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Terms and Conditions of Use

1. Introduction

1.1

Welcome to the Desenio Group Inc (the “Company,” “we,” “our”) website (“Website”). Please read the following information carefully before using this Website. These are the terms, covenants, conditions, and provisions (the “Terms and Conditions”) governing your access to and use of the Company’s Website, including the products or services offered or provided through the Website. If you do not accept these Terms and Conditions or you do not meet or comply with the provisions, you may not use the Website. If you choose to continue to use or access this Website, you recognize that the Company has provided valuable consideration by offering this Website free of charge, and in exchange for that valuable consideration, you agree to these Terms and Conditions. Note, however, these Terms and Conditions do not apply to your access or use of, or any data or information that may be collected by any third parties, including any third-party platform, server hosts, or vendors, so please refer to their respective terms and conditions, privacy policies, terms of use, and data practices for more information.

2. Acceptance and Conduct

2.1

By accessing or using the Website, you accept these Terms and Conditions, and any applicable third-party terms and conditions, privacy policies, terms of use, and/or data practices, and agree to be legally bound by them, and all applicable laws, rules, and regulations associated with your access or use of the Website. If you do not agree to be bound by these Terms and Conditions, the Privacy Policy, or any other published policy of the Company, you are not authorized to access or use the Website or place any orders through the Website. We reserve the right, in our sole discretion, to modify or update these Terms and Conditions at any time. Please check the Terms and Conditions each time you visit the Website for the most current version and information.

2.2

These Terms and Conditions apply to the Website and to all products, services, and content contained herein, whether you access such content directly on this Website, you download such content from this Website, or you use any other service offered by the Company. You are authorized by the Company, provided that you are at least 18 years of age, to access and use the information on the Website, solely for personal, non-commercial use. The information, materials, and products displayed on the Website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without the Company’s express prior written consent, which may be withheld or conditioned in the Company’s sole and absolute discretion. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with the Website, and any reproduction or circumvention of the navigational structure or presentation of the Website or its content, is strictly prohibited. You agree not to use the Website for any unlawful purpose.

In order to access certain features of the Website, including the placement of orders through the Website, you may be required to create an account with the Company and provide certain Personal Information (as defined in the Privacy Policy of the Company). You are responsible for maintaining the confidentiality of your username(s) and password(s) and are fully responsible for all activities that occur under such username, password, or user account, including all purchases that occur under your username and/or user account. You agree to immediately notify Company in writing of any unauthorized use of the password or account or any other breach of security. You must log out from the account at the end of each session. The Company reserves the right to block your account if it suspects that you have violated these Terms and Conditions.

2.3

If you supply a telephone number in connection with use of the Website, you consent to receive calls or texts at that number, whether manually or automatically dialed or sent, from the Company and/or from participating vendors. If you supply an email address in connection with the use of the Website, you consent to receive electronic communication from the Company, participating vendors or other third-party vendors. You may opt out of these communications by writing to the Company at [email protected].

2.4

You agree not to modify the Website or use modified versions of the Website (except if modified by the Company) including for the purpose of obtaining unauthorized access to the Website. You agree not to access the Website by any means other than through the interface that is provided by the Company for use in accessing the Website.

3. Privacy

3.1

Please review the Company’s Privacy Policy, which can be found here, to understand our practices. Information regarding the Company’s processing of Personal Information is set forth in its Privacy Policy and is incorporated into these Terms and Conditions. By using our Website or placing an order with us, you agree that we may use and share your Personal Information, as defined and set forth in the Privacy Policy.

3.2

Specifically, you acknowledge that the Company may collect certain Personal information, share certain Personal Information with third parties, and may contact you periodically, all in accordance with the terms of the Privacy Policy. The Company also reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain Personal Information.

4. Ownership of Materials; Intellectual Property Rights

4.1

The Website and the products, services, and content contained herein, including without limitation, Company names, product names, images, graphics, text, articles, software, codes, scripts, blogs, information about Company products or services, photos, sounds, videos, website design, interactive features and the like (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are the sole property of the Company or its licensors, and are protected by United States and international copyright, trademark and other laws (Content and Marks are collectively referred to as “Company IP”). Except for the limited licenses expressly granted to you in these Terms and Conditions, if any, the Company retains all proprietary rights to the Company IP. Without limiting the foregoing, you may not reproduce, copy, modify, display, sell, or distribute the Company IP, or use it in any other way for public or commercial purpose. This includes any code that the Company creates to generate or display the Content or the pages making up the Website. The use of the Company IP on any other website or in a networked computer environment for any purpose is strictly prohibited.

