ACCEPTANCE OF TERMS
The present Terms of Use constitute a legally binding agreement between you, whether acting on behalf of yourself or an entity (“you”) and ("IMPEX WEB s.r.o.", “we”, “us”, or “our”), governing your access to and use of the mypodseurope.com website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or connected thereto (collectively, the “Site”). Our registered office is located at Hlavná 22., 943 01 Štúrovo, Slovakia, and we are registered under the VAT number of SK2121730083. By accessing the Site, you affirm that you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, AND YOU MUST DISCONTINUE USE IMMEDIATELY.
In addition, supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated into these Terms of Use by reference. We reserve the right, at our sole discretion, to modify or amend these Terms of Use from time to time. We will notify you of any changes by updating the “Last updated” date of these Terms of Use. By continuing to use the Site after the date of such modifications or amendments, you are deemed to have accepted and be bound by the revised Terms of Use.
You acknowledge and agree that the information provided on the Site is not intended for distribution or use by any individual or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would result in us being subject to any registration requirement within such jurisdiction or country. Therefore, individuals who access the Site from other locations do so on their own initiative and are solely responsible for ensuring their compliance with any applicable local laws.
The Site is exclusively intended for use by individuals who are at least 18 years old. Therefore, persons under the age of 18 are strictly prohibited from accessing or registering for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us. The Content and the Marks are protected by copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws of the European Union, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. No part of the Site or any Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.
Subject to your eligibility to use the Site, you are granted a limited license to access and use the Site, as well as to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in relation to the Site, the Content, and the Marks.
USER REPRESENTATIONS
By accessing or using the Site, you represent and warrant that you are at least eighteen (18) years old and have the legal capacity to enter into this Agreement. Additionally, you represent and warrant that you will use the Site in compliance with all applicable laws and regulations. You further represent and warrant that any information or material that you provide to IMPEX WEB s.r.o. through the Site will be true, accurate, and complete, and that you will update such information as necessary to maintain its accuracy.
USER REGISTRATION
In order to access certain features of the Site, you may be required to create an account and provide certain information about yourself. You agree to provide accurate, current and complete information as prompted by the registration form and to maintain and update your information to keep it accurate, current and complete. You acknowledge that should any of your registration information be found to be false, inaccurate, not current or incomplete, IMPEX WEB s.r.o. reserves the right to suspend or terminate your account and refuse any and all current or future use of the Site.
PRODUCTS
We undertake every effort to present the products available on the Site with the utmost accuracy regarding their colors, features, specifications, and details. Nevertheless, we cannot guarantee that such information is infallible, comprehensive, reliable, current, or free from other discrepancies, while the electronic display may fail to represent the true colors and details of the products. Notably, all products are subject to availability, and we do not guarantee that the items will remain in stock perpetually. Moreover, we reserve the right to cease the sale of any product at any time, without prior notice. Prices for all products are subject to changes.
PURCHASES AND PAYMENT
By purchasing products via the Site, you are obligated to provide us with accurate, complete, and up-to-date account and purchase information. We may add sales tax to the price of purchases, depending on the applicable regulations. We hold the right to alter the prices at any time. Payments shall be made in Euros.
You consent to paying all charges at the then-current prices of your purchases, including any applicable shipping fees, and authorize us to charge your selected payment provider for any such expenses upon the placement of your order. We hold the right to rectify any errors or inaccuracies in pricing, even if payment has already been requested or received.
The buyer can choose one of the following payment methods:
Payment on delivery, at the receipt of the goods.
A surcharge may apply for cash on delivery, which can vary according to the country of delivery. Please verify the cost while ordering.
MasterCard, Visa, Maestro, Apple Pay, Google Pay, Union pay, and JCB credit cards are all acceptable.
We hold the right to refuse any order placed through the Site. Moreover, we may limit or cancel quantities purchased per person, per household, or per order at our sole discretion. Such restrictions may apply to orders placed by the same customer account, payment method, or billing or shipping address.
