Privatumo Politika ir Naudojimo Sąlygos

PRIVACY POLICY

OUR PRIVACY POLICY AT A GLANCE

  1. WHO WE ARE. We are JSC E.MOTION ROOMS (company code: 302828858, company registration and postal address: Jasinskio st. 16B, LT-01112, Vilnius. E-mail: info@smartwellness.eu), operating e-concept store website: www.smartwellness.eu We are responsible for processing and protecting your personal data. This means that we are responsible for how we process and protect your data.
  2. WHAT WE USE YOUR DATA FOR. We will use your data, collected online to manage your purchases of products or services and to respond to your queries.
  3. WHY WE USE YOUR DATA. We have legal standing to process your data for various reasons. The main reason is that we need to process your data to perform the contract that you accept with us when you make a purchase or enjoy any of our services or functionalities. We also use your data for other reasons, for example, to respond to your queries.
  4. WHO WE SHARE YOUR DATA WITH. We share your data with service providers who provide us with assistance or support or third party providers inside or outside the European Union.
  5. YOUR RIGHTS. You have the right to access, rectify or delete your personal data. In certain cases, you are also entitled to other rights, such as, for example, to object to us using your data, or to transfer your data.

We encourage you to read our full Privacy Policy below to understand in depth the manner in which we will use your personal data and your rights over your data.

OUR PRIVACY POLICY

We are JSC E.MOTION ROOMS (company code: 302828858, company registration and postal address: Jasinskio st. 16B, LT-01112, Vilnius. E-mail: info@smartwellness.eu), operating e-concept store website: www.smartwellness.eu. We need your personal data to perform the contract that you accept with us when you make a purchase or enjoy any of our services or functionalities. We also use your data for other reasons, for example, to respond to your queries. We are responsible for processing and protecting your personal data. This means that we are responsible for how we process and protect your data.

In this Privacy Policy, you will find all relevant information applicable to our use of our clients personal data, regardless in our website www.smartwellness.eu. When we speak about our Platform, we refer, in general, to our website: www.smartwellness.eu.

We are transparent about what we do with your personal data, to help you to understand the implications of the way in which we use your data, and the rights you are entitled to in relation to your data:

WHY WE PROCESS YOUR PERSONAL DATA

Depending on the purpose for which we process your data from time to time, as explained above, we need to process one or other data, which will in general be, depending on each case, as follows:

  • your identity data (for example, your name, surname, language and country from which you interact with us, contact data, etc.);
  • economic and transactions information (for example, your payment or card data, information on your purchases, orders, returns, etc.);
  • connection, geolocation and/or browsing data (if you interact with us from your mobile phone, for example);
  • commercial information (for example, if you have subscribed to our newsletter),
  • information about your tastes and preferences.

Remember that, when we ask you to fill in your personal data to give you access to any functionality or service of the Platform, we will mark certain fields as compulsory, since this is information that we need to be able to provide the service or give you access to the functionality in question. Please take into account that, if you decide not to make such data available to us, you may be unable to complete your user registration or may not be able to enjoy those services or functionalities.

Depending on how you interact with our Platform, i.e., depending on the services, products or functionalities that you wish to enjoy, we will process your personal data for the following purposes:

PURPOSE

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1. For the development, performance and execution of the purchase or services contract that you executed with Us on the Platform

This purpose includes processing your data, mainly:

To contact you for updates or informative notices related to the contracted functionalities, products or services, including quality surveys and to be able to establish the degree of customer satisfaction with the provided service;

To manage payment of the products that you purchase, regardless of the payment procedure used. For example:

▪If on purchasing any of our products through the Website www.smartwellness.eu, you opt to activate the functionality of save your card data for future purchases, we need to process the indicated data for activation and development of that functionality. Consent to the activation of this functionality enables your autocompleted payment data to appear in subsequent purchases so that you do not need to introduce them in each new process, and these data will be deemed valid and effective for subsequent purchases. You may change or cancel your cards at any time through the section on payment information, either of your Website registered user account.

2. To meet requests or applications that you make through the Customer Support channels

We only process the personal data that are strictly necessary to manage or resolve your request or application.

3. Analysis of usability and quality to improve our services

If you access our Platform, we inform you that we will treat your browsing data for analytic and statistic purposes, i.e., to understand the manner in which users interact with our Platform and thus be capable of introducing improvements in the Platform. In addition, we occasionally perform quality surveys and actions to know the degree of satisfaction of our customers and users and detect those areas in which we may improve.

