Terms & Conditions /ÁSZF
TERMS OF SERVICE AGREEMENT
Last updated: 04th May 2021.
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this the www. paramotors.eu website (the "Website"), operated by CreatInvent Ltd. -"Paramotors.eu) offers products for purchase on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Paramotors.eu reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Paramotors.eu will notify you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Paramotors.eu encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Paramotors.eu for other products or services. If you do not accept this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
- Definition of Basic Terms
• Seller: Paramotor.eu/Creatinvent Ltd. Registered office: Hungary, 2100, Gödöllő, Mohács u. 20. ID Number.:, VAT Number:
• Webshop: The internet shop operated by the Seller on the website: www.paramotors.eu
• Purchase Agreement: For the purposes of these Business Terms and Conditions, the Purchase Agreement is understood to be an agreement for the purchase of goods.
• Buyer: Any -Webshop customer who purchases or orders the Seller's Goods
- Business Terms and Conditions: These Business Terms and Conditions, always in the valid version published on the day an Order is placed via the Webshop.
• Order: An order placed by the Buyer via the Seller's website.
• Customer: Any individual or business that enters into an agreement or otherwise deals with the business entity outside of the framework of business activities or the performance of their trade.
- PRODUCTS
Terms of Offer.: This Website offers for sale certain products (the "Products") for sale. By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Purchase agreement:
Purchase Agreement originating at the time the Buyer places an Order: The Seller advertises Goods on the Website. A Purchase Agreement originates at the time the Buyer submits an Order and this Order is accepted by the Seller. The Seller shall confirm the acceptance of the Order by means of a confirmation sent to the Buyer's e-mail address as specified in the Order. The Purchase Agreement may be modified or cancelled only on the basis of a mutual agreement between both parties or for legal reasons.
- Prior to the submission of the Order to the Seller, the Buyer has the opportunity to check and modify the information that they have entered on the Order, including the ability of the Buyer to identify and correct any errors made at the time that the data was entered. The Buyer submits the order to the Seller by clicking on the 'Order' button.
The Buyer agrees that remote communication shall be used at the time the Purchase Agreement is made. The costs incurred by the Buyer for using any means of remote communication associated with entering into the Purchase Agreement (namely the cost of an internet connection and the cost of phone calls) shall be borne by the Buyer.
-. All of the presentations of the Goods and Services published on the website are for informational purposes only and the Seller is not obliged to enter into a Purchase Agreement for these Goods and Services.
- Binding Nature of the Business Terms and Conditions.: The Buyer is bound by these Business Terms and Conditions immediately starting at the moment the completed Order is submitted. At the time the Purchase Agreement is made, the Buyer is always (re)acquainted with the valid version of the Business Terms and Conditions, and the Buyer must express their consent with the Business Terms and Conditions prior to submitting their Order. By confirming and submitting the Order, the Buyer declares that they are familiar with the valid Business Terms and Conditions.
- By ordering a lightweight sporting/flying equipment Paramotors.eu may request information and carry out further evaluation of your skills, habits and training level and expectations in order that you can use these equipment safely. Therefore, we reserve the right to cancel your order and refund any of your payments if we have doubts about your safety.
- Binding Nature of the Business Terms and Conditions.: The Buyer is bound by these Business Terms and Conditions immediately starting at the moment the completed Order is submitted. At the time the Purchase Agreement is made, the Buyer is always (re)acquainted with the valid version of the Business Terms and Conditions, and the Buyer must express their consent with the Business Terms and Conditions prior to submitting their Order. By confirming and submitting the Order, the Buyer declares that they are familiar with the valid Business Terms and Conditions.
- By ordering a lightweight sporting/flying equipment Paramotors.eu may request information and carry out further evaluation of your skills, habits and training level and expectations in order that you can use these equipment safely. Therefore, we reserve the right to cancel your order and refund any of your payments if we have doubts about your safety.
Proprietary Rights. Paramotors.eu has proprietary rights and trade secrets in the Products. You may not copy, reproduce, re-sell or redistribute any Product manufactured and/or distributed by Paramotors.eu. Paramotors.eu also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax in your country.
Payment
Bank Cards, all major Credit/Debit Cards, Bank transfer are all acceptable methods of payment. Payment should be made at the time of submitting the order. Order is only considered valid after the full payment has arrived to the seller’s bank account.
Shipment & Delivery Terms
Delivery Timeframe
The Goods will be delivered according to the availability of the product and the Seller's operational abilities within the shortest possible timeframe, generally within 30 (thirty) calendar days. If Goods are paid for by means of an electronic funds transfer, a confirmation will be delivered to the Buyer's e-mail as specified in the Order.
Delivery Timeframe
The Goods will be delivered according to the availability of the product and the Seller's operational abilities within the shortest possible timeframe, generally within 30 (thirty) calendar days. If Goods are paid for by means of an electronic funds transfer, a confirmation will be delivered to the Buyer's e-mail as specified in the Order.