SHIPPING & WARRANTY CONDITIONS & RETURN POLICY
SHIPPING
Please ensure that the delivery address you provide is accurate and correct. Additionally, ensure that you supply the correct telephone number.
We do not accept liability for failed deliveries or lost parcels due to incorrect delivery addresses. If a parcel fails to deliver and is returned to us due to an incorrect delivery address, the buyer will receive a refund for the product price, excluding shipping costs. If the buyer wishes to have the order sent again to a different address, they must pay for shipping again.
If you request delivery personnel to leave your package at the door or any unsecured location, we cannot assume responsibility for lost or undelivered packages. Please attempt to arrange personal delivery or request that the company leaves your parcel at a nearby DEPO or shop. If your parcel arrives damaged, refuse to accept it and request that the courier provide a complaint report. This will enable us to recover the value of the lost products from the delivery company and issue you a refund.
AGE VERIFICATION POLICY FOR PRODUCT DELIVERY
The delivery company may request documentation during the delivery process to ensure that you are of legal age and entitled to purchase our products. It is an essential procedure aimed at verifying that our goods are sold responsibly and in compliance with age-restriction laws.
WARRANTY TERMS AND RETURN POLICY
It is requested that each disposable item be assessed for functionality upon receipt of the package.
There are certain products, (such as the Elf Bar electronic cigarette and HQD) that are not considered durable consumer goods, and as such, have a limited lifespan. Requests for warranty claims must be submitted via email. Reporting of any defects in products can only be made at the time and place of delivery or, in the case of courier delivery, within 48 hours of receipt of the goods. Disposable items are intended for single use and cannot be repaired or tested for functionality. As a result, operational warranties can only be provided for such products 48 hours after package acceptance. In the event of a warranty claim, customers have the option of choosing replacement product(s). The customer must send a video demonstrating the product malfunction, and if confirmed, a new one will be provided free of charge, subject to availability.
The estimated number of puffs listed in the product description is a rough approximation. Suction intensity varies from individual to individual, and one puff corresponds to 0.3-0.45 seconds of suction, as indicated in the product description. Therefore, complaints regarding product capacity will not be considered. It is worth noting that battery consumption increases in low-temperature environments (below 15 degrees Celsius), which may also affect product capacity. The flashing of the lower LED indicates that the battery is nearly depleted, and we cannot accept complaints regarding this aspect. Defective electronic cigarettes will be replaced, subject to availability. If the electronic cigarette in question is out of stock, the customer has the possibility to choose a replacement one. Return shipping costs are the responsibility of the customer and must be made in the original packaging via post. The sender is responsible for any loss of the package. Claims will be processed within 15 (fifteen) working days following receipt of the claim and returned product. The aforementioned rights may only be exercised in the event of a failed delivery, and not if the fault is caused by the consumer. In case of defective product(s) you can only use this option if the product was purchased for your own use (i.e. you are not a bulk buyer). In the case of bulk purchase, we are not able to guarantee the products, in this case you must contact the manufacturer!
The warranty described above applies solely to the product and does not extend to any damage caused by the product or other items. Defective electronic cigarettes will be replaced as soon as possible. In cases where the product is out of stock, the customer has the opportunity to redeem the price of the original order.
If you wish to return your order or individual products, you may do so within 14 days from the date of purchase. The cost of returning the product is the buyer's responsibility. For hygiene purposes, only unopened products can be returned.
Dispute resolution
The subject of out-of-court proceedings for cases of disputes, or the subject for receiving consumer complaints, is the Slovak Trade Inspection (SOI), http://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi. The dispute can be resolved online. The Slovak Trade Inspection, with its registered office at Bajkalská 21/A, 827 99 Bratislava 27, is also a supervisory authority over the activities of our company.
