Legal Terms and Conditions of Use
Last Updated: March 4th, 2019
User’s Acknowledgement and Acceptance of Terms
Mabsut Life D.O.O. LTD., a company incorporated in Slovenia with registration number 8198489000 and registered office at Ljubljana, Knezova ulica 001, 1000 Ljubljana (the “Company”, “we”, “our,” or “us”), owns and operates a proprietary website www.phenopen.com (the “Site”, “Website”) which serves as a virtual store for the sale of liquid vape devices, battery packs and cartridges (the “PhenoPen(s)” or “item(s)”), in accordance with and subject to the Legal Terms and Conditions of Use set forth below (“Terms and Conditions”).
You must be of legal age by the state you are in to purchase the PhenoPens. It is your responsibility to know whether you are legally able to purchase the PhenoPens. The Site and Services are available to and may only be used by individuals or entities who can form legally binding contracts under the law applicable to them. Without limiting the foregoing, the Site and/or Services are not available to persons under the age of 18 (“Minors“). If you are a Minor, You may not use the Site and/or Services; your continued use of the Site and/or Services constitutes your representation that you are not a Minor.
We reserve the right (but are under no obligation) to request proof of age at any stage, to verify that you are not a Minor. For the avoidance of doubt, we shall not be responsible for any unauthorized use by Minors of the Site and/or Services in any way or manner.
You understand that laws regarding financial contracts, services, and products vary throughout the world, and it is your obligation alone to ensure that you fully comply with (and do not violate) any law, regulation or directive, relevant to you and your use of the Site and/or Services. By using the Site and/or Services you warrant and represent that you confirm that such use complies with all laws, regulations, and directives relevant to the use of the Site and/or Services.
For the avoidance of doubt, the ability to access the Site and/or use the Services does not necessarily mean that your activities via the Site and/or your use of the Services are legal under the laws, regulations, and directives relevant to you. For the avoidance of doubt, it is hereby clarified that we make no representations or warranties, expressed or implied, that your use of the Site and/or Services is lawful.
Without derogating from the above, we reserve the right, at our sole discretion, to deny access to the Site and/or Services to anyone as we deem fit.
In order to register for an account on the Site you must fill in the information on the payment page (“Account”) For the avoidance of doubt, we reserve the right, at any point in time (whether prior to completion of the registration or afterwards), to refuse to open an Account for you, to suspend or cancel your Account and exclude you from using the Site and/or Services if you fail to comply with any terms of the Terms and Conditions and/or additional rules and guidelines of the Site or Services and/or if we believe, at our sole discretion, that you have abused the Terms and Conditions in any way or acted in bad faith.
You are responsible for securing your username and password for your Account, and you shall not transfer them to any third party. We are under no obligation to maintain your user name and password. If you misplace, forget or lose your password or username because of anything other than the Company’s error, the Company shall not be liable for any direct or indirect loss associated with such occurrence.
You agree to provide true, accurate, current and complete information about yourself during the registration process. The information shall include, but may not be limited to: (i) full name, email address, country of residence, city, street, ZIP code, phone number, billing address or email; (ii) credit card information – card number, expiration date, CVV, full name on card.
You are responsible for ensuring that the information provided by you is true and accurate. If incorrect details are provided to us at the time or placing an order, we will not be held responsible for the purchase order of PhenoPens reaching an incorrect destination.
In the event that the purchased order of PhenoPens is returned to us due to incorrect and/or erroneous details provided by you, it is clarified that you will be charged for the shipping and handling fees. Be sure to fill out accurate and up-to-date details.
You agree not to impersonate any person, misrepresent any affiliation with another person, entity or association, use false details or otherwise conceal your identity from us for any purpose. You shall notify us immediately upon any change in any of the details you provided to us, or if you are aware of any unauthorized use of your Account.
The Company shall not be liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
The prices and currencies of the PhenoPens which can be viewed on the Site are exclusive of taxes (Value Added Tax and other taxes applicable on the date of the order) and treatment and forwarding expenses, unless otherwise indicated. For orders to countries outside of the country from where the PhenoPens are shipped, you are the importer of the PhenoPens concerned and customs duties or other local taxes, including but not limited to VAT, or import duties or state rights may be applicable. These rights and sums are not within our purview. They will be at your expense and are your responsibility both in terms of declaration and payments to the relevant authorities. All orders are payable in Euro/USD/GBP currencies which can be viewed on the Site.
We reserve the right to change prices, terms and/or and specifications for the Services on the Site at any time without prior notice. You understand that PhenoPens will be charged on the basis of current rates at the time of confirmation of the order and subject to availability and such prices are accepted by you. The PhenoPens remain the property of the Company until full payment has been received by the Company.
You can place purchase orders via the Site. We reserve the right not to accept payment, and not to confirm an order for any reason, including, but not limited to, in the event of supply problems.
