TERMS AND CONDITIONS
Welcome to www.store.andemes.com website (the "Site"). These terms and conditions ("Terms and Conditions") apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.
For the purposes of this website, “seller”, “we”, “us” and “our” all refer Andemes. The Site reserves the right, to change, modify, add, or remove portions of both the Terms and Conditions of Use and the Terms and Conditions of Sale at any time.
Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.
Kindly review the Terms and Conditions listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms and Conditions without modification.
You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.
USE OF THE SITE
You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian.
Both parties agree that this website may only be used in accordance with these Terms and Conditions of Use. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website.
We grant you a non-transferable, revocable and non-exclusive licence to use this Site, in accordance with the Terms and Conditions of Use, for such things as: shopping for personal items sold on the site, gathering prior information regarding our products and services and making purchases. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance.
These Terms and Conditions of Use specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited.
Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure.
The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.
ACCEPTABLE USE OF OUR SERVICES
Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.
Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Andemes , our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialling, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
Harm to Andemes or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
Keeping Your Account Secure. You are responsible for keeping your device and your Andemes account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
Our Rights. Andemes does not claim ownership of the information that you submit for your Andemes account or through our Services. You must have the necessary rights to such information that you submit for your Andemes account or through our Services and the right to grant the rights and licenses in our Terms.
Andemes’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our Brand Guidelines.
Your License to Andemes. In order to operate and provide our Services, you grant Andemes a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the purpose of operating and providing our Services
Andemes’s License to You. We grant you a, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.
You shall 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 Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
By completing an order or signing up, you agree to receive a) emails associated with finalizing your order, which may contain relevant offers from third parties, and b) emails asking you to review Andemes and your purchase and c) promotional emails, SMS and push notifications from Andemes. You may unsubscribe from promotional emails via a link provided in each email. If you would like us to remove your personal information from our database, unsubscribe from emails and/or SMS, please email Customer Service.
INFORMATION AVAILABLE ON THE WEBSITE
You accept that the information contained in this website is provided “as is, where is”, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee.
Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
Prices of goods and services and delivery and other charges displayed on the web site are current at the time of display. These prices are subject to variation without notice. We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the web site is accurate, complete, reliable, current or error free.
PLACING AND ACCEPTING ORDERS
Orders will not be dispatched until payment in full has been received and we're satisfied with the integrity of the order.
Without limiting the operation of any other Terms and Conditions herein, we are not responsible for any loss or damage caused by late delivery or cancellation of an order or a product. Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email or call you on phone Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
CANCELLATION BY US
We reserve the right not to provide goods or services, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.
CANCELLATION BY YOU
If you need to cancel an order, please contact us immediately at firstname.lastname@example.org. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion. Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.
ACCESSIBILITY OF WEBSITE
Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.
LINKS AND THIRD-PARTY WEBSITES
We may include links to third party websites at any time. However, the existence of a link to another website should not be consider as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise.
In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites.
Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.
Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.
Any unauthorised use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions of Use shall be interpreted and governed by the law in force in the country of business.
FORMATION OF CONTRACT
Both parties agree that browsing the website and gathering information regarding the services provided by the seller does not constitute an offer to sell, but merely an invitation to treat. The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.
Both parties agree that the acceptance of the offer is not made when the seller contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product.
Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order. Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.
PAYMENT AND PRICING
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.
PAYMENT SECURITY POLICY
Our Payment Service Provider is highly secured and efficient. It provides a secure payment gateway, processing payments for thousands of online businesses, including ours. It is our payment service provider’s utmost priority to ensure that transaction data is handled in a safe and secure way.
It complies with security standard to the highest level and maintains regular security audits. It is also regularly audited by the banks and banking authorities to ensure that their systems are impenetrable.
So when buying through our site, you can be sure that you are completely protected.
OTHER PROHIBITED CONDUCT
In connection with your access and/or use of the Site, you agree not to:
- violate any federal, state, or local laws or regulations;
- defame, abuse, harass, or threaten others;
- use offensive language;
- depict or promote cruelty to animals or humans except in a manner meant to bring awareness to issues related to cats that is consistent with the purpose of the Site;
- upload/post anything that imposes an unreasonable or disproportionately large strain on Andemes’ network or computer infrastructure;
- engage in any behavior that is designed to hack into or gain unauthorized access to protected areas of the Site and/or Andemes’ computers, servers or networks, and/or any computers or systems used by other users of the Site;
- take any actions (e.g. upload/post anything) that could destroy, damage, or impair any portion of the Site or any computers, systems, hardware, or software used by Andemes or other users;
- make unauthorized attempts to modify any information stored on the Site;
- make attempts to defeat or circumvent security features, or to utilize the Site for any other purpose other than its intended purposes;
- discuss, incite, or promote illegal activity;
- upload/post any unsolicited or unauthorized advertising, promotional materials, spam emails, chain letters, pyramid schemes, or any other form of such solicitations;
- attempt to collect or harvest personally identifiable information or use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Site;
- use the Site to send spam or unsolicited bulk email; and/or
- provide false or misleading information when signing up for a Site account or otherwise upload/post any false or misleading information or content through the Site.
