Terms of Business
- Agreeing to the terms
These terms and conditions constitute a legally binding agreement entered into between you, personally or on behalf of an entity (“you”) and VAPE HUB Trading and Services LLC doing business as MAGMA Magellan Group LLC (“VAPE HUB”, “we ", "us" or "our") in relation to your access and use of our services, social networks and website https://www.vape-hub.eu as well as any other media form, media channel, mobile web sites or mobile applications or otherwise related thereto (collectively, the “Site”). We are registered in the USA and have our registered office at 8 The Green ste B, Dover, DE 19901. Our EIN number is 38-4275977. By accessing the Site, you agree that you have read, understood and agreed to be bound by all of these terms and conditions. IF YOU DO NOT AGREE WITH ALL THESE TERMS AND CONDITIONS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USING IT IMMEDIATELY.
Any additional terms or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right to change or adjust these Terms and Conditions from time to time at our sole discretion. We will notify you of any changes by updating the "last modified" date of these Terms and Conditions, and you waive your right to receive specific notice of any such change. Please check the applicable terms each time you use our website to understand which terms apply. Your continued use of the Website after the date of posting of these revised terms and conditions will be deemed to be your acknowledgment of and acceptance of the changes.
The information on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws apply.
The website is intended for users who are at least 18 years old. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must leave the Site immediately. The website includes mechanisms to prevent abuse and purchases by minors:
- Intellectual property rights
Unless otherwise stated, the Site is our property and all source code, databases, functionality, software, site design, audio, video, text, photographs and graphics on the Site (collectively the "Content") and trademarks, service the marks and logos it contains ("Marks") are owned or controlled or licensed by us and are protected by copyright and trademark laws, various other intellectual property rights, European Union unfair competition laws, international laws on copyright and international conventions. The Content and Marks are provided on the Website "AS IS" for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Brand may be copied, reproduced, combined, republished, uploaded, published, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploit for any commercial purpose without our express prior written permission.
Provided you are entitled to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly obtained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in the Site, Content and Marks.
- User introduction
By using the Site, you represent and warrant that: (1) all registration information you provide will be true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have legal capacity and agree to abide by these Terms and Conditions; (4) you are not under the age of 18; (5) you are not a minor in the jurisdiction in which you reside; (6) you will not access the Website by automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Website for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, out of date or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Website (or any part thereof).
- User registration
You may need to register on the website. You hereby agree to maintain the confidentiality of your password and are responsible for all use of your account and password. We reserve the right to remove, reclaim or change any username you choose if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.
- Products and services
All products and services are subject to availability. We reserve the right to discontinue any product or service at any time and for any reason. Prices of all products and services are subject to change. Product images are symbolic and may not reflect the actual condition (colors, materials, etc.).
We work with third-party parcel services to provide you with safe and fast delivery and shipping. See our delivery and shipping policy. By using the Site, you agree to be bound by our Delivery and Shipping Policy, which is incorporated into these Terms and Conditions.
- Purchases and payments
For a complete and up-to-date list of payment methods, see Purchase and Payments. We accept the following payment methods (but not limited to):
– Payment cards
– PayPal
- Bank Transfer
- Cash on delivery
You agree to provide current, complete and accurate purchase and billing information for all purchases made through the Site. You further agree to promptly update your account and payment information, including your email address, payment method and payment card expiration date, so that we can complete your transactions and contact you as needed. VAT is already included in the price. We may change prices at any time. All payments must be in Euros or acceptable cryptocurrencies.
You agree to pay all charges at the then-current prices for your purchases and any applicable shipping charges, and you authorize us to bill your selected payment provider for all such amounts when your order is placed. If your order is subject to recurring charges, you agree that we may charge your payment method on a regular basis without requiring your prior authorization for each recurring charge until you cancel the applicable order. We reserve the right to correct any mistakes or errors in the price list, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. At our sole discretion, we may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed using the same customer account, the same payment method, and/or orders using the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our judgment, appear to have been placed by dealers, resellers or distributors.
- Refunds
We care about your satisfaction with the products and services offered by the site. We offer a 90-day money back guarantee as set out in our returns policy. By using the Site, you agree to be bound by our Returns Policy, which is incorporated into these Terms and Conditions.