4.2

You must retain all copyright, trademark, service mark and other proprietary notices contained on the Company IP or other Company materials on any authorized copy you make of the Company IP. All other product and service marks contained on the Website are the trademarks of their respective owners. Company IP on the Website is provided to you AS IS for your information and personal use only. The Company reserves all rights not expressly granted in and to the Website and the Company IP. You agree to not engage in the use, copying, or distribution of any of the Company IP other than expressly permitted herein. If you download or print a copy of the Company IP for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any the Company IP or enforce limitations on use of the Website or the content therein. If you believe any trademarks, service marks, or logos used on the Website to be the property of someone else, please notify the Company in writing at [email protected].

5. Licenses

5.1

The Company hereby grants you a limited, terminable, non-assignable, non-exclusive, revocable right to access and use the Company IP as contemplated herein. All such uses are for your personal, non-commercial use only and shall not be used for any commercial purpose, without Company’s prior written consent, which may be withheld or conditioned in Company’s sole and absolute discretion. You acknowledge that no Company IP may be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without Company’s express prior written consent, which may be withheld or conditioned in Company’s sole and absolute discretion. The Company reserves the right to suspend or terminate your access and use of the Website at any time if Company, in its sole discretion, determines that you are in breach of these Terms and Conditions.

5.2

Any information, including Personal Information (as defined in the Company’s Privacy Policy) provided to the Company, including through the Website, or to a third-party through the Website, will be collected and used by Company in its sole and absolute discretion to help improve the content and functionality of the Website, to better tailor the Website to your needs, to respond to any inquiry or requests submitted by you, and to suggest products or services that may be relevant to you during your use of the Website. Company may also use such information to customize the Website to provide a better user experience and to enhance or maintain the Website, including any products, services, or content.

5.3

The Website may contain features that allow you and any other user to review products or post comments that are publicly available to other users (“Common Spaces”). Any content that you or any user submits, provides, contributes, posts, uploads, or sends on or through the Common Spaces of the Website (“User Content”) shall be deemed not to be confidential and may be used by Company or any other user in any manner consistent with these Terms and Conditions, including the Privacy Policy. Note that User Content only includes content that is publicly posted by you on the Common Spaces. It does not include any content that is shared with the Company through other means. The Company reserves the right to use any User Content as it deems appropriate including, without limitation, by changing, de-identifying, redacting, modifying, editing, rejecting, or refusing to use, upload, publish or post it.

5.4

You acknowledge and agree that you are solely responsible for all User Content you make available through the Website. By submitting, providing, contributing, posting, uploading, or sending User Content on or through the Website, you represent and warrant that: (i) the User Content is original to you; (ii) no other party has any rights thereto; (iii) you either own the User Content or have the rights necessary to grant Company and other users rights in the User Content, as provided for below; (iv) the submitting, contributing, providing, posting, uploading, or sending of the User Content through the Website, or Company’s exercise of the rights granted to it in the User Content, will not violate the rights of any third parties (for example, patents, copyrights, trademarks, trade secrets, or other intellectual property rights, or rights of publicity or privacy) or any applicable statutes, laws, rules, regulations, guidelines, or ordinances; and (v) no payments of any kind shall be due to any third party. Company is not responsible for maintaining any User Content that you provide on the Website, and Company may delete or destroy any such User Content at any time and for any reason and without notice to you.

6. Third Party Materials

6.1

Through the Website you may come across, access, review, display, use or purchase third-party products, services, resources, Content, software, technology, materials, or information (“Third-Party Materials”). You acknowledge and agree that you are solely responsible for and assume all risks arising from your access to, use of, or reliance on any Third-Party Materials, and Company disclaims any liability that you may incur arising from your access to, use of, or reliance on Third-Party Materials or other users’ User Content. You also acknowledge and agree that Company: (i) has no responsibility for the availability or accuracy of Third-Party Materials, including third-party products or services, or other users’ User Content; (ii) has no liability to you or any third party for any harm, injuries, or losses suffered as a result of your purchase of, access to, use of, or reliance on such Third-Party Materials or other users’ User Content; and (iii) does not make any promises to remove Third-Party Materials or other users’ User Content from the Website or from being accessed through the Website. Nothing in these Terms of Use authorizes you to, and you may not, reproduce, transmit, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of, or otherwise use or exploit any Third-Party Materials or other users’ User Content except as expressly permitted by the Website, these Terms and Conditions or any other published policy of the Company.