HOW WE ARE LEGALLY PERMITTED TO PROCESS YOUR DATA?

The legal terms on which we are permitted to process your personal data also depends on the purpose for which we process them, as explained in the following table:

Purpose

Legal standing

1. Development, performance and making of the purchase or services contract

We process your data because their processing is necessary for us to make the purchase or services contract with you.

Certain processing of data related to the purchase process is activated only because you request or authorise it, as is the case of the storage of payment (card) data for future purchases.In these cases, our processing of your data is supported by your own consent.

We consider that we have a legitimate interest to carry out the necessary verifications to detect and prevent potential fraud when you make a purchase. We understand that the processing of these data is positive for all the participating parties when a purchase is paid and in particular for you, since this allows us to establish measures to protect you from fraud attempts by third parties.

2. Customer Support

We consider that we have legitimate interest in answering the requests or queries raised by you through the existing different contact channels. We understand that the processing of these data is also beneficial to you to the extent that it enables us to assist you adequately and answer to the queries raised.

When you get in touch with us, in particular, for the management of incidents related to your order or the product/service acquired through the Platform, the processing of your data is necessary to perform the purchase contract.

When your request is related to the exercise of your rights on which we inform you below, or to claims on our products or services, we are legally permitted to process your data for compliance with our legal obligations.

3. Analysis of usability and quality

We consider that we have a legitimate interest in analysing the Platform usability and the user’s satisfaction degree, since we understand that that the processing of these data is also beneficial for your because the purpose is to improve the user experience and provide a higher quality service.

HOW LONG WILL WE KEEP YOUR DATA?

The time for which we will keep your data will depend on the purposes for which we process them, as explained below:

Purpose

Time for which the data are kept

1. Development, performance and execution of the purchase or services contract

We will process your data for the time necessary to manage the purchase of the products or services that you buy, including potential returns, complaints or claims related to the purchase of the product or service in question.

Sometimes, we will only process the data until the time when you decide, as is the case of payment (card) data that you requested us to store for future purchases.

2. Customer Support

We will process your data for the time necessary to meet your request or application.

3. Analysis of usability and quality

We will process your data occasionally for the time during which we proceed to carry out a specific quality action or survey or until we anonymise your browsing data.

Notwithstanding the fact that we will process your data for the time strictly necessary to achieve the purpose in question, we will subsequently keep them duly stored and protected for the time during which liability may arise for their processing, in compliance with legislation in force from time to time. Once each of the potential actions is time-barred we will proceed to delete the personal data.

DO WE SHARE YOUR DATA WITH THIRD PARTIES?

To achieve the purposes mentioned in this Privacy and Cookies Policy, we must give access to your personal data to third parties that provide us with support in the services that we offer your, i.e.:

financial institutions,
anti-fraud detection and prevention entities,
technological service providers,
logistic, transport and delivery partners and service providers,
▪providers of customer support related services,
advertising and marketing related partners and service providers.

For service efficiency purposes, some of these providers are located in territories outside the European Economic Area that do not offer a level of data protection comparable to that of the European Union, in other words, the United States of America. In such cases, we inform you that we will transfer your data with adequate safeguards and always keeping your data safe:

WHAT YOUR RIGHTS ARE WHEN MAKING YOUR DATA AVAILABLE TO US

We undertake to keep your personal data confidential and to ensure that you may exercise your rights. Bearing that in mind, we that you may exercise your rights free of charge by writing us an e-mail to mail address (info@smartwellness.eu), simply informing us of the reason for your request and the right that you wish to exercise. If we consider this necessary to be able to identify you, we may request you to provide a copy of a document evidencing your identity.

In particular, notwithstanding the purpose or legal basis we use to process your data, you have the following rights:

  • To request access to your personal data that we hold. We remind you that where you are a Platform registered user you may also consult this information in the relevant section of your online account.
  • To request that we rectify the personal data that we hold. Please bear in mind that if you are a registered user on the Platform, you may also access the relevant personal data section of your online account to change or update your personal data. In any case, please take into account that, on actively making your personal data available to us through any procedure, you guarantee that they are true and accurate and you undertake to notify to us any change or modification of your data. You will be liable for any loss or damage caused to the Platform or to the person responsible for the Platform or to any third party by reporting erroneous, inaccurate or incomplete information in the registration forms. Please remember that, as a general rule, you must provide us only with your own data, not with those of third parties, other than to the extent otherwise permitted in this Privacy and Cookies Policy.
  • To request that we erase your personal data to the extent that they are no longer necessary for the purpose for which we need to keep processing them, as we have explained above, or when we are no longer legally permitted to process them.
  • To request that we cancel or limit the processing of your personal data, which entails that in certain cases you can request us to temporally suspend the processing of the data or that we keep them longer that necessary.

