TERMS OF USE OF THE WEBSITE
OVERVIEW
This website is operated by Alexey Fedotov. Throughout the site, the terms
“we”, “us” and “our” refer to Alexey Fedotov. Alexey Fedotov offers this
website, including all information, tools and services available from this site
to you, the user, conditioned upon your acceptance of all terms, conditions,
policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms of use including
additional terms and conditions and policies referenced herein and/or available
by hyperlink. These Terms of Use apply to all users of the site, including
without limitation users who are browsers, vendors, customers, merchants, and/
or contributors of content.
Please read these Terms of Use carefully before accessing or using our website.
By accessing or using any part of the site, you agree to be bound by these
Terms of Use. If you do not agree to all the terms and conditions of this
agreement, then you may not access the website or use any services. If these
Terms of Use are considered an offer, acceptance is expressly limited to these
Terms of Use.
Any new features or tools which are added to the current store shall also be
subject to the Terms of Use. You can review the most current version of the
Terms of Use at any time on this page. We reserve the right to update, change
or replace any part of these Terms of Use by posting updates and/or changes to
our website. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following the posting
of any changes constitutes acceptance of those changes.
Our store is hosted on InternetWerk GmbH. They provide us with the online
e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Use, you represent that you are at least the age
of majority in your state or province of residence, or that you are the age of
majority in your state or province of residence and you have given us your
consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may
you, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any
time.
You understand that your content (not including credit card information), may
be transferred unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during
transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service or any
contact on the website through which the service is provided, without express
written permission by us.
The headings used in this agreement are included for convenience only and will
not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided for
general information only and should not be relied upon or used as the sole
basis for making decisions without consulting primary, more accurate, more complete
or more timely sources of information. Any reliance on the material on this
site is at your own risk.
This site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve
the right to modify the contents of this site at any time, but we have no
obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any
part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through
the website. These products or services may have limited quantities and are
subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and
images of our products that appear at the store. We cannot guarantee that your
computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products
or Services to any person, geographic region or jurisdiction. We may exercise
this right on a case-by-case basis. We reserve the right to limit the
quantities of any products or services that we offer. All descriptions of
products or product pricing are subject to change anytime without notice, at
the sole discretion of us. We reserve the right to discontinue any product at
any time. Any offer for any product or service made on this site is void where
prohibited.
We do not warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations, or
that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in
our sole discretion, limit or cancel quantities purchased per person, per
household or per order. These restrictions may include orders placed by or
under the same customer account, the same credit card, and/or orders that use
the same billing and/or shipping address. In the event that we make a change to
or cancel an order, we may attempt to notify you by contacting the e-mail
and/or billing address/phone number provided at the time the order was made. We
reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly update
your account and other information, including your email address and credit
card numbers and expiration dates, so that we can complete your transactions
and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we
neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as
available” without any warranties, representations or conditions of any kind
and without any endorsement. We shall have no liability whatsoever arising from
or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your
own risk and discretion and you should ensure that you are familiar with and
approve of the terms on which tools are provided by the relevant third-party
provider(s).
We may also, in the future, offer new services and/or features through the
website (including, the release of new tools and resources). Such new features
and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may
include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are
not affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in
connection with any third-party websites. Please review carefully the
third-party’s policies and practices and make sure you understand them before
you engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example
contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by email, by
postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at
any time, without restriction, edit, copy, publish, distribute, translate and
otherwise use in any medium any comments that you forward to us. We are and
shall be under no obligation (1) to maintain any comments in confidence; (2) to
pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or proprietary
right. You further agree that your comments will not contain libelous or
otherwise unlawful, abusive or obscene material, or contain any computer virus
or other malware that could in any way affect the operation of the Service or
any related website. You may 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 comments. You are solely responsible for any comments you make
and their accuracy. We take no responsibility and assume no liability for any
comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our
Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges,
transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders
if any information in the Service or on any related website is inaccurate at
any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been modified
or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service
will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at
your sole risk. The service and all products and services delivered to you
through the service are (except as expressly stated by us) provided ‘as is’ and
‘as available’ for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality, fitness for
a particular purpose, durability, title, and non-infringement.
In no case shall FEDOTOVREEDS, our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or licensors be
liable for any injury, loss, claim, or any direct, indirect, incidental,
punitive, special, or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of data, replacement
costs, or any similar damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from your use of any of the
service or any products procured using the service, or for any other claim
related in any way to your use of the service or any product, including, but
not limited to, any errors or omissions in any content, or any loss or damage
of any kind incurred as a result of the use of the service or any content (or
product) posted, transmitted, or otherwise made available via the service, even
if advised of their possibility. Because some states or jurisdictions do not
allow the exclusion or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our liability shall be
limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless FEDOTOVREEDS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes.
These Terms of Use are effective unless and until terminated by either you or
us. You may terminate these Terms of Service at any time by notifying us that
you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms of Use, we also may terminate this
agreement at any time without notice and you will remain liable for all amounts
due up to and including the date of termination; and/or accordingly may deny
you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms
of Service shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this
site or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be
construed against the drafting party.