6.2

Company neither endorses nor guarantees in any way the vendors, suppliers, organizations, sponsors, authors, advertisers, partners, data, information, materials, views, recommendations, plans, or products or services offered, published, posted, uploaded, expressed, and/or promoted on the Website.

6.3

The Website may include hypertext links or links to other websites or webpages, or to information and/or articles created and maintained by other organizations or users/individuals. These links are provided solely for Company users’ information and convenience. When users select a link to an external platform, website or webpage, they are leaving the Company Website and are subject to the privacy and security policies of the owners/sponsors of the external link. The Company is not responsible for any Personal Information provided or collected by third parties on other sites other than this Website.

7. Representations

7.1

You represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) the Website for any purpose in any manner that is prohibited by these Terms and Conditions, the Privacy Policy, any other published policy of the Company, or by applicable law. In addition to all other representations contained herein, you further represent that you own and control the ownership rights to, or you otherwise have the lawful right or permission to use, the content that you provide to the Company or otherwise distribute on or through this Website.

8. Website Content

8.1

The Company created the Website for the Company’s customers to place orders online and to provide products, services, information, content, and data for informational purposes only. Company makes no representation that any or all of the materials, content, products or services on the Website are appropriate or available for sale or use by its customers in any or all locations. The information provided on the Website is provided by the Company as a convenience to you. The Content contained on this Website does not obligate Company to provide any specific material, product or service. Company will use reasonable efforts to include accurate and up-to-date information. However, due to the nature of the Internet, the Company does not warrant and cannot guarantee the accuracy, availability, completeness or authenticity of the information contained on the Website, or its suitability for any purpose.

8.2

The Website may include technical inaccuracies or typographical errors. The Company will from time to time revise the information, products and services described on the Website, and reserves the right to make such changes to the Terms and Conditions, the Privacy Policy, and/or any other published policy of the Company from time to time without notice to you. Any changes to the Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on the Website.

9. Terms of Sale

9.1

By placing an order for products and/or services from the Company, you are (i) offering to purchase a product and/or service, (ii) representing that you are at least 18 years old, (iii) representing that all information you provide to us in connection with such order is true and accurate, (iv) representing that you are an authorized user of the payment method provided, (v) representing that you accept and agree to these Terms and Conditions, the Privacy Policy, and any other published policy of the Company. When you submit your order, the Company must receive payment prior to fulfilling your order, and your order may not be fulfilled until we verify certain items, including without limitation your Personal Information, your payment information, and your creditworthiness.

9.2

We reserve the right to: (i) refuse any order you place with us; (ii) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products or services offered; (iii) change or update information in connection with any products or services offered; and (iv) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties, including resellers.

9.3

All prices and products advertised, including availability of products, are subject to change. Although the Website is composed with care, it may happen that the information regarding product description or technical specification, pricing or availability on the Website contains errors. We are not bound by our offer or any prices on the Website and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Website. If a product is out of stock, we may still be able to accept your order, but will not charge you for the product until it is back in stock and available to ship. If the price is inaccurate, we will inform you of such pricing discrepancy and await your approval of the amended price prior to continuing with the order process. The images of the products on our Website are for illustrative purposes only. Such illustrations do not guarantee that the product will have the exact appearance, color, function, or origin as show in the illustrations. Your product(s) and the packaging of your product(s) may vary from that shown on images on our Website.

9.4

All prices displayed on the Website are quoted in US Dollars ($). Applicable taxes, fees or charges of any nature, including shipping and handling costs, sales tax, customs or duty charges, shall be added to the total amount of your purchase and will be displayed prior to checkout. The Company may offer a variety of acceptable payment methods or discounts, which may be changed from time to time in Company’s sole discretion.

