION
- These Terms, and any rights and obligations and licences granted hereunder, are limited, revocable, non-exclusive and personal to you and therefore may not be transferred, assigned or delegated by you to any third-party without our written consent, but may be transferred, assigned or delegated by us without notice and restriction, including without limitation to any of the entities within the Transformart.io group. Any attempted transfer or assignment in violation hereof shall be null and void.
- If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable laws.
- These Terms constitute the entire agreement between the parties with regard to its subject matter and supersedes and invalidates all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, (whether oral or in writing, express or implied). Each party acknowledges that in agreeing to these Terms it does not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.
- These Terms are concluded in the English language and all communications including any notices or information being transmitted shall be in English. In the event that these Terms or any part of it is translated (for any proceedings, for your convenience or otherwise) into any other language, the English language text of these Terms shall prevail.
- These Terms shall not be waived in whole or in part except where agreed by all parties in writing.
- The delay of enforcement or the non-enforcement of any of the terms of these Terms by any party shall not be construed as a waiver of any of the other rights of that party arising out of the breach or any subsequent breach of any of these Terms and no right, power or remedy conferred upon or reserved for any party in these Terms is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
NOTICES AND COMMUNICATIONS
- By using the Platform or the Services, you agree that we may provide you with any notices or other communications, including marketing, relating to your use of the Platform or the Services electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You will always be given the option to unsubscribe from receiving any marketing material from us.
- Notices to us should be sent electronically to our support system at firstname.lastname@example.org.
THIRD PARTY RIGHTS
- Other than any entities within the Transformart.io group, a person who is not a party in these Terms has no right to enforce any of these Terms.
GOVERNING LAW AND JURISDICTION
- Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Court of Arbitration of the Estonian Chamber of Commerce and Industry rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Estonia, Tallinn. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.