Kott Terms and Conditions of Use
Table of Contents
These terms and conditions ("Terms", "Agreement") are an agreement between Uniprod Management SRL ("Uniprod Management SRL", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the kott-online.eu website and any of its products or services (collectively, "Website" or "Services").
Accounts and membership
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for
all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor
and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the
termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.
We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
We do not own any data, information or material ("Content") that you submit on the Website in the course of using the Service. You
shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property
ownership or right to use of all submitted Content. We may monitor and review Content on the Website submitted or created using our Services
by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account
solely as required for the purpose of providing the Services to you.
Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or
charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a
copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used
for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you
place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Accuracy of information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to
promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel
orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have
submitted your order).
We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
Third party services
If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely
by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as
to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your
data) or any interaction between you and the provider of such other services.
You irrevocably waive any claim against Uniprod Management SRL with respect to such other services. Uniprod Management SRL is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Uniprod Management SRL to disclose your data as necessary to facilitate the use or enablement of such other service.
We are not responsible for Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
Links to other websites
Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(i) for any obscene or immoral purpose; or
(j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Intellectual property rights
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to
any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to
inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all
applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or
forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the
This Agreement does not transfer to you any intellectual property owned by Uniprod Management SRL or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Uniprod Management SRL.
All trademarks, service marks, graphics and logos used in connection with the Website or Services, are trademarks or registered trademarks of Uniprod Management SRL or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website or Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any Uniprod Management SRL or third party trademarks.
Disclaimer of warranty
You agree that such Service is provided on an "as is" and "as available" basis and that your use of our Website or
Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited
to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services
will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the
results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the
Service or that defects in the Service will be corrected.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Uniprod Management SRL, its affiliates, directors, officers, employees,
agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages
(including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business
interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without
limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the
possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of Uniprod Management SRL and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Uniprod Management SRL for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Uniprod Management SRL and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Romania without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Romania. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Romania, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will post a notification on the main page of our Website. Continued use of the Website after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.