-Delivery Location
The delivery location is specified in the Order placed by the Buyer. The delivery will be considered to have been completed at the time the goods are delivered to the address specified in the Order. The Seller will ensure delivery to the specified address. The tax document (invoice) is sent to the e-mail specified in the Order.
The delivery location is specified in the Order placed by the Buyer. The delivery will be considered to have been completed at the time the goods are delivered to the address specified in the Order. The Seller will ensure delivery to the specified address. The tax document (invoice) is sent to the e-mail specified in the Order.
Transport of the Goods
The Seller arranges for the worldwide shipment of the goods. The packing and shipping costs are fully borne by the Buyer. The prices for transport are specified inclusive of VAT.
The Seller arranges for the worldwide shipment of the goods. The packing and shipping costs are fully borne by the Buyer. The prices for transport are specified inclusive of VAT.
Transport methods:
International courier companies (Packeta.com)
Warranty
The Seller provides a 12 (twelve) month warranty for the Goods sold via the Webshop whereby the warranty period starts at the time the Goods are taken over / received by the Buyer.
The warranty set by law shall not apply, or applies only partially to external damage of a product (e.g. impact,), to damages caused by courier, or a customer due to improper use of the product (usage which is in conflict with producer’s ' instructions for use), defects due to use which prevent good preservation of a tool, damage due to use for commercial purposes, defects due to use of improper additional equipment, accessories or non-conforming consumer material.
The Seller provides a 12 (twelve) month warranty for the Goods sold via the Webshop whereby the warranty period starts at the time the Goods are taken over / received by the Buyer.
The warranty set by law shall not apply, or applies only partially to external damage of a product (e.g. impact,), to damages caused by courier, or a customer due to improper use of the product (usage which is in conflict with producer’s ' instructions for use), defects due to use which prevent good preservation of a tool, damage due to use for commercial purposes, defects due to use of improper additional equipment, accessories or non-conforming consumer material.
Cancellation Policy
Minimum 24 hours’ notice of cancellation required. Notification for instance, in person, via email,’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to apply a 30.00 EUR charge to cover any subsequent administrative/ bank transfer expenses.
Complaint Procedure
In case of any complaint related to the quality or the completeness of the Goods the Buyer should contact the Seller in advance by sending an e-mail to info@paramotors.eu. The Buyer should provide a detailed description about the complaint and potential defect of the goods and need to support his/her complain with photos or any other relevant documentation. Unless the Seller and the Buyer agree otherwise, the complaint, including any defects, will be processed without any undue delay within no more than 30 (thirty) calendar days of the date the complaint is lodged.
In case of any complaint related to the quality or the completeness of the Goods the Buyer should contact the Seller in advance by sending an e-mail to info@paramotors.eu. The Buyer should provide a detailed description about the complaint and potential defect of the goods and need to support his/her complain with photos or any other relevant documentation. Unless the Seller and the Buyer agree otherwise, the complaint, including any defects, will be processed without any undue delay within no more than 30 (thirty) calendar days of the date the complaint is lodged.
- The Buyer shall send the Goods that are the subject of the complaint to the Seller's service location at the following address: Hungary 2100, Gödöllő, Mohács utca 20. at which warranty service for the Goods is provided.
- After the Seller receives the Goods that are the subject of the complaint, the Seller shall immediately send the Official Complaint Form to the Buyer at the Buyer's e-mail as specified in the Order or provided by the Buyer at the time the complaint is lodged.
- If the Goods are returned to the Seller in a damaged or incomplete condition or with their value reduced in any other way, even as a result of standard use, the Seller has the right to request the Consumer for compensation for the decreased value of the returned Goods. This in no way affects the Consumer's right to withdraw from the Purchase Agreement without any penalties. Damage to the original packaging, resulting from the unwrapping of the Goods may not be considered to be a reduction in the value of the Goods.
-. In the case of an acknowledged complaint, in a situation where it is not possible to replace the Goods or to remove the defect, the amount paid for the Goods, including the amount of shipping and packing costs, will be credited to the Buyer's bank account (with the exception of any additional amounts associated with the delivery of the Goods resulting from the fact that the Consumer selected a delivery option for the Goods that is different from the cheapest standard delivery method offered by the Seller).
-. The timeframe for processing the complaint shall be suspended in the case that the Seller does not receive all of the supporting materials required for processing the complaint (namely any part of the Goods, or any necessary documentation). The Seller may request the Buyer to provide additional materials within the shortest possible timeframe after the Buyer lodges the complaint. The processing timeframe is suspended starting at the time this request is made until such time that the Buyer delivers the requested materials.