- Prohibited activities
You may not access or use the Site for any purpose other than the purpose for which we make it available. The Site may not be used in connection with any commercial endeavors except as expressly authorized by us.
As a user of the Website, you agree not to:
- Systematically extract data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
- Deceive, cheat or mislead us or other users, particularly in any attempt to obtain sensitive account information such as user passwords.
- Bypass, disable or otherwise interfere with the security features of the Website, including features that prevent or restrict the use or copying of any content or enforce restrictions on the use of the Website and/or the content it contains.
- Disparage, defame or otherwise harm, in our opinion, us and/or the website.
- Use any information obtained on the Site to harass, abuse, or harm another person or entity.
- Misuse our support services or submit false reports of abuse or misconduct.
- Use the Website in a manner that does not comply with applicable laws or regulations, or access the Website for any fraudulent or illegal purpose.
- Restrict or prevent any other person from accessing or using the Website.
- Participated in unauthorized modification (framing) or linking of the website.
- Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spam (continuous posting of repetitive text), which interferes with the smooth use and enjoyment of any page on the Site or alters , damages, disrupts, alters or interferes with the use, functions, operation or maintenance of the Website.
- Engage in any automated use of the System, such as using scripts to send comments or messages, or using any data mining, robots or similar data collection and extraction tools.
- Remove, obscure or alter any copyright, trademark or other proprietary notices from the Website.
- Attempt to impersonate another user, person or entity or use another user's username.
- Sold or otherwise transferred your profile.
- Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information gathering or transmission mechanism, including without limitation clear graphic exchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes called "spyware" or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt or create an undue burden on the Website or the networks or services connected to or accessing the Website.
- Harass, harass, intimidate or threaten any of our employees or agents who provide you with any part of the Website.
- Attempt to circumvent any Site measures designed to prevent or restrict access to the Site or any part of the Site.
- Copy or adapt the website software, including but not limited to Flash, PHP, HTML, JavaScript or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble or reverse engineer any software that contains or in any way constitutes a part of the Website.
- Except as may result from the use of a standard search engine or Internet browser, use, run, develop or distribute any automated system, including without limitation any spider, robot, cheat utility, scraper (scraper) or offline readers accessing the Site, or by using or running any unauthorized script or other software.
- Use a purchasing agent or purchasing agent to make purchases on the website.
- Make any unauthorized use of the Website, including collecting users' usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.
- Use the Website as part of any effort to compete with us or otherwise use the Website and/or Content for any revenue-generating endeavor or commercial enterprise.
- Use the Website to advertise or offer to sell our goods and services.
- User Generated Contributions
The website offers users to submit or publish content. We may offer you the opportunity to create, submit, publish, display, download, perform, post, distribute or submit content and materials to us or the Site, including text, recordings, videos, audio, photographs, graphics, comments, suggestions or personal information or other materials (collectively, “Submissions”), including, but not limited to. Submissions may be viewed by other users of the Site and through third party websites. As such, any Submissions you provide may be treated in accordance with the Site's Privacy Policy. By creating or making available any Submissions, you represent and warrant that:
- The creation, distribution, transmission, public display or performance, and accessing, transmission or copying of your Submissions does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party on them.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and authorize us, the Site and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.
- You have the written consent, representation and/or permission of each identifiable individual in your Submissions to use the name or likeness of each identifiable individual to enable the inclusion and use of your Submissions in any manner contemplated by the Site and these Terms and Conditions.
- Your submissions are not false, inaccurate or misleading.
- Your Submissions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
- Your Submissions are not obscene, lascivious, filthy, violent, harassing, defamatory or otherwise objectionable (as determined by us).
- Your submissions do not ridicule, disparage, bully or abuse anyone.
- Your Submissions are not used to harass or threaten (in the legal sense of those terms) any other person and to incite violence against a particular person or group of people.
- Your Submissions do not violate any applicable law, regulation or rule.
- Your Submissions do not violate the privacy or publicity rights of any third party.
- Your Submissions do not violate any applicable laws relating to child pornography or otherwise intended to protect the health or welfare of minors;
- Your submissions do not include any offensive comments related to race, national origin, gender, sexual orientation or physical disability.
- Your Submissions do not otherwise violate any provision of these Terms and Conditions or any applicable law or regulation or link to infringing material.