If you have given us your consent to process your data for any purpose, you also have the right to withdraw such consent at any time. Some of the circumstances in which you may withdraw your consent are detailed in section 2 where we explain for which purposes we process your data.

When we are legally permitted to process your data due to your consent or to for the purposes of a contract, as explained in section 3, you will also have the right to request the portability of your personal data. This means that you will have the right to receive the personal data that you made available to us in a structured, commonly used and machine-legible format, to be able to transmit them to another entity directly without impediments on our part.

In addition, where the processing of your data is based on our legitimate interest, you will also have the right to object to the processing of your data.

WHAT HAPPENS WHEN YOU PROVIDE US WITH DATA OF THIRD PARTIES?

We offer functionalities or services that require us to process the personal data of a third party that you must provide, such as in the case of purchase delivery to the third part. If you provide us with personal data of third parties, you confirm that you informed them of the purposes and of the manner in which we need to process their personal data.

CHANGES TO THE PRIVACY POLICY

We may amend the information contained in this Privacy and Cookies Policy when we consider this appropriate. Should we do so, we will notify you by various procedures through the Platform (for example, through a banner, a pop-up or a push notification), or we may even send you a notice to your e-mail address when the change in question is relevant to your privacy, for you to be able to review the changes, assess them and, as the case may be, object or unsubscribe from ay service or functionality. In any case, we suggest you to review this Privacy and Cookies Policy from time to time in case minor changes are made or we make any interactive improvement, taking the opportunity that you will always find it as a permanent point of information on our Website www.smartwellness.eu.

INFORMATION ON COOKIES

We use cookies and similar devices to facilitate your browsing in the Platform, understand how you interact with us and, in certain cases, to be able to show you advertisements in accordance with your browsing habits. Please read our Cookies Policy to understand with greater detail the cookies and similar devices that we use, their purpose and other information of interest.

What is a Cookie? A Cookie is a small text file that a website stores on your PC, telephone or any other device, with information about your navigation on that website. Cookies are necessary to facilitate browsing and to make it more user-friendly, and they do not damage your computer.

While this Policy uses the general term “Cookies”, as they are the main method for storing information used by this website, the browser’s “Local Storage” space is also used for the same purposes as the Cookies. All the information included in this section is also applicable to this “Local Storage”.

What are Cookies used for on website www.smartwellness.eu? Cookies are an essential part of how our website works. The main purpose of our Cookies is to improve your browsing experience. For example, they are used to remember your preferences (language, country, etc.) while browsing and on future visits.
The information collected by the Cookies also enables us to improve the site by estimating numbers and patterns of use, the suitability of the website to the individual interests of the users, quicker searches, etc. On occasion, if we have obtained your informed consent in advance, we may use Cookies, tags or other similar devices to obtain information that enables us to show you, either from our own website or from third-party websites or any other means, advertising based on the analysis of your browsing habits.

What are Cookies NOT used for on this website?We do not store sensitive personal information, such as your address, your password, your credit or debit card data, etc. in the Cookies we use.

Who uses the information stored in Cookies? The information stored in the Cookies from our website is used exclusively by us, except for those identified below as “third-party cookies”, which are used and managed by external entities to provide services requested by us to improve our services and the experience of the user when browsing our website. The main services for which these “third-party cookies” are used are to obtain access statistics and to guarantee the payment transactions that are carried out.

How can I avoid using Cookies on this website? If you prefer to avoid the use of Cookies on this page, taking into account the above-described limitations, you must first disable the use of Cookies in your browser and then delete the Cookies saved in your browser associated with this website.
You may use this option for preventing the use of Cookies at any time.

How do I disable and prevent the use of Cookies? You may restrict, block or delete the Cookies from this website at any time by changing the configuration of your browser following the steps indicated below. While the settings are different in each browser, Cookies are normally configured in the “Preferences” or “Tools” menu. For further details on configuring Cookies in your browser, see the “Help” menu in the browser itself.