The previous list of prohibitions is not exclusive. Andemes reserves the right to terminate your access to the Site or any Site services for any reason.
Andemes reserves the right to refuse, delete, or edit any User Generated Content (UGC) without cause and without notice for any or no reason including, but not limited to, for any action that Andemes determines is inappropriate or disruptive to the Site or to any other user of the Site. You agree to waive and hold harmless Andemes from any legal claims resulting from any action (or inaction) taken (not taken) by Andemes in this regard.
Andemes is under no duty to, and does not represent it will, monitor and/or remove any UGC.
By accepting these Terms, you waive and hold harmless Andemes from any claims resulting from any action taken by Andemes during or as a result of Andemes’s investigation and/or from any actions taken as a consequence of investigations by either Andemes or law enforcement related to your use of the Site.
DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY
Your use of the site is at your own risk.
To the extent allowed under the law, Andemes and/or its affiliates make no express or implied warranties, representations or endorsements whatsoever with respect to the site or any goods or services offered on or through the site.
To the extent allowed under the law, Andemes and/or its affiliates expressly disclaim all warranties of any kind, (express, implied, statutory, or otherwise), including, but not limited to, implied warranties of merchantability, security, completeness, timeliness, appropriateness, accuracy, fitness for a particular purpose, freedom from computer viruses, title, and non-infringement.
To the extent allowed under the law, the disclaimer of warranties applies to the site, its content, and any goods or services offered on or through the site. Andemes and/or its affiliates do not warrant that the site functions or content will be uninterrupted, timely, or secure.
Andemes and/or its affiliates do not warrant the accuracy or completeness of the site. Andemes and/or its affiliates do not warrant that the site and/or content will be error-free, that any errors on the site will be corrected, or that the site/servers are free of viruses or other harmful components.
The site and related content, including any goods, services or information provided on or through the site, are provided on an “as is” and “as available” basis and, to the extent allowed under the law, without warranties of any kind, either express or implied.
You assume the entire cost of all necessary repairs in the event you experience any loss or damage arising from the use of the site or any site goods or services. Andemes and/or its affiliates make no warranties that your use of the site will not infringe the rights of others and assumes no liability for such infringement.
To the extent allowed under the law, in no event will Andemes or its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and/or business partners, nor any party involved in the creation, production or transmission of the site, be liable for any damages whatsoever, including, but not limited to, any direct, indirect, incidental, consequential, special, exemplary, punitive, actual, or other indirect damages, including loss of revenue or income, lost data, loss of goodwill, business interruption, pain and suffering, emotional distress, or similar damages, even if Andemes and/or any of the aforementioned parties have been advised of the possibility of such damages, arising out of: (1) the use or inability to use the site or any site goods or services; (2) any transaction conducted through or facilitated by the site; (3) any claim attributable to errors, omissions, or inaccuracies on the site; and/or (4) any other matter relating to the site, any good or service offered on or through the site, and/or any links on the site.
To the extent allowed under the law, in no event will the collective liability of Andemes or its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and/or business partners, or any party involved in the creation, production or transmission of the site, to any party, regardless of the type of action whether in contract, tort, or otherwise, exceed the greater of the amount you paid to Andemes and/or the aforementioned parties for the applicable good or service out of which the liability arose.
If you are dissatisfied with these terms or the site, your sole and exclusive remedy is to discontinue using the site.
If you are dissatisfied with any good or service offered on or through the site, to the extent allowed under the law, your sole and exclusive remedy is to discontinue using the site.
All provisions in these terms are applicable to the extent allowed under the law.
These Terms will apply to your use of Andemes until your access to Andemes is terminated by either you or us.
You may terminate your use of Andemes, or any of the services accessible therein, at any time (including if we have told you about an upcoming change to all or part of Andemes or these Terms which you do not agree to). If the terminated service is a paid service, we may deduct from any refund a reasonable proportion of such fee as compensation for the costs incurred by us in ending the relevant service.
We may suspend or terminate your access to your account or any or all of Andemes:
· if we undertake maintenance or support of Andemes;
· to make changes to Andemes as notified by us to you;
· if we reasonably believe that you have breached these Terms;
· if your use of Andemes creates risk for us or for other users of Andemes, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation;
· if you fail to use Andemes for a prolonged period;
· if such suspension or termination is required due to Applicable Laws; or
· to the extent permitted by applicable laws and regulations, for any other reason in our sole and absolute discretion.
Users are to note that functions such as creating content, posts, etc can be terminated/suspended for risking Andemes or other users, not limited to but including intentional misinformation, spam, and trolling.
Where reasonably practicable, we will give you advance notice of any suspension or termination.
If any portion of these terms or conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any other section listed in this document.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.
For further enquiries or clarification, please contact me using the contact information below: email@example.com