When you place a purchase order via the Site, you understand that your credit card information will be verified in accordance with clearing and banking regulations, and upon receipt of the order’s confirmation, a notice will be sent to your email. If the transaction is not approved for any reason, you will receive an email notification as such and can try to place the purchase order again.
You represent and warrant that your use of the Site and/or Services is permitted under the applicable laws of jurisdiction and you agree to indemnify and hold us harmless if your use of the Site and/or Services is in violation of any applicable law, or in our sole discretion otherwise unsuitable.
When you use the Site and/or Services, you are responsible for maintaining the confidentiality of your access information and for restricting access to your computer. You agree to accept responsibility for any and all activities that occur on your computer relating to any use of the Site and/or Services.
You shall not use the Site and/or Services in any way that could: (a) infringe our and/or any third party’s intellectual property rights; (b) copy or resemble our and/or any third party’s intellectual property in whole or in part; or (c) disparage us and/or any third party or otherwise damage our and/or any third party’s goodwill or reputation in any way.
Validation of Purchased Order
You shall not abuse the Site and/or Services for any purposes including, but not limited to, for the purpose of money laundering. We reserve the right to refuse to do business with, to discontinue to do business with, and to reverse the transactions of, anyone who does not accept or conform to anti-money laundering legislation and/or policies.
The act of validating your purchase order means your obligation to pay the quoted price. The payment of your purchases can be made by credit card or bank transfers, subject to the availability of that payment method in connection with your order.
The PhenoPens ordered by you will be delivered to the shipping address entered by you during the order process, within the time specified on the order confirmation page. You will assume all responsibility in ascertaining that your country of receipt will be able to receive shipment and delivery of the PhenoPens and we will not be held liable for any and/or all matters and/or policies concerning the shipment and/or delivery of the PhenoPens to any country.
We do not guarantee any time limit for you to receive the PhenoPens and you acknowledge that the shipment and delivery may extend to a longer period of time due to reasons beyond our control. We will not be held responsible for late delivery due to your unavailability. In addition, you alone are obligated to calculate and pay any and/or all additional charges which may be applicable to you or otherwise arising as a result of you receiving the PhenoPens.
If you wish to return the PhenoPens for a full refund or exchange, please ensure all items are sent in their original, unopened condition with all tickets attached within 30 days of the date in which they were shipped to you. Please also include a copy of your invoice and indicate which items you are returning and whether you would like a refund or exchange. No refund or exchange will be available for any item that: (i) is returned used or (ii) received by us after 30 days from the date in which the item was shipped to your location. Please note that we are not liable for any item sent back to us, until it is in our physical possession. Shipping and handling charges may apply and are nonrefundable.
Once we receive the returned item(s) and process your request, we will send you an email confirming whether you will be issued a refund subject to our return policy. The refund can only be issued to the credit/debit card that was used to complete the original purchase, or to the bank account the wire transfer was made from. In the event you received the PhenoPens as a gift, a refund will not be credited to you; however, you may make an exchange for an item of equal or higher in value and we will charge you the difference.
If you wish to make an exchange, please provide a clear indication of the item(s) you wish to receive in exchange for your original item(s). Should the items you send us meet the above-mentioned conditions, we will process your request and you will receive a confirmation email once your new item(s) ships. There is no additional shipping charge for exchanges. If the requested item is not available, you will be issued a refund instead, and receive an email confirming that this action was taken. Any difference in price for exchanges will be charged or refunded to the same credit card used to place the original order.
Please send all returns and exchanges to the following address: Mabsut Life D.O.O. LTD., KNEZOVA ULICA 1, 1000 LJUBLJANA.
We do not warrant the completeness or accuracy with respect to information and/or details appearing on the Site, nor do we ensure the availability and/or the quality of the PhenoPens and/or shipping and delivery, to the extent that these are beyond our control. Furthermore, we reserve the right to refuse orders exceeding a certain number of items.
You acknowledge that the illustrations of the PhenoPens appearing on the Site serve for demonstration purposes and that the image of the PhenoPens might be different and/or change based on the current stock supply of PhenoPens available, subject to availability from our suppliers. We will inform you of any missing stock prior to completing your order.
The Company may modify or discontinue, temporarily or permanently the Services, or any portion thereof, with or without notice to you.
We reserve the right to actively report actual or suspected credit card fraud and to require you to provide additional authorization regarding the purchase order, such as telephone confirmation and/or additional information. We also reserve the right to cancel, delay or refuse the order if we suspect fraudulent financial activity.
Should any financial activity via our Site and/or Services be suspected of fraud, we reserve the right to present all records to the necessary authorities and/or credit card companies for the investigation of fraud.
