Terms & Conditions.
General Information about our Terms & Conditions
Effective Date of Current Policy: June 13, 2018
Last Updated Date of Current Policy: June 13, 2018
These PLOTT Terms and Conditions apply to the website and all other online properties (the "Site") operated by PLOTT V.O.F. (“PLOTT”, “we”, or “us”). The use of the Site, including the purchase of any Products (as defined below) is subject to the following terms and conditions (the “Terms”). Please read these Terms carefully. By using this Site, you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms, then you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. If you have any questions about the Terms, please reach out to us at firstname.lastname@example.org.
We provide the Site in order to enable you to browse and purchase PLOTT products (the “Products”).
2. ELECTRONIC COMMUNICATION
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
No part of the Site is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER.
If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.
4. INTELLECTUAL AND OTHER PROPERTY RIGHTS
Images of people, places and/or products posted on this Site, as well as certain Products or elements of Products sold on this Site, are either the property of PLOTT or its licensors. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, designs of non-useful articles, decorative Products soled through the Site, video clips and written and other materials (collectively, with “Marks” and “Patents” (as defined below), “PLOTT Content”), is the property of PLOTT or its licensors, partners or affiliates and is protected by Dutch law. The compilation of this Site is the exclusive property of PLOTT and is protected by Dutch intellectual property laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please reach us at email@example.com.
5. TRADEMARKS & PATENTS
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site, including without limitation any distinctive shapes or presentation of Products, are proprietary to PLOTT, or the other respective owners of such Marks. Please be advised that, in some cases, Products you buy may contain designs patented by PLOTT or its licensors (the “Patents”). You may not display or reproduce the Marks or the Patents in any manner without the prior written consent of PLOTT, and you may not remove or otherwise modify in any manner any trademark or patent notices from any content offered or received through the Site.
6. LIMITED LICENSE AND SITE ACCESS
We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
7. FEES AND PAYMENTS; ORDER PROCESSING
The price for Products available for purchase through the Site will be displayed to you on the Site. The prices displayed do not include taxes. On all orders, any applicable taxes will be communicated to you before you place an order.
The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard and American Express, as detailed on the applicable payment screen.
When you place an order on the Site, verification of information may be required prior to the acceptance of the order. Prices and availability of products on the Sites are subject to change. PLOTT reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). PLOTT reserves the right, at its sole discretion, to refuse or cancel any order for any reason.
When you place an order for Products through the Site, the Products will be shipped to the address you designate as the “Shipping Address” during the check-out process.
All items come with FREE international shipping globally across the service of UPS!
It is hard to estimate when your order will be delivered because that is mainly depending on your location for delivery. But tracking information is provided at time of shipment. So you will receive an email with a link to your tracking number when your order ships.
Please note that all customers are responsible for any taxes, duties or fees associated with their shipment. Additional charges are the responsibility of the recipient because we have no control over these government-imposed charges and cannot determine what they may be. Customs policies vary greatly among countries. We suggest contacting your local customs office for local requirements and information.
All prices are listed in EUR. We recommend checking the current exchange rate to get the best idea of what you will be charged.
To avoid a delay in receiving your order from customs, consider the following:
Provide us with a phone number where you can be reached by customs when your product arrives. This phone number will be listed on the commercial invoice so customs can reach you to clear your order. Please do not refuse a shipment or ignore requests from carriers regarding duty and/or tax liability charges. Be aware that most carriers will hold a shipment for 5 days after arrival in your country before they return it to the sender. We do not refund original shipping charges for goods that are refused for delivery at customs.
If you have not received your order within the time frame above, please reach us at firstname.lastname@example.org.
Refunds and returns; warranty; defects; proper use
If you believe you have received a defective product, please reach us at email@example.com. We are happy to exchange your Product for a new one if you let us know of the defect within thirty (30) days of receiving it.
Notwithstanding the foregoing, PLOTT disclaims all liability or injury arising from or in connection with: (a) a Product’s failure due to any defect or malfunction that is caused as a result of a Product’s misuse, (b) your failure to follow operating instructions (c) use of a Product with improper or faulty equipment, (d) negligence in connection with your use of a Product, (e) wear-and-tear from use of the Product over time, or (f) any device or element of a Product made by anyone other than PLOTT.
Due to the custom nature of our manufacturing process we are not able to offer returns. If you want to return your item due to a material defect, please reach us at firstname.lastname@example.org and we will assist you.
8. USE OF THE SITE
You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
- frame or link to the Site without permission; use data mining, robots, or other data gathering devices on or through the Site; post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person or harass, abuse, or post objectionable material;
- sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;
- post advertising or marketing links or content, except as specifically allowed by these Terms;
- use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to PLOTT or others;
- copy, or sell copies of, designs of Products sold on the Site; or
- access the Site from a jurisdiction where it is illegal or unauthorized.
9. DISCLAIMER OF SITE CONTENT
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release PLOTT of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes. Use caution and common sense when using the Site.
We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Site at your own risk.
We make no promises and disclaim all liability of specific results from the use of the Site.
Released Parties Defined
“Released Parties” include PLOTT and its affiliates, officers, employees, agents, partners, and licensors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
10. LIMITATION ON LIABILITY
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PLOTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF PLOTT CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PRODUCT THAT GIVES RISE TO LIABILITY.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any PLOTT Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
11. DISPUTE RESOLUTION
These Terms and the relationship between you and PLOTT are governed by Dutch law. The parties will first attempt to settle any dispute that arises in consultation. Unless the parties have expressly agreed in writing on arbitration, the court that has jurisdiction by law or the court in the district in which PLOTT has its registered office has jurisdiction to hear and decide on any disputes between you and PLOTT.
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.
13. WE RESERVE THE RIGHT TO UPDATE AND REVISE THESE TERMS AT ANY TIME
From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page; provided, however, that we will endeavor to provide you with prior notice of any material changes. Your use of our website constitutes your acceptance of the terms of these Terms as amended or revised by us from time to time, and you should therefore review these Terms regularly to ensure that you are aware of its terms.
Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.
16. ENTIRE AGREEMENT
These Terms constitute the entire agreement between the user and PLOTT with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.