TERMS AND CONDITIONS
1. General terms
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with https://warmbody-coldmind.com website (the “Service”) operated by Torokhtiy OÜ (“us”, “we”, or “our”), Majaka 26, Tallinn, Estonia 11411.
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
2. Validity of contract of sale, product and price information
The conditions of sale apply to purchases of goods from the Service.
The prices of the products sold on the Service are indicated next to the products. A fee for shipping is added to the price. The shipping cost depends on the location of the purchaser and the shipping method. The shipping cost is displayed when the purchaser places the order.
Product information is provided immediately adjacent to the product in the online store.
3. Placing an order
Add the desired products to your shopping basket to order them. Fill in all of the required fields and choose the most suitable shipping method to complete the order. The total cost is then displayed on the screen.
Please note that the order will not be valid if we cannot confirm the billing and shipping address(es) that you provide. Once you have confirmed your order you will receive an immediate online confirmation on your screen at the end of the checkout, as well as a digital order confirmation via email. This confirmation is a receipt of your order online.
The contract enters into force when the amount payable is transferred to the bank account of the Service.
If we cannot deliver the ordered goods due to stock running out or for any other reason, the purchaser will be informed as soon as possible and the money paid (including the shipping cost) will be refunded promptly, but no later than within 14 days of receiving the notification.
We accepts payments through VISA, Mastercard, and PayPal.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Prices of the Service are provided in the following currencies: USD (US Dollar). All prices are subject to change. The Service cannot be held responsible for any currency changes or currency exchange rates any bank may have when exchanging the currencies we offer online.
5. Shipment (USA and International shipping)
The shipping country is chosen at checkout. All prices, currencies, VAT, delivery times and delivery charges will be adjusted depending on the country you would like your items shipped to. We will dispatch the approved orders within 2-4 days (Monday-Friday) or as quickly as possible and in the order that they have been received. Exceptions to this may occur during releases, inventory management, bank holidays and sale periods when handling may take more time.
Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Delivery times are dependent on the country where goods are shipped to and the choice of freight method. We are not responsible for any delays caused by destination customs clearance processes.
Orders are shipped in the most economical manner unless you purchase expedited shipping. Ground shipping can take 7-10 business days.
We will dispatch the approved orders within 2-4 days (Monday-Friday) or as quickly as possible and in the order that they have been received. Exceptions to this may occur during releases, inventory management, bank holidays and sale periods when handling may take more time.
If a delivery suffers a delay or if the delivery cannot be dispatched or only partially dispatched due to the goods not being in stock or other reasons, the consumer will be informed about this as quickly as possible or at the latest 14 days after the order was placed. In this case, the consumer will be given the option to terminate the agreement, free of charge. We will refund the consumer in full, at the latest within 14 days after termination.
Once your order is shipped you receive a confirmation email with a tracking map.
5.2. Stolen Packages
Our service is not responsible for stolen packages. We will provide tracking information from the carrier we used. It is the responsibility of the customer to provide a safe and correct delivery location. Refunds and site credit will be left to the discretion of the Service.
Shipping times may vary for orders shipped out of the U.S. Please ensure your shipping address is correct we will ship to the address exactly how it was displayed in our system. We will not be responsible for packages once they have left the United States. Delivery will be based on your Postal Service in your respected countries. Not all countries provide tracking information.
Our service is not responsible for orders that are lost in transit and that are not delivered. We will provide proof that the order has been shipped. We will try our best to work with you in these rare circumstances.
All international shipments will ship through USPS. International shipments can take up to 14 business days (excluding holidays). USPS tracking usually stops once the package has left the United States. Packages continue shipping to their destination, but sometimes the status may seem to be "stuck" in one place for a long period of time. For certain locations, the package will be shown as "delivered", but it means it has arrived at the local carrier and should be out for delivery within a day or two. Therefore, please remember about the full 14 business days for international shipping. If your package does not arrive within 14 business days, please email us: firstname.lastname@example.org
Orders to some countries may be subject to VAT, import duties and/or taxes, which are levied once your package reaches your country. Your package is shipped according to Incoterm Delivered Duty Unpaid (DDU). This means that we do not collect VAT, duties and/or taxes on orders and we cannot predict what your particular charges may be. If any such additional charges occur they must be rendered by the customer in order for the package to clear customs. Please contact your local customs office for more information.
6. Pricing, Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
7. Cancellation And Right Of Return
You have the right to cancel your purchases without giving any reason within a period of 30 calendar days after the day of delivery of the goods. The goods have to be undamaged and unused, with any labels or tags intact. Returns that are damaged or soiled, washed, altered or worn (other than to try the item on) may not be accepted and may be sent back to the customer and/or a refund refused. All items returned should include the completed returns note with an order reference number and your contact details. Unidentified returns may not be eligible for a refund.
Upon receiving the returned goods, the Service shall return to the purchaser, immediately but no later than after 14 days, all of the payments received from the purchaser based on the contract.
The Service is responsible for the non-compliance of goods sold to a purchaser with the terms and conditions of the contract or for deficiencies which already existed at the time of delivery and which occur within two years of delivering the goods to the purchaser. Within the first six months of delivery it is assumed that the defect was present at the time of delivery. It is the Service´s responsibility to prove otherwise.
The purchaser has the right to turn to the Service within two months of the occurrence of a defect by e-mailing email@example.com
The Service is not liable for any defects arising after delivering the goods to the purchaser.
If goods bought from us have defects for which the Service is responsible, the Service will repair or replace the defective goods. If the goods cannot be repaired or replaced, the Service shall return to the purchaser all of the payments involved in the contract of sale.
The Service will respond to the consumer´s complaint in written form or in a form that enables written reproduction within 14 days.
8. Contests, Sweepstakes and Promotions
When you create an account on our Service, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
10. Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Torokhtiy OÜ and its licensors. The Service is protected by copyright, trademark, and other laws of both the Estonia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Torokhtiy OÜ.
11. Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Torokhtiy OÜ.
Torokhtiy OÜ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Torokhtiy OÜ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
13. Limitation Of Liability
In no event shall Torokhtiy OÜ, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Torokhtiy OÜ its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
15. Governing Law
These Terms shall be governed and construed in accordance with the laws of Estonia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 14 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
17. Settlement of disputes
All complaints made by a purchaser about the Service must be e-mailed to firstname.lastname@example.org
If the purchaser and the Service are not able to settle the dispute by agreement, the purchaser may contact the Consumer Dispute Committee. You can review the procedural rules and submit a complaint here. The Consumer Dispute Committee is competent to resolve disputes arising from a contract between a purchaser and the online store. Resolution of disputes by the Consumer Dispute Committee is free of charge for the purchaser. A purchaser may also turn to the dispute resolution bodies of the European Union.
18. Contact UsIf you have any questions about these Terms, please contact us: email@example.com