QUESTIONS AND FEEDBACK

We welcome your questions, comments and feedback. Please send all questions, comments and feedback to us via the contact information provided on our “Contact Us” webpage.

Last updated AUGUST 2019

WWW.SMARTWELLNESS.EU TERMS OF USE

INTRODUCTION 

Welcome to the SMARTWELLNESS.EU website. These Terms are important for both you and us as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING AND/OR PLACING AN ORDER FROM THIS WEBSITE. BY USING THIS SITE AND/OR PLACING AN ORDER FROM THIS SITE, YOU ACCEPT THESE TERMS AND CONDITIONS, AND OUR PRIVACY POLICY WITHOUT ANY RESERVATIONS OR QUALIFICATIONS, AND YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. 

IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, WHETHER IN WHOLE OR IN PART, PLEASE DO NOT USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE OR PLACE AN ORDER FROM THE SITE. 

These Terms constitute an agreement between you (hereinafter, “you” or “your”) on the one hand, and JSC E.MOTION ROOMS (Jasinskio st. 16B, Vilnius, LT- 01112) (hereinafter collectively, “us,” “our,” “we,” “www.smartwellness.eu”) on the other hand, in relation to your use of the Website www.smartwellness.eu, the goods/services offered and sold through Website www.smartwellness.eu and any orders you place through the Website www.smartwellness.eu.

If you have any questions about the Terms or the Privacy Policy, you may contact us via the contact information provided on our “Contact Us” webpage on the Site www.smartwellness.eu 

USE OF OUR WEBSITE 

You agree that: 

  1. You may only use the Website to make legitimate inquiries or orders. 
  2. You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities. 
  3. You also agree to provide correct and accurate email, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Policy for more information on how we use your personal information). 
  4. If you do not give us all of the information that we need, we may not be able to complete your order. 
  5. You will not attempt to interfere or interfere in any way with the Site’s network or related network security, or attempt to use the Site’s service to gain unauthorized access to any other computer system. 
  6. You will not use the Site to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity right of another person or entity. 
  7. You will not use the Site to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, state, national or international law or regulation. 
  8. By placing an order through the Website, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts. 

HOW PURCHASE CONTRACTS ARE FORMED 

No contract (“Contract”) in respect of the purchase of a product offered on the Site or shall exist between you and us until your order has been accepted by us and we send you the Order Confirmation. If we do not accept your order and funds have already been deducted from your account, the funds will be fully refunded. 

To place an order, you will be required to follow the shopping process online and submit the order. After this, you will receive an email from us acknowledging that we have received your order (the “Order Confirmation”). Your order constitutes your offer to us to buy one or more products from us for personal use and not for resale purposes. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched. Notwithstanding the foregoing, your card or other method of payment will not be charged until your order is accepted. However, it may show a pre-authorization of the funds immediately upon order. 

For all purchases made through the Site, you acknowledge and agree that your purchase receipt will be provided electronically only; paper copies of receipts will not be provided. 

AVAILABILITY OF PRODUCTS 

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid. 

REFUSAL OF ORDER 

We reserve the right to withdraw any product from the Website at any time and/or remove or edit any materials or content on the Website. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion. 

We will not be liable to you or any other third party by reason of our withdrawing any product from the Website, whether it has been sold or not, removing or editing any materials or contents on the Website for refusing to process or accept an order after we have sent you the Order Confirmation. 

DELIVERY 

Products offered through the Website www.smartwellness.eu are only available for delivery to the BALTIC STATE Countries (Lithuania, Latvia, Estonia).

Unless there are any exceptional circumstances, it takes two weeks from day of confirmed order for your purchase to arrive at your place.

Reasons for delay could include: 

  1. Customization of products; 
  2. Specialized products; 
  3. Unforeseen circumstances; or 
  4. Delivery area. 

For signature required deliveries (which is generally determined by the carrier), we will after the initial delivery, make two (2) additional attempts to deliver your parcel before initiating a return. For the purpose of these Terms, the “delivery” shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon receipt of the product(s) at the designated delivery address.