9.5

After placing the order, the Company will confirm the order and send an order confirmation to your email. We encourage you to save the order confirmation for any future contacts with the Company’s customer service regarding the order. You are entitled to cancel your order up until it has been confirmed by the Company. If the order is cancelled, the Company will refund any payments you have made with regard to the order.

9.6

Products in stock are normally delivered within the number of working days set forth on the Website. Unless otherwise agreed (e.g., in connection with the reservation of products not in stock), delivery will be made no later than 30 working days after the Company has confirmed the order in writing through the order confirmation. If you have not received your order within the delivery time advertised, please contact our customer service no later than 30 business days after the order was placed.

9.7

The expected delivery time is set forth in the order confirmation and on the current product page on the Website. Unless otherwise expressly agreed (e.g., in connection with the reservation of products not in stock), if a delivery is delayed for more than 30 business days and you have not yet received the product, you are entitled to cancel the purchase.

9.8

If any package shall be picked up at a specific delivery point, you shall do so within the time specified in the notification. Packages shall normally be retrieved personally with valid identification and order number. You will receive a notification of delivery stating when and where the package shall be picked-up or received. The notification may be made by e-mail, ordinary mail, and if you have provided a mobile number, also by phone or SMS. the Company is entitled to charge you a fee of $22 USD if the package is not retrieved. In cases of home delivery, there should be a person available to accept the parcel.

9.9

When purchasing products on the Website you have a 90-day withdrawal period. This means that you have the right to cancel any purchase by notifying the Company accordingly within 90 days from when you or your representative received the product ordered (withdrawal period). Our return and exchange policy are not valid for personalized posters that are printed on-demand. Further information about the Company’s delivery of products and the conditions for delivery are set forth here. All products must be returned in the same condition as they were delivered. If products clearly have been used, we may make a deduction from the reimbursement in our sole and absolute discretion.

9.10

By accepting these Terms and Conditions, you acknowledge and agree that the right of withdrawal is not valid for any digital content delivered otherwise than by a tangible medium.

9.11

In connection with ordering a product for which the right of withdrawal does not apply, you will receive clear information that the product is not eligible to be withdrawn. If a product has been sealed, you may not break the seal if you wish to utilize your right of withdrawal. The right of withdrawal ceases at the time you break the seal. A seal also includes any technical seal (e.g., serial number).

9.12

If you wish to withdraw a purchase, you must, prior to the expiration of the withdrawal period, send a written message to the Company in the manner set forth here. You shall provide your name, address and other relevant information, e.g., order reference or confirmation number, invoice number and the name of the product in the message. If you prefer not to use the above alternative message, you may use the standard form for the right of withdrawal provided by the National Board for Consumer Policies or any other equivalent authority in their respective country.

9.13

If you elect to exercise your right of withdrawal, you shall pay for the return shipping costs and are also responsible for the condition of the product after you have received the product and during the return shipping until the Company has received the product. The product shall be returned within 14 days from the date when the Company was notified of the withdrawal. The product shall be sent well packaged, in good condition and in its original box and/or packaging. Any returns shall be sent to the Company in accordance with the methods and directions set forth on the Website. Depending on the destination, you may be subject to additional charges in order to receive their package. Such charges include Customs & Duty charges, VAT/local taxes, etc. The aforementioned fees are your sole responsibility, even in case of forced return, i.e., prior to the parcel being delivered to you. If you require more information on this, please promptly contact our customer service team.

9.14

If you withdraw your purchase, the Company will refund the amount you have paid for the product, including shipping costs minus any costs set forth herein. Any additional shipping costs due to you choosing a delivery method other than the standard delivery offered by the Company are exempted from refund. In the event only part of an order is returned, the shipping costs will not be refunded. The Company, in its sole and absolute discretion, is entitled to deduct an amount from the amount to be refunded, which corresponds to the depreciation in value of the product compared to the original value of the product, if and to the extent such depreciation in value is due to you having used and handled the product to a greater extent than necessary to determine its function or characteristics.

9.15

The Company will pay back the amount without undue delay, however, no later than within 14 days from the date the Company received your notification of withdrawal. However, the Company may delay repayment until the Company has received the product. Repayment will be made to you by the original payment method chosen by you, unless otherwise agreed.