You acknowledge that any health-related information appearing on the Site is provided by us for informational purposes alone and under no circumstances is intended to substitute the expert advice of doctors or other healthcare professionals. All statements made on the Site regarding the PhenoPens have not been evaluated by any food and drug administration, including the FDA. PhenoPens are not intended to diagnose, treat, or cure any disease, ailment, discomfort or otherwise. You are required to always check with your physician before starting to use PhenoPens, especially if you are pregnant, nursing, taking medications, or have a history of any medical conditions. We highly suggest that you consult a physician or official medical professional in any case before using PhenoPens.
Should applicable law not permit the foregoing exclusion of express or implied warranties, then we grant the minimum express or implied warranty required by applicable law.
Limitation of Liability
We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of data or information and any direct or indirect loss which arises from any of these occurrences with respect to the Site and/or Services and/or PhenoPens. We are not responsible for any problems or technical malfunction of any internet or telephone network or lines, computer on-line systems, servers or providers, computer equipment, software failure of email on account of technical problems or traffic congestion on the internet. We shall not be responsible or liable in the event of systems or communications errors, bugs or viruses relating to the Site and/or Services and/or PhenoPens or which will result in damage to any hardware and/or software. We shall not be responsible or liable for any actions or omissions of internet service provider or any other third party with respect to the Site and/or Services and/or PhenoPens which are beyond of our control.
In no event will we be liable towards you and/or any third party for any direct, indirect, incidental, punitive, special or consequential damages, including damages for loss of profits, business, revenue, economic advantage, data, equipment or network downtime, with respect to the Site and/or Services and/or PhenoPens regardless of whether we were made aware of the possibility of the occurrence of such damages. Without derogating from the above, the maximum liability of us to you is limited to the funds paid by you in connection with the Services about which you seek damages, provided that you return the PhenoPens to us in their original condition and complete (including, but not limited to, packaging, accessories, manual).
The Site and/or Services and/or PhenoPens are provided “as is”, and neither we nor any of our directors, officers, shareholders, employees, advisors, contractors, agents, subsidiaries and affiliates make any warranty or representation, whether express or implied (whether by law, statute, or otherwise), including but not limited to implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, completeness or accuracy, non-infringement of third parties’ rights or of applicable laws and regulation, or that the Site and/or Services and/or PhenoPens will be uninterrupted, timely, secure or error-free, or that defects will be corrected, or will be free of viruses or bugs or as to results or the accuracy of the Site and/or Services.
For the avoidance of doubt, it is hereby clarified that once the sale is concluded, the risk of loss or damage of the PhenoPens is fully transferred to you.
Conduct on Site
Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Site. By posting information in or otherwise using any communications service which is available or may one day become available, including chat, message boards, newsgroups, a software library, or other interactive services through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our Site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
You will indemnify and hold us and our directors, officers, shareholders, employees, advisors, contractors, subsidiaries and affiliates harmless against all direct and indirect claims, liabilities, damages, losses, obligations, injuries, penalties, claims, suits, actions, disbursements, costs, legal fees and expenses (whether actual or contingent) arising from: (i) your breach of the Terms and Conditions; (ii) any of your acts or omissions in connection with the Terms and Conditions; and/or (iii) any legal proceedings initiated by or on behalf any third party against us as a result of or in connection with your acts or omissions in regard to the Terms and Conditions.
Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
You agree that we, in our sole discretion, may terminate your access to the Site and/or Services if for any reason we believe you have breached any of the Terms and Conditions. You will be strictly prohibited from using the Site and/or Services, and we may, at our own discretion, cancel any outstanding purchase orders.
Data and Information
You may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about us, the Site, the Services and/or the PhenoPens (“Suggestions”). You understand that any Suggestions submitted to us by way of communication shall be non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of any Suggestions for any purpose, commercial or otherwise, without any acknowledgment and/or compensation to you.
We may archive purchase orders and invoices on a reliable and durable system as a true copy. The records that we keep will be considered by all parties as proof of communications, orders, payments, and transactions between the parties.
We may provide you with notices, including those regarding changes to this Terms and Conditions, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Site. Such notices may not be received if you violate this Terms and Conditions by accessing the Site and/or Services in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Site and/or Services in an authorized manner.
You acknowledge and understand that if a force majeure event occurs and extends beyond our control, we shall have no liability to you, whether it be in the contract, warranty, tort, negligence, or any other method of liability for failure to perform any obligations in accordance with the Terms and Conditions.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Republic of Slovenia without giving effect to conflicts of law principles. You irrevocably agree to submit, for the benefit of us, exclusively within the territorial jurisdiction of Ljubljana District Court for the settlement of any claim, dispute or matter arising out of or concerning the Terms and Conditions or its enforceability and you waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.
We reserve the right to modify, alter, or change these Terms and Conditions at any time at our own discretion, and your continued use of the Site and/or Services will be conditioned upon the Terms and Conditions in force at the time of you have used the Site and/or Services. We suggest you check regularly the most current version of the Terms and Conditions.
A person who is not a party to the Terms and Conditions has no right to rely upon or enforce any term of the Terms and Conditions.