SECTION 18 – CHANGES TO TERMS OF USE
You can review the most current version of the Terms of Use at any time
at this page.
We reserve the right, at our sole discretion, to update, change or replace any
part of these Terms of Use by posting updates and changes to our website. It is
your responsibility to check our website periodically for changes. Your
continued use of or access to our website or the Service following the posting
of any changes to these Terms of Use constitutes acceptance of those changes.
TERMS AND CONDITIONS FOR FEDOTOVREEDS SHOP
State: January 2020
1. Scope
The following Terms and Conditions shall apply to each contract between Alexey Fedotov and a consumer or an entrepreneur (“the Party to the Contract”) at the time of its valid version.
2. Conclusion of the contract, storage of the contract text
2.1. The arrangements on contract conclusion apply to each order placed via our e-shop on the www.fedotovreeds.com website. You will conclude the contract with Alexey Fedotov.
2.2. The presentation of goods in our e-shop does not constitute a legally firm offer for the conclusion of an agreement, but solely an invitation towards the Party to the Contract to place an order. Ordering the selected goods by the Party to the Contract shall constitute a binding offer for entering into contract.
2.3. Going through the stipulated ordering procedure in our e-shop successfully by the Party to the Contract shall be considered a binding contract offer.
The order shall be placed as follows:
- Click the “Shop” on the homepage
- Select the product
- Select the product by clicking “Add to cart”
- Check the cart
- Click the “Check out now” button
- Enter the address and payment information
- Another check or correction of the data entered, as the case may be
- A binding order dispatch by clicking the „order with the obligation to pay” button
Prior to sending the binding order and through activating “Back button” which is in his or her internet browser, the Party to the Contract may get back to the internet site where his or her data are collected. The occasional entry errors may be corrected or the order procedure may be cancelled through closing the internet browser.
We will confirm receipt of the order immediately through sending an automatically generated email (“confirmation of receipt”).
2.4. You will receive the data regarding your order and our “The Terms of Use” via email after we have received your order. You can consult “The Terms of Use” each time at www.fedotovreeds.com. Your order data are not accessible via the internet any more, we store them electronically.
2.5. The purchase contract shall be entered into by sending an order confirmation, however, at the latest upon sending the ordered goods to you.
3. Prices, shipping costs, payment
3.1. The prices are in EUR and the legal turnover tax and other price elements are included. Shipping costs, customs or other import duties may be charged. Shipping costs are shown separately. Unless otherwise agreed herein, correctness of the quotations is not guaranteed.
3.2. The party to the contract may make use of advance payment, Paypal or EPS online transfer
or using a credit card. As soon as the Alexey Fedotov has received
payment, the ordered goods will be delivered.
Charging by invoice is possible upon agreement only when ordering within
Austria. The payment term shall be made fourteen days after the items have been
received. The goods shall be the property
of Alexey Fedotov until the full payment has been made.
If a customer is in default in
payment, Alexey Fedotov is entitled to assert rights arising from retention of
title. Is agreed that no withdrawal from
the contract shall occur when asserting rights due to retention of title unless
expressly stated by Alexey Fedotov.
4. Shipment
4.1. The ordered goods shall be delivered on the dispatch route. The party to the contract shall bear the costs of dispatch.
4.2. Unless in the products description clearly otherwise specified, all of the offered goods shall be ready for dispatch. The goods are dispatched within two business days. The time period for delivery starts to run on the day of entering into contract. If the end of such time period is Saturday, Sunday or a bank holiday, the time period ends on the next business day.
4.3. The shipment may be delayed with goods which need to be produced. The Party to the Contract shall be informed of the scheduled dispatch.
4.4. The danger of
accidental loss and the accidental deterioration
of the item purchased shall also in
the event of dispatch sale devolve upon handover of the goods on the Party to
the contract.
If the Party to the contract is an
entrepreneur, the danger of accidental loss and the accidental deterioration of
the item purchased in the event of dispatch devolve on the Party to the
contract by information of readiness for dispatch and delivery.
4.5. If the package is apparently damaged during delivery, the Party to the contract must insist on such circumstance being written down by the delivery agent. The party to the contract shall notify us with each damage of a product within 5 days (via post service or email).
5. Consumer’s revocation right
If the Party to the contract is a consumer, he or she is entitled to revocation right
Revocation instruction
Revocation right
You are entitled to revoke the contract within fourteen days without giving reasons.
The revocation period shall be fourteen days from the date on which the revocation of the contact has been announced, sent back or handed over to Alexey Fedotov.
You can only exercise your revocation right if you notify us by a clear declaration (e.g. via a letter sent by post service, telefax or email) expressing your decision to revoke this contract. You can make use of the enclosed Revoke form sample, though it is not mandatory.
To observe the revocation period it is sufficient to send the notification on the exercise of the revocation right before lapsing the term of revocation.