Any use of the Website in violation of the foregoing violates these Terms and Conditions and may, among other things, result in the termination or suspension of your rights to use the Website.
- Contribution License
You and the Site agree that we may access, store, process and use any information and personal data you provide in accordance with the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Website, you agree that we may use and share such feedback for any purpose without compensation.
We do not claim any ownership of your contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations made by you in your submissions to any area of the Site. You are solely responsible for your Contributions to the Site and you expressly agree to indemnify and hold us harmless from any and all legal proceedings against us in connection with your Contributions.
- Assessment Guidelines
We may provide areas on the Site for you to leave reviews. When posting a review, you must meet the following criteria: (1) you must have first-hand experience with the person/entity being reviewed; (2) your reviews must not contain profanity or abusive, racist or hateful language; (3) your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews must not contain references to illegal activities; (5) if you post negative reviews, you must not be affiliated with competitors; (6) you must not draw conclusions about the legality of the conduct; (7) you must not post false or misleading statements; and (8) you may not conduct a campaign that encourages others to post reviews, positive or negative.
We may accept, reject or remove reviews at our sole discretion. We have no obligation to review reviews or delete reviews, even if someone finds the reviews to be objectionable or inaccurate. Opinions are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliated companies or partners. We are not responsible for any assessment or for any claims, liabilities or losses arising from the assessment. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, transferable and sub-licensable right and license to reproduce, modify, translate, transmit in any way, display, perform and/or distribute all content relating to assessment.
- Social media
As part of the Site's functionality, you may link your account to online accounts you have with third-party service providers (each such account a "Third-Party Account") by: (1) providing your third-party account login information through the Site; ; or (2) provide access to your Third Party Account as permitted under the applicable terms governing your use of each Third Party Account. You represent and warrant that you are entitled to disclose your Third Party Account login information to us and/or provide us with access to your Third Party Account provided that you are not in violation of any of the terms governing your use of the applicable Third Party Account person, and without obligating us to pay any fees or being subject to any usage restrictions imposed by a third-party service provider on behalf of a third-party. If you allow us to access any Third Party Account, you understand that (1) we may access, make available and store (if applicable) any content that you have provided and stored in your Third Party Account (“Social Network Content "), so that it is available on the Site and through your account, including without limitation any friend lists, and (2) we may submit and receive additional information through your third-party account if you are notified when you link your account with a third party account. Depending on the third-party accounts you select, and in accordance with the privacy settings you have set in those third-party accounts, personally identifiable information that you post to your third-party accounts may be available in and through your account at website. Please note that if a third-party account or related service becomes unavailable, or our access to such third-party account is terminated by a third-party service provider, then the Social Network Content may no longer be available on the Site. You may disable the link between your Site account and your third party accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH OTHER SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including, but not limited to, accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a third party account and your contact list stored on your mobile device or tablet solely for the purpose of identifying and notifying those contacts who have also registered to use the website. You may deactivate the link between the Site and your third party account by contacting us using the contact information below or through your account settings (if available). We will attempt to delete all information stored on our servers obtained through such third party account, except for the username and profile picture that becomes associated with your account.
- Contributions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relating to the Site (“Submissions”) that you provide to us are non-confidential and will become our exclusive property. We will own the exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and distribution of these Contributions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions and hereby warrant that all such Submissions are your original or that you have the right to submit such Submissions. You agree that no remedy shall exist against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
- Third Party Websites and Content
The Website may contain (or may send you through the Website) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, images, designs, music, sound, video, information, applications , software and other content or objects belonging to or originating from third parties ("Third Party Content"). We do not investigate, monitor or review such third-party websites and third-party content for accuracy, appropriateness or completeness, and we are not responsible for any third-party websites that you access through the website or any third-party content posted on the website. site available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained on third-party sites or in third-party content. Incorporating, linking to, or permitting the use or installation of any third-party website or any third-party content does not imply approval or endorsement by us. If you decide to leave the Website and access third-party websites or use or install any third-party content, you do so at your own risk and should be aware that these terms and conditions no longer apply. You should review the applicable terms and policies, including privacy and data collection practices, for each website you navigate to from the Website or with respect to any applications you use or install from the Website. Any purchases you make through third-party websites will be made through other websites and from other companies, and we assume no liability in connection with such purchases, which are solely between you and such third party. You agree and acknowledge that we do not endorse any products or services offered on third-party websites and are not responsible for any damages that may result from your purchase of such products or services. In addition, we are not liable for any loss you may suffer or damage caused to you in connection with or in any way resulting from any third party content or any contact with third party websites.
