cirqoid.com

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TERMS AND CONDITIONS OF THE USE OF WEBSITE AND ON-LINE SHOP

1. Introduction

Please read these terms and conditions carefully. By browsing our Website and accessing our On-line shop available at: www.cirqoid.com you agree to these Terms and Conditions. If you do not agree to the terms and conditions, please do not use the Website and On-line shop.

The Website is owned and services of On-line shop provided by SIA “PROXIMUS”, Reg.No.40003788934, VAT Reg.No. LV40003788934, legal address: Pūces iela 45-6A, Riga, LV-1082, Latvia, contact address: Jurmalas gatve 123b, Riga, LV-1029, Latvia, e-mail: sales@cirqoid.com. In the Terms and Conditions, “we” means SIA “PROXIMUS” and “you” means our customer or potential customer for products.

The content of Website does not constitute a contractual offer or otherwise establish legally binding obligations upon us and is considered only as the advertising of products. Images of products on our Website are for illustrative purposes and the actual products may differ from such images. No contract is entered in between you and us unless and until we accept your order by sending to you an e-mail with the order confirmation regarding the processed order. We will not file a copy of these Terms and Conditions specifically in relation to your order. The Terms and Conditions may be amended by us from time to time and the actual version of them will apply to the particular activities within Website and/or orders made in the On-line shop. The amended Terms and Conditions will not affect the terms of any contracts which we have already entered into with you. Therefore, please visit this section of Website to get acquainted with the latest version of the terms and conditions.

The Terms and Conditions are only provided in English language.

2. Price and payment

Prices for products quoted on our Website exclude all value added taxes (where applicable) and the costs of the shipping and the insurance. Therefore, please take into account that in addition to the price of the products, you may have to pay the value added tax and a delivery charge, which will be stated when you complete your ordering process and proceed to checkout. As regards to the orders to be delivered outside the EU, please take into account that you may have to, on your own, settle certain customs formalities and pay import duties and/or other applicable taxes or payments that your country may have imposed on imports from the EU. Such taxes and/or payments are not included in the amount of order stated when the order will be checked out.

Payment must be made upon the submission of your order by following the instructions on the Website. You will have a possibility to choose either to pay a credit card or using PayPal account to pay. You have to ensure that only your credit card or PayPal account is used for the payment of order. We may withhold the products and/or cancel the contract between us if the payment is not received from you in full.

Your credit card or PayPal account will not be actually charged at the moment of payment. We will only authorise a transaction for the amount of the order and charge it according to the following conditions:

Prices for products may be changed at any time, but such changes will not affect contracts which have come into force.

3. Process of ordering

You must select the products you wish to purchase and add them to your shopping cart. When you are ready to make a purchase, you proceed to checkout. If you are an existing customer, you must enter your login data. If you are a new customer, you may create an account after successfully checking out as a guest. Your personal and contact information provided to us when creating an account and/or making order in our On-line shop will be processed and used in the strict compliance with the Privacy Policy. You have to ensure that your login data is not available to any third person. In a case your password becomes accessible by any third person you have to inform us immediately. We do not check your identity, except the login data. At the next stage you must provide information regarding the delivery address either by filling in address details or using PayPal account to checkout. The amount of order will be updated with the applicable taxes depending on the country of PayPal account or the address details you have entered.

Afterwards you must choose a shipping method. Shipping methods may include Economy and Priority delivery by FedEx or Latvijas Pasts. We will only deliver products to the countries shown in the drop down list on the Website subject to the following conditions:

Besides, based on the selected carrier, your order will be handled either as the insured or the uninsured shipping. Once you choose or change the shipping method, you will see the costs of shipping and insurance and the total amount of order will be adjusted accordingly.

Before you place your order, you will be provided with an opportunity to review the content of shopping cart. If you find any errors, you may correct them before placing your order by editing the shopping cart and updating your changes. Finally, you must execute the respective payment either by a credit card or by PayPal. Once you have accomplished that, we will send the initial order confirmation to your email you have specified before. The initial order confirmation will be sent to you merely for the informative purposes that your order has been received and will be processed and afterwards confirmed by us.