9.16

The Company may from time to time provide exclusive offers on the Website which may have more favorable conditions than those set forth in these Terms and Conditions, e.g., with regard to payment or extended right of withdrawal. Such conditions will apply for the duration of the exclusive offer and for the specific products as expressly set forth by the Company. The Company reserves the right, at any time, to withdraw, change, or modify such exclusive offers. Upon termination or withdrawal of an exclusive offer, these Terms and Conditions shall apply without any amendments. Any offers on specific products on the Website are valid only for a limited period of time and until products are sold out.

9.17

Gift certificates sold by the Company are valid for two (2) years from date of issue and can be redeemed at the Company’s website. After the expiration date, the card cannot be used as a method of payment, cannot be reactivated, and any remaining balance cannot be refunded. Your gift certificate should be kept in a secure place and cannot be redeemed for cash. Lost or stolen certificates will not be replaced.

9.18

To participate in any competition or giveaways offered by the Company, you must be aged 18 and over. Employees at the Company cannot participate in any competition held by the Company. The winner will be selected by an independent jury of three from our marketing department. Full details of the judging process and the names of the members of the jury are available on request by emailing [email protected]. The jury's decision is final and cannot be appealed. When choosing the winner, the jury will be looking for the best contribution (whatever it might be, depending on the competition).

9.19

The winner will be announced on our social media where the competition is being held and asked to contact us for further information. The prizes cannot be exchanged, transferred or returned and cannot be redeemed for cash or any other prize. You must pay all other costs associated with the prize and not specifically included in the prize, including shipping and handlings. We retain the right to substitute the prize offered with another prize of similar value in the event that the original prize offered is not available.

9.20

The Company is not liable for any delays caused by circumstances beyond the Company’s control, e.g., general labor dispute, inability to obtain materials, supplies or products, supply chain delays, pandemic, epidemic, acts of war, fire, lightning, terrorist attacks, governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, the Company shall inform you accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both you and the Company are entitled to terminate the purchase with immediate effect.

10. DISCLAIMER OF WARRANTIES

10.1

THE USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND ANY MATERIALS DOWNLOADED, INFORMATION PROVIDED OR OBTAINED THROUGH THE USE OF THE WEBSITE, AND THE PRODUCTS OR SERVICES PURCHASED OR RECEIVED FROM THE COMPANY ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR AND WAIVE ANY AND ALL CLAIMS WITH RESPECT TO ANY DAMAGE TO YOUR PERSON, COMPUTER SYSTEM, EQUIPMENT, INTERNET ACCESS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIALS, INFORMATION, PRODUCTS OR SERVICES. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION AS TO THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO THE COMPANY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, The materials, products, SERVICES, CONTENT and information on thE WEBSITE are presented without express or implied warranties of any kind and are provided on an ‘as is’ as-available basis WITHOUT ANY WARRANTY OF ANY KIND. It is YOUR responsibility to evaluate the accuracy, completeness, and usefulness of THE information/PRODUCTS/SERVICES provided.

10.2

THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO (I) THE WEBSITE, (II) THE INFORMATION CONTAINED HEREIN, AND (III) ANY PRODUCTS OR SERVICES OFFERED ON THE WEBSITE BY THE COMPANY OR ANY THIRD-PARTY EXCEPT AS EXPRESSLY SET FORTH HEREIN. SUCH WARRANTIES DISCLAIMED BY THE COMPANY INCLUDE, BUT ARE NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUALITY, EFFECTIVENESS, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. ADDITIONALLY, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME, UNINTERRUPTED ACCESS, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, CONNECTIVITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION. FURTHER, COMPANY DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE, INCLUDING PERSONAL INFORMATION, OR OTHER INFORMATION PROVIDED BY YOU, WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED. NO PRODUCTS (INCLUDING THIRD-PARTY PRODUCTS), SERVICES, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH OR LINKED TO OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED.

10.3

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, IN CERTAIN CIRCUMSTANCES THE LIMITATION OF LIABILITY AND DISCLAIMERS MAY NOT APPLY TO YOU.

10.4

THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO ANY PRODUCTS OR SERVICES, INCLUDING THIRD-PARTY PRODUCTS, THAT YOU MAY PURCHASE OR RECEIVE. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH PRODUCTS. SUCH PRODUCTS MUST BE USED FOR ITS INTENDED PURPOSES.

