Terms and Conditions
Welcome to my beautiful website. By using our website, you agree to be bound by its Terms and Conditions, Return Policy and Privacy Policy and all disclaimers, terms and conditions that appear elsewhere on our Website. Owner of this site and content is
Black ocean s.r.o.
Registration number (IČO): 24226891
Resident address: Michelská 966/74, 141 00 Praha 4, Czech Republic
Email: [email protected]
which further in the text can be referred to as (ET) “me” “us” “our” and so on.
Purchase Agreement
By processing an order through the utilization of your credit card, money order or check, YOU AGREE THAT YOU HAVE ENTERED INTO A LEGAL AND ENFORCEABLE ONLINE CONTRACT WITH (ET), AND ACCEPT THE TERMS AND CONDITIONS AS STATED IN THIS “CONDITIONS OF USE AND SALE” TO GOVERN YOUR PENDING TRANSACTION WITH US
Copyright
All textual, graphic, audio and visual content included on or comprising our Website including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future throughout the universe in perpetuity. All Content is copyrighted as a collective work under the EU and international copyright laws, and (ET) owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.
Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.
(ET) logos and other trademarks on the Website are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by (ET) and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
By using our Website, you agree that any information (except for purchase information), materials, suggestions, ideas or comments you send to us or any other third party using our Website is non-confidential. By submitting any solicited or unsolicited information using our Website, you grant us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.
Furthermore, do not post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violate any law.
Right to Download
You may only download Content displayed on our Website for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material in any manner and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame” or use the content of our Website including the text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of us. It is strictly prohibited to download the images of the products for sale within this Website. Any software downloaded from our Website is provided in accordance with the Disclaimer section of these Terms & Conditions, “as is” and is provided without any warranties or guarantees, and we will not be liable or responsible for any damage to you or your system created or caused by conflicts with your computer or software.
Use of Site
To purchase items at our Website, you must be 18 years of age or older. Any offers of sale presented on this Website or our Associates’ Website are only intended for individuals who are 18 years of age or older. By purchasing items from this Website, you affirm that you are 18 years of age or older. our Website is intended for use by individuals of at least 13 years of age or older. our Website is not directed for use by children under the age of 13. Users under the age of 13 should get the assistance of a parent or guardian to use this Website.
Errors on Our Website
Prices and availability are subject to change without notice. Errors will be corrected where discovered, and we reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with our Website Return Policy.
Third-Party Websites
our Website contains links to other Websites operated by third-parties, including but not limited to third-party Websites that display our trademarks (“Third-Party Website(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Websites and for no other purpose.
(ET) does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Website or its content. A link to a Third-Party Website on our Website does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Website. We makes no representation or warranty as to any products or services offered on any Third-Party Website.
The conditions of use and privacy policy of any Third-Party Website may differ substantially from the Conditions of Use and Legal Notices that apply to your use of our Website. Please review the conditions of use for all Third-Party Websites for more information about the terms and conditions that apply to your use of Third-Party Websites.
Site Security
If you use this Website, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account.
our Website may only be used for lawful purposes. Activities including, but not limited to, tampering with the Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Website are prohibited.
Users are prohibited from violating or attempting to violate the security of our Website, including, without limitation,
(a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access;
b) using the Website for unintended purposes or trying to change the behavior of the Website;
(c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
(d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”;
(f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or
(g) forging communications on behalf of the Website (impersonating our Website) or to the Website (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of (ET) , including promotions and/or advertising of products or services, is expressly prohibited.
You agree not to use any device, software, routine or data to interfere or attempt to interfere with the proper working of our Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Website other than the search engine and search agents provided by us or generally publicly available browsers.
Pricing Policy
The online prices listed by our site Online are the most accurate available to us at the time of posting. Our prices are subject to change and are non-negotiable.
Sales Tax Policy
We do business throughout the Czech Republic and accordingly collect sales and use tax as required by applicable law. However, the law governing our obligation to collect sales tax from online purchases may change, and we may be required to collect sales tax from you without notice if there is a change in the law governing online sales.
Payment Methods
You may pay for your order with any of the major credit cards issued in the Czech Republic and internationally. Currently, we accept:
- Visa®
- MasterCard®
EU customers may also pay for your orders with SEPA bank transfer.
All transaction conducted through this site utilize the latest in encryption technology and secured.
Order Verification
Some orders are subject to our site ‘s order verification process. This procedure is for your protection against credit card fraud. We may ask you to verify that you are the card owner and. This process will most likely not delay your order and generally requires a simple call back.
If your order requires going through the order verification process, we will advise you by phone or email. For this reason it is important that you provide us with your day and home telephone number when ordering, and that you keep your information current.
Please note that when asked to enter your billing information during the check-out process, you must enter your “bill-to-address,” which means the address where you receive your monthly statements from your bank institution. The bill-to-address you provide must agree and match the address that the card-issuing bank as on file.
Order Acceptance
After you place an order using our checkout or facsimile process, we will verify the information you give us for validity, by verifying your method of payment, billing address. If we reject your order, we will attempt to notify you using the e-mail address you have provided with your order.
Note: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. our Website reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Installation & Additional Expenses
our site does not install the products sold on its Website, nor is it responsible for any costs, expenses or loss of time you may incur as a result of installing your products after your receive an order from us. our site is not responsible for any damages or injury resulting from improper installation or breach of security, even if it occurs as a result of faulty equipment or improper installation. Installation is solely your responsibility and you agree to hold us harmless from any such additional expenses.
Return Policy
Our return policy can be found on our website.
Disclaimers
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, our site DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL our site BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US OR ITS ASSOCIATES SHALL CREATE A WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY IN ALL JURISDICTIONS.
Venue and Applicable Law
our Website is created, operated and controlled by our site in the Czech Republic. All disputes under this Agreement shall be resolved by litigation in the government of Czech or EU including the small claims courts therein and you agree to consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. The laws of the Czech Republic will also govern the Legal Notices and Disclaimers and Privacy Policy without giving effect to any principles or conflicts of laws.
Termination of Use
our site may in its sole discretion terminate your account or your use of our Website at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. our site reserves the right to change, suspend, or discontinue all or any aspects of our Website at any time without prior notice.
Limitation of Liability
By using our Website, you expressly agree that use of our Website is at your sole risk. our Website is provided on an “AS IS” and “as available” basis. Neither our site nor its respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of our Website will be uninterrupted or error-free. Neither our site nor its Associates warrant the accuracy, integrity or completeness of the content provided on our Website or the products or services offered for sale on our Website. Further, our site makes no representation that content provided on our Website is applicable to, or appropriate for use in, locations outside of the Czech Republic.
Under no circumstances shall our site or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use our Website, including but not limited to reliance by you on any information obtained from our Website that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply whether in an action of contract, negligence or other tortuous action, even if an authorized representative of our site has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through our Website. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
our site reserves the right to make changes to our Website and its Terms and Conditions, Legal Notices and Disclaimers and Privacy Policy at any time. Each time you use our Website, you must visit and review the then current Terms and Conditions, Legal Notices and Disclaimers and Privacy Policy that apply to your transactions and use of this Website. If you are dissatisfied with our Website, its content or Terms and Conditions, Legal Notices and Disclaimers and Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using our Website.
This document was last revised: December 24, 2021