4. Performance of order

We will check whether we are able to meet your order and send you an order confirmation or we will confirm by email that we are unable to meet your order or inform about the available options. When we will send you an order confirmation, your order will become a binding contract. The binding contract will be composed of: (1) these Terms and Conditions; (2) your order, submitted to us within the Website and containing the details of ordered products, the information about prices and other costs of shipping, the information necessary for delivery and other order details; (3) our order confirmation; (4) any and all e-mail communication regarding your order and its execution. The different parts of contract are listed within the sequence of importance and it will be considered when executing and interpreting the contract. We will arrange for the delivery of products to the address for delivery indicated in your order. We aim at the processing of all orders within the next business day after receiving of order initially confirmed by our email to you. Yet, we cannot guarantee delivery by the relevant date.

If we have all ordered products available in the stock, we will package and send them using the shipping method specified. In a case we do not have the ordered products (or some of the items) in the stock; we will email you information about the current situation and the available options. You will be offered either to receive an order without out-of-stock items or wait until everything is in stock and get the complete order. Your reply with your decision regarding the available options have to be provided to us within the shortest possible time period, not exceeding 3 (three) days after the date of our email. When your order will be placed for delivery, we will send you the shipment confirmation with tracking number.

5. Uninsured and insured delivery

In case you will choose the shipment of your order to be handled by Latvijas Pasts, the shipment of your order will not be insured. Therefore, if there will be any loss or damage done to your order while being in transit, you will bear the related costs and risks.

In case you will choose the shipment of your order to be handled by FedEx, the shipment of your order will be insured and subject to the following conditions:

6. Returns, refunds and replacements

You are entitled to withdraw from the contract and return to us the products, which are unused and delivered back in the original packaging at your own expenses within 14 (fourteen) days after receiving of ordered products. Otherwise, you may return products to us only with our prior agreement, at your expense, and according to our directions. Any products returned in contravention of the Terms and Conditions will not be the subject of any refunds or replacements and you will continue to be liable for payment of the price of such products.

We will as soon as possible, but not later than then within 30 days after the day of receipt of returned products, repay you the amount of money, which has been already paid for the products. We are entitled not to repay you the amount of money paid for the products, while you have not returned the unused products in the original packaging. Where you return products to us according to the Terms and Conditions and in our reasonable opinion those products do not conform with the warranties set out by us, you are entitled to repair of the non-conformity of the products, replacement of products for the same products or equivalent ones to ensure the required conformity (where such replacements are available) or, where we agree, a refund of the price paid for those products.

7. Warranties and ownership

We are providing 2 (two) years manufacturing defects warranty. The warranty covers manufacturing defects and does not cover natural wear, as well as it does not cover consumable products - drills, end mills, router mills, dispensing needles, laminate etc. Should any problem with your product arise during this period, please, contact us and we will work out the best way to keep your product working.

You warrant to us that you are not under the age of 18, legally capable of entering into binding contracts, you have full authority, power and capacity to agree to these terms of sale, the information provided in your order is accurate and complete and you will be able to accept delivery of the products.

You will acquire the ownership of products upon the placement of products for the delivery to you.

8. Limitation of liability

Our liability in connection with any product purchased through our Website is strictly limited to the purchase price of the relevant product and the replacement cost of the relevant product or a refund of the price paid for those products. We undertake no liability for delays and/or outstanding delivery caused due to the inaccurate address or other data provided by you, due to circumstances that you are not reachable at the given address or due to other circumstances not related to us. We will be liable to you only for the direct damages provided such damages have been caused in the result of action for which we can be blamed.

9. Scope of the Terms and Conditions

The Terms and Conditions do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

All and every intellectual property rights (including copyrights), either related to products or Website, remain vested exclusively to us or our contractors.