SITE MANAGEMENT
We reserve the right, but are not obligated, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against any user who, in our sole discretion, violates the law or these Terms of Use, including reporting such users to law enforcement authorities; (3) at our sole discretion and without limitations, refuse, restrict access to, limit availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) at our sole discretion and without notice or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
PRIVACY STATEMENT
We prioritize the protection and confidentiality of your data. We kindly request you to peruse our Privacy Statement, accessible through this link: https://mypodseurope.com/en/privacy-policies/. By utilizing the Site or the Marketplace Offerings, you agree to be bound by our Privacy Statement, which is an integral part of these Terms of Use. It is important to note that the Site and the Marketplace Offerings are hosted in Slovakia. In case you access the Site or the Marketplace Offerings from a different region, whose laws or requirements concerning the collection, use, or disclosure of personal data differ from the applicable laws in Slovakia, through your continued use of the Site, you authorize the transfer of your data to Slovakia and express your consent to have your data transferred and processed in Slovakia.
TERM AND TERMINATION
These Terms of Use shall remain in full effect while you access the Site. Without limiting any other provisions of these Terms of Use, we maintain the right to, at our discretion and without notice or liability, restrict access to and utilization of the Site and the Marketplace Offerings (including blocking certain IP addresses) to any individual for any reason or no reason, including, but not limited to, a breach of any representation, warranty, or covenant contained in these Terms of Use, or any applicable law or regulation. We may terminate your utilization or participation in the Site and the Marketplace Offerings or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we suspend or terminate your account for any reason, you are prohibited from creating a new account using your name, a borrowed name, or a fake name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to suspension or termination of your account, we reserve the right to take legal action, including, but not limited to, pursuing civil, criminal, and injunctive remedies.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right, at our sole discretion and without notice, to change, modify, or remove any content from the Site for any reason. Nonetheless, we are under no obligation to update any information on the Site. Moreover, we reserve the right to alter or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be held responsible for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee that the Site and the Marketplace Offerings will be continuously available. We may experience hardware, software, or other technical issues, or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right, without notice to you, to modify, revise, update, suspend, discontinue, or otherwise alter the Site or the Marketplace Offerings at any time or for any reason. You agree that we bear no responsibility whatsoever for any loss, damage, or inconvenience caused by your inability to access or utilize the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use obligates us to maintain or support the Site or the Marketplace Offerings or to provide any corrections, updates, or releases in connection therewith.
GOVERNING LAW
The present terms and conditions are subject to and construed in accordance with the laws of Slovakia, and the use of the United Nations Convention of Contracts for the International Sales of Goods is explicitly excluded. If you are an EU consumer and your habitual residence is in a country that provides mandatory protections under national laws, such protections shall apply in addition to these terms and conditions. IMPEX WEB s.r.o. and you agree to submit to the nonexclusive jurisdiction of the courts of Slovakia, which means that you may bring proceedings to defend your consumer protection rights under these terms and conditions in Slovakia or in the EU country in which you reside.
CORRECTIONS
There may be material on the Site that contains typographical errors, inaccuracies, or omissions related to the Marketplace Offerings, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to modify or update the information on the Site at any time without prior notice.
DISCLAIMER
The Site is provided on an "as is" and "as available" basis. You agree that your use of the Site services is at your own risk. To the maximum extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the content of the Site or the content of any websites linked to the Site, and we assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (3) any unauthorized access to or use of our secure servers and/or any and all personal or financial information stored therein, (4) any interruption or cessation of transmission to or from the Site, (5) any bugs, viruses or the like which may be transmitted to or through the Site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
Under no circumstances shall we or any of our directors, employees, or agents be held liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been informed of the possibility of such damages.
USER DATA
We shall retain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data pertaining to your use of the Site. Although we undertake regular routine backups of data, you are solely responsible for all data that you transmit or that pertains to any activity you have undertaken through the Site. You acknowledge and agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By visiting the Site, sending us emails, and completing online forms, you engage in electronic communications. You hereby consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We reserve the right to assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. In the event that any provision or part of a provision of these Terms of Use is deemed to be unlawful, void, or unenforceable, such provision or part of the provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use do not create a joint venture, partnership, employment or agency relationship between you and us. You agree that these Terms of Use will not be construed against us by virtue of our having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT
If you have any complaints regarding the Site or would like to obtain further information regarding the use of the Site, please contact us at: contact@mypodseurope.com
