OVERVIEW

This website is operated by PulseWorks Engineering e.U. Throughout the website, the terms “we”, “us” and “our” refer to PulseWorks Engineering e.U. PulseWorks Engineering e.U. offers this website, including all information, tools and services available on this website, to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“General Terms and Conditions”, “Terms”), including any additional terms and conditions and policies referred to herein and/or available by hyperlink. These General Terms and Conditions apply to all users of the website, including, without limitation, users who are visitors, vendors, customers, merchants and/or contributors of content.

Please read these General Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these General Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these General Terms and Conditions are considered an offer, acceptance is expressly limited to these General Terms and Conditions.

Any new features or tools added to the current shop will also be subject to the General Terms and Conditions. You can review the most current version of the General Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these General Terms and Conditions 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 shop is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE SHOP TERMS

By agreeing to these General Terms and Conditions, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and have given us your consent to allow any of your minor dependants to use this website.

You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including, without limitation, copyright laws).

You must not transmit any worms, viruses or any code of a destructive nature.

A breach or violation of any of these Terms will result in immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to any person at any time for any reason.

You understand that your information (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted when transferred 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 contacts on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and do 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 website 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 website is at your own risk.

This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without prior notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

Shopify 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 (IF APPLICABLE)

Certain products or services may be available exclusively online through the website. These products or services may be available in limited quantities and are subject to return or exchange only in accordance with our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear in the shop. We cannot guarantee that your computer monitor will display any colour accurately.

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 product descriptions and product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.

We do not warrant that the quality of any products, services, information or other materials 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, at 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 or the same credit card, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you by contacting the email address and/or billing address/telephone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to have been placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.

For further details, please read our Return Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools that we neither monitor nor control nor influence.

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 website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the 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 General Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available through our Service may include materials from third parties.

Third-party links on this website 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 of those websites, 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 third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before engaging 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 submissions (for example, contest entries), or if, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials online, by email, by post or otherwise (collectively, “comments”), you agree that we may, at any time and 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 to (1) keep any comments confidential, (2) pay compensation for any comments, or (3) respond to any comments.

We may, but are not obligated to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these General Terms and Conditions.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal rights, or proprietary rights. You further agree that your comments will not contain libellous, defamatory or otherwise unlawful, abusive, hateful or obscene material, or computer viruses or other malware that could in any way affect the operation of the Services or any related website or application. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for your comments and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 – PERSONAL DATA

The submission of personal data through the shop is governed by our Privacy Policy. Please read our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website or in the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, shipping 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 and 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 set forth in the General Terms and Conditions, you are prohibited from using the website 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 on the basis of 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 affects the functionality or operation of the Service or 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 if you violate 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 or discontinue 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 (unless expressly stated otherwise by us) provided “as is” and “as available” for your use, without any representations, 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 or non-infringement.

In no event shall PulseWorks Engineering e.U., 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 similar damages, whether based in contract, tort (including negligence) or strict liability, or otherwise arising from your use of the Service or any products procured through the Service, or for any other claim related in any way to your use of the Service or any product, including, without limitation, 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 through the Service, even if advised of their possibility.

Because some countries or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages in those countries 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 PulseWorks Engineering e.U. and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these General Terms and Conditions or the documents incorporated by reference, or your violation of any law or the rights of a third party.

SECTION 15 – SEVERABILITY

If any provision of these General Terms and Conditions is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these General Terms and Conditions. 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 General Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these General Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

If, in our sole discretion, you fail to comply with any term or provision of these General Terms and Conditions, or we suspect that you have failed to do so, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the termination date; and/or we may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these General Terms and Conditions shall not constitute a waiver of that right or provision.

These General Terms and Conditions and any policies or operating rules posted by us on this website or in respect of the Service constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the General Terms and Conditions).

Any ambiguities in the interpretation of these General Terms and Conditions shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These General Terms and Conditions and any separate agreements under which we provide Services to you shall be governed by and construed in accordance with the laws of Woroujach, Bleiburg, Carinthia, 9150, Austria.

SECTION 19 – CHANGES TO THE GENERAL TERMS AND CONDITIONS

You can review the most current version of the General Terms and Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these General Terms and Conditions 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 General Terms and Conditions constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the General Terms and Conditions should be sent to us at legal@pulseworks-engineering.com.