10. Privacy Policy

The privacy rules of Terms and Conditions apply only to the information collected on the Website and do not apply to information collected by us through any other means. Within the Website, we collect two types of information: (1) personal information - such as your name, address, telephone number, email address; and (2) non-personal information collected by Google Analytics, which are technical details and the location estimation based on IP address. If you do not want us to collect your personal information, please do not provide it to us.

We do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to use the Websites. If you are under the age of 18 please do not attempt to register on the Website or On-line shop or send us any personal information.

We have concluded the agreement and have entrusted the personal data processing to Shopify.Inc (address: 126 York St., Ottawa, ON K1N 5T5, Canada) as a personal data processor.

We use your personal information that is collected on the Website primarily for the following purposes: to complete an order requested by you and ensure the respective delivery; to contact you in case you have abandoned the checkout process to find out the reason for that; to alert you to special offers, updated information and other new products from us or to forward promotional materials to you; to help us to create and publish content most relevant to you; and to ensure the Website is relevant to your needs and to notify you about a material change to this privacy policy, if necessary. Non-personal information is used as described above and in other ways as permitted by applicable laws.

We may share or disclose your personal information to third persons to fulfill your order, for example, if you purchase a product, we may share your personal information in order to deliver the product to you. In addition, if you email us a question, we may use your email address to process your request and respond to your question. We may share or disclose your personal information to comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property or act in urgent circumstances to protect the personal safety of our end users. Except as described in this privacy policy or at the time we request the information, we do not otherwise use, share or otherwise disclose your personal information to any third parties. We may also share the non-personal information with third parties, but we will always anonymise it to ensure that you cannot be identified either from the information itself or through combining it with other information.

From time to time, we may use your email address to send you information about changes to our products and services and to send notices and other disclosures as required by law. Nevertheless, we will provide you the opportunity to opt-out if you do not want to receive such communication from us.

11. Cookie Policy

When you are using our Website and On-line shop, some special cookies will be installed in your computer in order to ensure all services and functions provided therein. A cookie is a small file of letters and numbers placed by a website onto a user’s computer when he or she accesses the website. While a cookie itself does not contain information, when it is read by a browser it can help a website improve the service delivered to the user.

By browsing our Website and accessing our On-line shop you agree to installation and usage of cookies. You have a right to disable the cookies in your computer by amending the settings of your browser; however, in such case some of the functions on our website may not be available for you.

12. General terms

You are liable for appropriate use of Website and On-line shop. Any action, which causes or could cause any disturbance to the operations of Website and On-line shop, is strictly prohibited. You may not interfere into the operations and technical solutions of Website and On-line shop.

All copyrights in or to the Website and Online shop or part of them are owned by us, our licensors or our partners, who reserved all their rights. Any kind of monitoring of Website and Online shop and/or copying, reproducing, usage or republishing of the acquired information, as well as its contents, unless it is stated otherwise, is strictly prohibited without our prior written consent.

Contracts under the Terms and Conditions may only be varied by an instrument in writing signed by both you and us. If any provision of the Terms and Conditions is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these Terms and Conditions. Any attempt by you to do so will be null and void.

Where a failure or delay in performing our obligations under these Terms and Conditions occurs because of a force majeure event, such obligations will be suspended for the duration of the force majeure event. We will take reasonable steps to mitigate the effects of such force majeure event. Force majeure event means the unavailability of raw materials, components or products, power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars and/or any event which is beyond our reasonable control.

We are entitled to prohibit you the usage of Website and Online shop and/or annual any of your orders, if there are sufficient grounds to consider that these Terms and Conditions are not complied with.

The Terms and Conditions is governed by and construed in accordance with the laws of the Republic of Latvia, and the courts of Latvia will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to the Terms and Conditions. If you have any questions about the Terms and Conditions, including the Privacy and Cookie policy or you would like to request a copy of the personal information that we hold about you, please contact us using the contact details provided above or at www.cirqoid.com.

Effective date: 22 August 2013

Last updated on: 22 August 2013