Upon revoking this contract, you will receive refunded all your payments made by you including shipping costs (excluding additional costs as they constitute a way of shipment selected by you, different from standard shipment offered by us), without undue delay at the latest within fourteen days from the date on which we have received your notification on this contract revocation. This refund will be made in the same way as you did in your original transaction unless otherwise agreed upon. No fees shall be charged because of this refund. We can deny refund until we have received the goods back or until you provide us evidence that you sent it back, depending on earlier point. The customer shall bear the direct costs of sending back the goods. The customer shall pay for diminished value of the goods if the value of the goods was not diminished in its nature, properties and qualities due to the necessary handling.
The goods shall be sent back unused and in a new, resellable condition and in the original package. For items which show signs of usage and unless these signs have arisen from proper use, Alexey Fedotov shall levy an appropriate recompense for the reduction in value. The same applies, if any accessories or any parts are missing when returning the goods.
End of the information about rights of revocation
6. Revocation form
Revocation form – sample
(If you wish to revoke the contract, fill in this form and send it back, please.)
To:
Alexey Fedotov, tel. +436509608264, Alte Strasse 9 in A-4202 Sonnberg i.M., Austria, email: info.fedotovreeds@gmail.com
I/we(*) hereby revoke the Purchase contract of the following goods(*)/providing the following services(*) which I/we(*) entered into
_____________________________________________________
Ordered on (*)/received on (*)
__________________
Consumer’s name
_____________________________________________________
Consumer’s address
_____________________________________________________
Consumer’s signature (for notification on paper only)
__________________
Date
__________________
(*) delete/cross off as applicable
7. Exclusion of revocation right
1. Goods at reduced price, goods on discount and used items.
2. When the entrepreneur, based on a consumer’s express demand under Section 10 and on a consumer’s confirmation stating knowledge of the loss of the withdrawal right in the event of entire fulfilment of the contract, before lapsing the withdrawal period under Section 11, has begun providing services and the services subsequently were rendered in full,
3. The goods which are made after customer’s specification or are cut unambiguously on their personal demands,
4. The goods which are delivered sealed are not suitable for returning for reasons of health protection and hygiene if the seal was removed after the goods were delivered.
8. Warranty and damages
The
goods shall be checked immediately upon acceptance. Alexey Fedotov shall be notified of such
defects established without undue delay as well as of type and scope of defect,
at the latest within two days after acceptance of such goods. The person accepting the goods shall prove
the defect arose before acceptance of the goods.
A complaint against hidden
defects shall be lodged immediately after having discovered such defects. If
any complaint is not made or is not made in timely manner, the goods are considered accepted. The assertion of warranty or damages claims as
well as right to challenge errors on grounds of defects shall be excluded in
such cases.
Warranty is excluded when defects
or damage which have arisen due to negligent or improper use of inappropriate
accessories or through altering of original parts by a customer or third
parties who have not been authorised by Alexey Fedotov. Use based on wear and
tear is excluded from warranty.
Alexey Fedotov reserves the right
to accept warranty claim through repair, replacement or price reduction at his
own discretion. Exceptions are made in case of existence of the legal right to
conversion. Claims for damages in the event of minor negligence are excluded.
The aforementioned shall not apply to personal damage or damage of goods
accepted for processing as well as to product liability claims.
8.1. Pictures shown
in the product descriptions are solely examples. Because of the uniqueness of
the products or because of used materials, minor changes in colour or minor
difference in size between the delivered goods and the presentation of the
corresponding images on the Internet may occur. However, the Party to the
contract is not entitled to lodge a complaint in the event of such differences.
8.2. We assume no liability for any delay in delivery which may arise due to circumstances which we have no influence on (e.g. late production by a designer’s individual items).
8.3. Neither do we assume any liability in the event of The Party to the contract’s allergies or intolerances towards any raw materials used in our products. Any allergy or intolerance shall not entitle the Party to the contract to lodge a complaint.
9. Offsetting, retention
The Party of the contract’s offsetting claims against our claims as well as any lien are excluded unless otherwise provided in mandatory consumer protection provisions.
10. Dispute resolution
EU Commission online dispute resolution platform http://ec.europa.eu/odr http://ec.europa.eu/odr – you are kindly advised that we are not part of this online dispute resolution platform.
General dispute resolution according to the Alternative dispute settlement Act (AStG), we are not subject to this General dispute resolution.
11. Choice of law, Court of jurisdiction, place of performance, written form
11.1. To the extent not in conflict with mandatory legal provisions, the Austrian law applies exclusively. Application of UN Sales Law is expressly excluded.
11.2. In case of any dispute, subject-matter jurisdiction is the court in the registered office of Alexey Fedotov. Kreuzfeld 29 in A-4202 Hellmonsödt, Austria
11.3. Place of performance is the registered office of Alexey Fedotov. Kreuzfeld 29 in A-4202 Hellmonsödt
11.4. Any changes and any supplements to this contract must be made in writing; the same applies to additional agreements and subsequent amendments to the contract as well as renouncement of the written form requirement.
12. Contract language
The contract language shall be English only.
13. Severance clause
In case any provision in these Terms of Use becomes invalid, it shall have no effect on the remaining provisions. The Terms of Use shall be supplemented with a valid provision analogous to the defective provision so as to ensure the purpose of this Terms of Use