10.5

THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

10.6

THE COMPANY MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS, INACCURACIES OR TYPOGRAPHICAL ERRORS.

10.7

Notwithstanding the foregoing, some of the Company’s products may be subject to warranties. Information about any warranty period and special conditions for warranties for each product respectively, is set forth on the Website or in these Terms and Conditions. Warranties for products will only cover original manufacturing defects and accordingly not any fault arising upon or after any individual changes of the product’s function and appearance, e.g., rebuilding, upgrading or other configuration of the product. Your order confirmation constitutes the certificate of warranty.

10.8

The right to file a complaint apply to products which are defective according to applicable consumer protection legislation. Anyone who wishes to assert their right to file a complaint for any product ordered shall contact the Company, as soon as possible after the defect was discovered, using the contact information set forth on the Website.

10.9

The Company will carry the cost for the return freight for any approved complaints.

10.10

Once a product, for which a complaint has been filed, is returned and the complaint approved, the Company will refund you in compliance with applicable consumer protection legislation. the Company strives to do so within 30 business days from receipt of the complaint by the Company, but it may be delayed depending on the nature of the product. the Company reserves the right to refuse any complaint if the product, in compliance with applicable consumer protection legislation, proves not to be defective. Upon complaints the Company complies with the guidelines provided by the National Board for Consumer Complaints or the corresponding authorities in other countries.

11. LIMITATION OF LIABILITY

11.1

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, PRODUCTS, SERVICES, THE INTERNET GENERALLY, AND THE INFORMATION AND MATERIALS YOU ACCESS AND FOR YOUR CONDUCT ON AND OFF THE WEBSITE. SPECIFICALLY, YOU AGREE TO RELEASE THE COMPANY AND ITS MEMBERS, OWNERS, EMPLOYEES, REPRESENTATIVES, INSURERS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND/OR AGENTS AS FOLLOWS: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL THE COMPANY AND ITS MEMBERS, OWNERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, INSURERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND/OR AGENTS, BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, PROPERTY DAMAGE, BODILY HARM, INJURY, OR DEATH, GOODWILL OR DAMAGES RESULTING FROM LOSS OF DATA, OR BUSINESS INTERRUPTION RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE PRODUCTS OR SERVICES OFFERED OR PROVIDED BY THE COMPANY OR ANY THIRD-PARTY THROUGH THE WEBSITE, OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DETRIMENTAL RELIANCE THAT YOU MAY PLACE UPON THE WEBSITE OR ITS CONTENTS, OR THE PRODUCTS OR SERVICES OFFERED ON THE WEBSITE OR PROVIDED BY THE COMPANY AND/OR ANY THIRD-PARTY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE, PRODUCT AND/OR THE WEBSITE IS TO STOP USING THE WEBSITE, SERVICE, AND/OR PRODUCT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES GREATER THAN THE AMOUNT OF MONEY, IF ANY, THAT YOU PAID TO COMPANY FOR A PARTICULAR PRODUCT OR SERVICE.

11.2

DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT THE COMPANY WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU.

12. California Residents

12.1

If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

13. SMS Service

You may now or in the future register to receive communications via short message service ("SMS Service"). Participation in the SMS Service is not necessary to use the Website. By registering to participate in the SMS Service, you certify that you are authorized: (i) to enroll the designated mobile phone number in the SMS Service, and (ii) to incur any mobile message or data charges that may be incurred by participating in the SMS Service.

13.1

You may subscribe to the SMS Service by entering and submitting your mobile phone number and full name in the provided submission form available on our Website. By entering this information and completing the submission form, you consent to the Company and other third parties contacting you on your mobile phone for marketing purposes.

13.2

By subscribing to the SMS Service, you expressly consent and agree to accept and receive communications via text message to your mobile device and to the cellular/mobile telephone number(s) that you provided to the Company. The information in any message may be subject to certain time lags and/or delays.

13.3

You can text STOP to stop receiving text messages from us and HELP to receive help. You consent that following such a request to unsubscribe, you may receive one final message confirming that you have unsubscribed.

13.4

By participating in the SMS Service, you approve any such charges from your mobile carrier. Check your carrier's plan for details. You acknowledge and agree that you are solely responsible and liable for obtaining, maintaining, and paying all charges related to your mobile device(s).

13.5

The Company is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider or otherwise.

