These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the Eupatheia s.p. website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User,” “you,” or “your”) and Eupatheia s.p. (“Eupatheia s.p.,” “we,” “us,” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User,” “you,” or “your” shall refer to such entity. If you do not have such authority or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Eupatheia s.p., even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
- Age Requirement: You must be at least 16 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement, you warrant and represent that you are at least 16 years of age.
- Account Responsibility: 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 start using the 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.
- Fees and Charges: 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. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. 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 Services 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 Services has been modified or updated.
- Links to Other Resources: Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links.” This means if you click on the link and purchase an item, Eupatheia s.p. will receive an affiliate commission. 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 resources. 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 resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
- Prohibited Uses: In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or 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 Website and Services, third-party products and services, 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 Website and Services, third-party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services 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 unregisteredand including all applications and rights to apply for and be granted 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 world. This Agreement does not transfer to you any intellectual property owned by Eupatheia s.p. or third parties, and all rights, titles, and interests in and to such property will remain solely with Eupatheia s.p. All trademarks, service marks, graphics, and logos used in connection with the Website and Services are trademarks or registered trademarks of Eupatheia s.p. or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and 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 of Eupatheia s.p.’s 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 the Website and 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 the 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 unless stated otherwise. 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 Eupatheia s.p., 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 foreseeable, arising out of or in connection with your use, or inability to use, the Website and Services, or any content or materials provided with the Website and Services. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the content contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any liability for any errors or omissions in the content on the Website.
- Governing Law and Jurisdiction: This Agreement and any disputes arising from your use of the Website and Services shall be governed by and construed in accordance with the laws of Bosnia and Herzegovina, specifically Republika Srpska, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this Agreement shall be exclusively broughtin the competent courts of Bosnia and Herzegovina, Republika Srpska.
- Online Payment Security Statement: Our website utilizes the PayPal payment gateway (“Payment Gateway”) to facilitate secure online transactions. By using our website and making payments through the Payment Gateway, you agree to comply with the terms and conditions set forth by PayPal Inc. (“PayPal”). We prioritize the security of your payment information and have implemented industry-standard measures to safeguard your data. When you initiate a transaction through the Payment Gateway, your payment details are encrypted using secure socket layer technology (SSL) and transmitted securely to PayPal for processing. Please note that while we take reasonable steps to protect your information, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security. PayPal maintains its own security protocols and measures to protect your payment information. For detailed information regarding PayPal’s security practices, please refer to PayPal’s Security Center or their applicable terms and conditions. We respect your privacy and handle your personal information in accordance with applicable data protection laws and our Privacy Policy. When you make a payment through the Payment Gateway, PayPal collects and processes your payment information on our behalf. Please review PayPal’s Privacy Policy to understand how they handle your personal data. While we strive to ensure the security and integrity of the Payment Gateway, we cannot be held responsible for any unauthorized access, hacking attempts, or breaches of security that may occur. By using the Payment Gateway, you acknowledge and agree that you assume any associated risks and release us from any liability arising out of such incidents. You agree to use the Payment Gateway in compliance with all applicable laws, regulations, and PayPal’s policies. You shall not engage in any illegal activities, including but not limited to fraud, money laundering, or unauthorized access to PayPal’s systems.
- Personal Data Gathering and Protection Statement: We are committed to providing the service of protecting our customer’s personal data in a way that we collect only essential basic information about our buyers necessary for fulfilling our obligations. We also inform our customers about the way we collect information and regularly give customers the option to decide how their information will be used, including the possibility to decide whether their name should be included or omitted from the lists used for marketing campaigns. All user information is strictly guarded and is available only to the employees who need that information to complete their job responsibilities. All our employees and business partners are responsible for following the principles of confidentiality protection.
- Amendments and Modifications: Eupatheia s.p. reserves the right to modify, amend, or update this Agreement at any time, and such changes will be effective upon posting on the Website. It is your responsibility to review this Agreement periodically for any updates. Your continued use of the Website and Services after any modifications constitutes your acceptance of the revised terms.
Severability If any provision of this Agreement is found to be invalid or unenforceable under applicable law, such provision shall be modified to the extent necessary to make it valid and enforceable while reflecting the original intent of the parties. If such modification is not possible, the unenforceable provision shall be deemed severed from this Agreement, and the remaining provisions shall remain in full force and effect.
Entire Agreement This Agreement constitutes the entire agreement between you and Eupatheia s.p. regarding the use of the Website and Services and supersedes any prior agreements or understandings, whether written or oral.
Contact Information: If you have any questions or inquiries regarding this Agreement or the Services, please contact us at the following email address: info@eupatheia.com.
By accepting this Agreement, you acknowledge that you have read, understood, and agree to be bound by all its terms and conditions. If you do not agree with any part of this Agreement, you must not access or use the Website and Services
Banja Luka, 23.07.2023