-. In the case of an acknowledged complaint, in a situation where it is not possible to replace the Goods or to remove the defect, the amount paid for the Goods, including the amount of shipping and packing costs, will be credited to the Buyer's bank account (with the exception of any additional amounts associated with the delivery of the Goods resulting from the fact that the Consumer selected a delivery option for the Goods that is different from the cheapest standard delivery method offered by the Seller).
-. The timeframe for processing the complaint shall be suspended in the case that the Seller does not receive all of the supporting materials required for processing the complaint (namely any part of the Goods, or any necessary documentation). The Seller may request the Buyer to provide additional materials within the shortest possible timeframe after the Buyer lodges the complaint. The processing timeframe is suspended starting at the time this request is made until such time that the Buyer delivers the requested materials.
The Seller shall notify the Buyer that the complaint has been processed by sending an e-mail to the address specified in the submitted Order or provided by the Buyer at the time the complaint is lodged.
In the event that, at the time the item is taken over by the Buyer, the item does not conform with what is specified in the Purchase Agreement, the Buyer has the right to request the Seller to bring the item into a state that conforms with the Purchase Agreement free of charge and without undue delay, according to the Buyer's requirements, either by replacing the item or repairing the item. If this is not possible, the Buyer has the right to request a reasonable discount from the price of the item or to withdraw from the Purchase Agreement. This does not apply if the Buyer knew of the defect prior to receiving the item or if the Buyer caused the defect.
In the event that, at the time the item is taken over by the Buyer, the item does not conform with what is specified in the Purchase Agreement, the Buyer has the right to request the Seller to bring the item into a state that conforms with the Purchase Agreement free of charge and without undue delay, according to the Buyer's requirements, either by replacing the item or repairing the item. If this is not possible, the Buyer has the right to request a reasonable discount from the price of the item or to withdraw from the Purchase Agreement. This does not apply if the Buyer knew of the defect prior to receiving the item or if the Buyer caused the defect.
- WEBSITE
Content, Intellectual Property, Third Party Links: In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. Paramotors.eu does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Paramotors.eu does create the content on this Website, such content is protected by intellectual property laws of Hungary and EU, foreign nations, and international bodies . Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. Paramotors.eu does not endorse the contents on any such third-party websites. Paramotors.eu is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website: Paramotors.eu is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not re-sell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without expressed and written authorization from Paramotors.eu or the applicable third party (if third party content is at issue).
Posting: By posting, storing, or transmitting any content on the Website, you hereby grant Paramotors.eu a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Paramotors.eu does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Paramotors.eu is not liable for any damage or harm resulting from any posts by or interactions between users. Paramotors.eu reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Paramotors.eu deems objectionable, in paramotors.eu’s sole discretion.
Customer Solicitation: Unless you notify our third party call center representatives or direct Paramotors.eu sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Paramotors.eu and its designated in-house or third party call team(s).
Opt Out Procedure: We provide two easy ways to opt out of from future solicitations.
- You may use the opt out link found in any email solicitation that you may receive.
- . You may send a written remove request to info@paramotors.eu .
III. DISCLAIMER OF WARRANTIES
Your use of this website and/or products are at your sole risk. The website and products are offered on an "as is" and "as available" basis. Paramotors.eu expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. ("products" include trial products as well.)
Without limiting the generality of the foregoing, Paramotors.eu makes no warranty:
That the information provided on this website is accurate, reliable, complete, or timely.
That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
As to the results that may be obtained from the use of the products or that defects in products will be corrected.
Regarding any products purchased or obtained through the website.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
- LIMITATION OF LIABILITY
Paramotors.eu entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.
Paramotors.eu will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
- INDEMNIFICATION
You will release, indemnify, defend and hold harmless Paramotors.eu, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Paramotors.eu. When Paramotors.eu is threatened with suit or sued by a third party, Paramotors.eu may seek written assurances from you concerning your promise to indemnify Paramotors.eu; your failure to provide such assurances may be considered by Paramotors.eu to be a material breach of this Agreement. Paramotors.eu will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Paramotors.eu choice at its expense. Paramotors.eu will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Paramotors.eu against any claim, but you must receive Paramotors.eu prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
- PRIVACY
Paramotors.eu believes strongly in protecting user privacy and providing you with notice of Paramotors.eu use of data. Please refer to Paramotors.eu privacy policy, incorporated by reference herein, that is posted on the Website.
Log Files
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies
Like most interactive websites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
Like most interactive websites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
- AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
VIII. GENERAL
Force Majeure. Paramotors.eu will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Paramotors.eu may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and Paramotors.eu and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Paramotors.eu to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law: Jurisdiction. This Website originates from Hungary. This Agreement will be governed by the laws of Hungary without regard to its conflict of law principles to the contrary. Neither you nor Paramotors.eu will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Hungary. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
Termination. Paramotors.eu reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Paramotors.eu may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Paramotors.eu reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Paramotors.eu chooses, in its sole discretion and without advance to you, to terminate it.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.