13.6

You acknowledge and agree that the SMS Service may be provided in some cases through automatic telephone dialing technology, an artificial voice or a pre-recorded voice. By providing the Company with your phone number, you expressly consent to receive the SMS Service through automatic dialing technology, artificial and pre-recorded voice. You agree to receive notifications from the Company, its representatives, employees, and agents, through any means authorized under these Terms and Conditions, the Privacy Policy, and any other published policy of the Company, including phone calls and text messages that use automatic telephone dialing technology, artificial voice or pre-recorded voice or live person.

13.7

The Company reserves the right, in its sole discretion, to cancel or suspend any or all of the SMS Service, in whole or in part, for any reason, with or without notice to you.

14. Entire Agreement/Reservation of Rights

14.1

These Terms and Conditions, the Privacy Policy and any other published policy of the Company, which are incorporated herein by reference, represent the entire Terms and Conditions between you and the Company with respect to the use of the Website, and supersede all prior communications and proposals, whether electronic, oral, or written between you and the Company with respect to the Website, products or services, or use and/or disclosure of Personal Information. Any rights not expressly granted herein are reserved. Any attempt to alter, supplement or amend these Terms and Conditions is null and void, unless otherwise agreed to in writing by you and the Company

15. Downtime; Service Suspensions; Termination

15.1

Your access to and use of the Website may be suspended for the duration of any anticipated, unanticipated, scheduled or unscheduled downtime, maintenance, system updates, malfunction,  or other unavailability of any portion or all of the Website for any reason, including as a result of power outages, system failures, or other interruptions.

15.2

The Company shall be entitled, without any liability to you, to suspend access to any portion or all of the Website at any time, on a system-wide basis: (a) for scheduled downtime to permit the Company to conduct maintenance or make modifications to the Website; (b) in the event of a denial of service attack or other attack on the Website or other event that the Company determines, in the Company’s sole discretion, may create a risk to the Website if the Website is not suspended; or (c) in the event that the Company determines that the Website is prohibited by law, or the Company otherwise determines that it is necessary or prudent to do so for legal or regulatory reasons.

15.3

You further agree that the Company reserves the right to terminate your access to any part of the Website for any reason in the Company’s sole discretion, at any time, without notice. The Company also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website with or without notice. You acknowledge and agree that the Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.

16. Indemnification

16.1

You agree to defend, indemnify, and hold harmless the Company and its members, managers, owners, parents, subsidiaries, affiliates, representatives, insurers, sponsors, partners, successors, assigns, employees and agents from and against any third party claims, liability, contributions, compensation, damages, judgments, losses, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Website, Company IP, User Content, or other material, your purchase of products or services, or your breach of the Terms and Conditions, the Privacy Policy, or any other published policy of the Company.

 

17. Governing Law; Waiver; Severability; Costs of Enforcement

17.1

This Agreement is governed by the internal substantive laws of the State of New York, USA, without respect to its conflict of laws principles. All disputes shall be resolved with the Company’s customer service team. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively within the Courts situated in New York, New York, USA or the courts of Sweden, and you consent to the exclusive jurisdiction and venue of these Courts to enforce the terms of this Agreement. You expressly waive the right to transfer any action filed therein. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of the Terms and Conditions, which shall remain in full force and effect. All provisions of these Terms and Conditions shall survive termination except those granting access or use to the Website, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by the Company in a particular "Legal Notice," or material on particular web pages of the Website, these Terms and Conditions, the Company’s Privacy Policy, and other published policy by the Company constitute the entire agreement between you and the Company. In the event of any legal action arising hereunder or between you and the Company, and the Company is the prevailing party, the Company shall be entitled to recover all costs and expenses including but not limited to reasonable attorneys' fees incurred in enforcing, attempting to enforce, or defending any of the Terms and Conditions, including costs incurred prior to commencement of legal action and in any appeal.

18. Rights You Agree To Give Up

18.1

If either you or we choose to litigate any claim, then you and we agree to waive the following rights: RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST THE COMPANY WHETHER IN COURT OR IN ARBITRATION.

18.2

If you have any questions about these Terms and Conditions, please write to us at: Desenio Group Inc, 150 North Michigan Avenue, Suite 1950, Chicago, IL 60601

- or -
[email protected]

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