- Site management
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms and conditions, including without limitation reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, restrict the availability of, or disable (to the extent technologically feasible) any of your Submissions or any portion thereof; (4) in our sole discretion and without limitation, notice or liability, remove from the Website or otherwise disable any files and content that are excessively large or in any way burdensome to our systems; and (5) how we otherwise operate the Site in a manner designed to protect our rights and property and to enable the Site to function properly.
- Privacy policy
We care about data privacy and security. See our privacy policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please note that the site is hosted in the Netherlands. If you access the website from any other region of the world with laws or other requirements governing the collection, use or disclosure of personal information that differ from the laws applicable in the Netherlands, then by continuing to use the website you transfer your information to the Netherlands and expressly agree you agree to have your data transferred and processed in the Netherlands. In addition, we do not knowingly accept, solicit or obtain information from children or knowingly market to children. Therefore, in accordance with the EU General Data Protection Regulation, if we actually learn that a person under the age of 16 has provided us with personal information, we will delete that information from the website as soon as possible.
- Duration and termination
These terms and conditions remain in full force and effect for as long as you use the website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING , WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE, OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED, AT ANY TIME WITHOUT NOTICE AND IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name, or the name of any third party, even if you may be acting on behalf of a third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to civil, criminal, and injunctive relief.
- Changes and interruptions
We reserve the right, at our sole discretion, to modify or remove the content of the Site at any time and for any reason without prior notice. However, we are under no obligation to update any information on our website. We also reserve the right to change or discontinue all or part of the Site at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Website.
We cannot guarantee that the website will be available at all times. We may experience hardware, software, or other problems or be required to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise change the Site at any time and for any reason without notice to you. You agree that we shall not be liable for any loss, damage or inconvenience caused by your inability to access or use the Website during any downtime or interruption of the Website. Nothing in these Terms and Conditions shall be construed to obligate us to maintain and support the Site or to provide any corrections, updates or postings thereto.
- Applicable legislation
These conditions are governed and interpreted in accordance with the laws of Croatia, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If you have your usual residence in the EU and are a consumer, you have additional protection provided by the mandatory provisions of the law in your country of residence. MAGMA Magellan Group LLC and you agree to submit to the non-exclusive jurisdiction of the courts in Zagreb, which means that you may bring a claim to protect your consumer protection rights in relation to these Terms in Croatia or in the EU country in which you reside.
- Conflict solving
Informal negotiations
To expedite the resolution and control the costs of any dispute, dispute or claim related to these Terms and Conditions (each a “Dispute” and collectively “Disputes”) brought by you or us (individually, a “Customer” and collectively the “Parties” ), the parties agree to first attempt to negotiate any dispute (other than those disputes expressly set forth below) informally for at least thirty (30) days prior to the commencement of arbitration. Such informal negotiations shall commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of the relationship between the parties to this Agreement will be resolved by a single arbitrator selected in accordance with the arbitration and internal rules of the European Court of Arbitration, which is part of the European Arbitration Center located in Strasbourg, and are in effect at the time of the request for arbitration, acceptance of this clause constituting acceptance. Unless otherwise agreed, the seat of arbitration will be Zagreb, Croatia. The language of the proceedings is Croatian. The substantive law of Croatia is applicable.
Limits
The Parties agree that any arbitration shall be limited to the dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration shall be consolidated with any other proceeding; (b) there is no right or authority to have any dispute resolved in a class action or to use class action procedures; and (c) has no right or authority to bring any dispute in a purported representative capacity on behalf of the general public or any other person.
Exceptions to informal negotiations and arbitration
The parties agree that the above provisions regarding informal negotiations and binding arbitration shall not apply to the following disputes: (a) any dispute aimed at enforcing or protecting or relating to the validity of any intellectual property right of a party; (b) any dispute relating to or arising out of allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, neither party will elect to arbitrate any dispute relating to that part of this provision found to be illegal or unenforceable, and such dispute will adjudicated by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of such court.