UNABLE TO DELIVER 

Please note that an order can be delivered to a neighbor, in case a delivery attempt is unsuccessful. Delivery to a neighbor address is upon judgment of the driver. Signature required orders which cannot be delivered will be returned to warehouse as stated above. The carrier will generally determine if the parcel can be left in a secure place at your delivery address. Your package may be returned to us if there is no safe place to leave the package at the point of delivery, where the package is safe from weather and is not visible to passersby. For lost or missing packages, we will provide you with the information of the carrier and tracking number associated with your order so that you may contact them directly to track your package. 

RISK AND TITLE 

The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, whichever event occurs later in time. 

PRICE AND PAYMENT 

The price of the products shall be the one quoted from time to time on our Website, except where there is an error. While we take care to ensure that all prices quoted on our Website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund. 

We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. 

Once you have finished shopping on the Website, all the products you wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment. 

Payment for orders will be made to JSC “E.motion rooms”. The amount of the purchase will be charged to your card during 1-24 hours after you get an order confirmation e-mail from us. By submitting an order you are confirming that the credit card is yours. Cards are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non- delivery. 

If payment is made via PayPal, the amount will be charged upon confirmation of your order. 

RETURNS AND EXCHANGE POLICY 

You have the right to cancel and return your order within 14 days. In order to return a product, it must be in its unchanged condition with all labels remaining and with no package damage.  In this case, client will be required pay the return shipment costs. Please allow 1-2 billing cycles for the refund to appear on your bank statement (due to different banking institution policies). 

Please include with the product being returned all original boxes, instructions, documents, and wrappings. After reviewing the product, we will let you know whether or not you have a right to a refund based on our Return and Exchange policy conditions. We will process your refund as soon as possible and in any case; within thirty (30) days of the date the returned goods have been received by us. We will refund any money received from you using the same method used to make payment if the card is available. If not, subject to any legal requirements, we will issue you merchandise credit. Merchandise credits do not expire. 

JSC “E.motion rooms” reserves the right to refuse returns of any product that does not meet the above return requirements in JSC. “E.motion rooms” sole discretion. 

Returns of defective products 

In circumstances where you consider that the product does not conform to your order, you should promptly contact us by telephone at +370 61810525 or e-mail: info@smartwellness.eu with details of the product and a description of the defect. 

If any defect exists, defective products will be refunded in full, including a refund of the delivery charges (if any) and any reasonable costs incurred by you in returning the product. We will always refund any money using the method used to make payment provided the same is available. 

LIABILITY AND DISCLAIMERS 

We publish information on the Site as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described in the may not be available in your region. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in the Site or will be available for purchase in all jurisdictions. 

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE, WHICH IS PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR THEIR FUNCTIONS OR CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 

Due to the open nature of the Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Website unless otherwise expressly set out on the Website.

INTELLECTUAL PROPERTY 

The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software, and the HTML used to generate the pages (collectively, “Materials”), is JSC “E.motion rooms” property or that of our suppliers or licensors and is protected by patent or trademark. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any. Materials from the Site in whole or in part, for any public or commercial purpose without the specific prior written permission of JSC “E.motion rooms”. We grant you a personal, limited, non-exclusive, nontransferable license to access the Site and to use the information and services contained on the Site. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We have the right to change these rules and/or limitations at any time, in our sole discretion. 

WRITTEN COMMUNICATIONS 

When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website, push notifications or messages. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. 

EVENTS OUTSIDE OUR CONTROL 

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a “Force Majeure Event”). A Force Majeure Event shall include any act, event, non- happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following: 

  1. Strikes, lock-outs or other industrial action. 
  2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. 
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. 
  4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 
  5. Impossibility of the use of public or private telecommunications networks. 
  6. The acts, decrees, legislation, regulations or restrictions of any government. 
  7. Any shipping, postal or other relevant transport strike, failure or accidents. 

Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure.

DISPUTES 

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 Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. YOU FURTHER AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE, THE PRIVACY POLICY AND/OR THESE TERMS WILL BE RESOLVED INDIVIDUALLY.

OUR RIGHT TO MODIFY THESE TERMS 

We have the right to revise and amend these Terms at any time. Your use of the Site after we post changes to these Terms constitutes your agreement to those changes prospectively from the date of such changes. You will be subject to the Terms and JSC “E.motion rooms” policies in force at the time that you order products from us. 

QUESTIONS AND FEEDBACK 

We welcome your questions, comments and feedback. Please send all questions, comments and feedback to us via the contact information provided on our “Contact Us” webpage. 

Last updated AUGUST 2019