- Corrections
The Site may contain information that contains typographical errors, inaccuracies or omissions that may relate to products, including descriptions, prices, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the website at any time and without prior notice.
- Disclaimer
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE TO USE THE SITE SERVICES AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SITE OR THE CONTENT OF ANY WEBSITE LINKED TO THIS SITE, AND WE DO NOT ASSUME ANY LIABILITY FOR ANY (1) ERRORS OR INACCURACIES IN THE CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR THE PRODUCTS OFFERED, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL DATA AND/OR FINANCIAL DATA STORED THEREIN, (4) ANY INTERRUPTION OR DISCONTINUATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIAL OR FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF ANY CONTENT POSTED, DOWNLOADED OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE. WE DO NOT GUARANTEE, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION DISPLAYED IN ANY BANNER OR OTHER ADVERTISING, AND WE DO NOT WE WILL BE INVOLVED IN OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH PURCHASING A PRODUCT OR SERVICE THROUGH ANY MEDIA OR IN ANY ENVIRONMENT, USE YOUR BEST JUDGMENT AND USE CAUTION WHERE APPROPRIATE.
- Limitation of liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE PRODUCTS OFFERED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION WILL ALWAYS BE LIMITED TO THE AMOUNT PAID BY YOU TO US, IF AT ALL, DURING THE SIX (6) MONTH PERIOD, BEFORE ANY CAUSE OF ACTION. SOME EU LAWS, US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMER OR LIMITATION MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
- Compensation for damages
You agree to defend and hold us, including our subsidiaries and affiliates and all of our officers, agents, partners and employees, harmless from and against any loss, damage, liability, claim or demand, including reasonable attorneys' fees and expenses, that is caused by a third party due to or resulting from: (1) use of the website; (2) violations of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of third party rights, including but not limited to intellectual property rights; or (5) any overtly harmful action against other users of the Website with whom you have connected through the Website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your own expense, in our defense of such claims. We will use our best efforts to notify you of any such claim, suit or proceeding that is the subject of this indemnification claim when we become aware of it.
- User data
We will retain certain information that you provide to the Website for the purposes of managing the operation of the Website, as well as information relating to your use of the Website. Although we perform regular routine backups of data, you are solely responsible for any data that you provide or that relates to any activity you perform using the Site. You agree that we shall not be liable to you for the loss or damage to any such data, and you waive any right of action against us arising out of the loss or damage to such data.
- Electronic communications, transactions and signatures
Visiting a website, sending e-mails and filling out online forms are electronic communications. You consent to receiving electronic communications and agree that all agreements, notices, disclosures and other communications we provide to you electronically, by email and on the Site, comply with all legal requirements that such communications be in writing. YOU CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS REGARDING TRANSACTIONS INITIATED OR CONCLUDED BY US OR THROUGH THE WEBSITE. You hereby waive all rights or requirements under any laws, regulations, rules, orders or other laws in any jurisdiction that require an original signature or the delivery or retention of non-electronic records, or the payment or granting of credits by any means other than electronically.
- Users and California residents
If your complaint is not satisfactorily resolved with us, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at ( 800) 952-5210 or (916) 445-1254.
- Miscellaneous
These Terms and Conditions and any policies or operating rules we post on or in connection with the Website constitute the entire agreement and understanding between you and us. Failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms apply to the fullest extent permitted by law. We may transfer any or all of our rights and obligations to others at any time. We are not responsible for any loss, damage, delay or failure to perform due to a cause beyond our reasonable control. If any provision or part of a provision of these General Terms and Conditions is found to be illegal, invalid or unenforceable, that provision or part of a provision shall be deemed to be severable from these General Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment or agency relationship is created between you and us as a result of these Terms or your use of the Site. You agree that these Terms will not be construed to our detriment because we have drafted them. You hereby waive any defenses you may have based on the electronic form of these terms and conditions and the fact that the contracting parties have not signed these terms and conditions.
- Contact us
If you would like to resolve a complaint regarding the Website or obtain additional information about the use of the Website, please email us at info@vape-hub.eu or by mail to the address:
MAGMA Magellan Group LLC
8 The Green you are B,
Dover, DE 19901