Terms & Conditions, Privacy policy - ChimeraTool

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Terms & Conditions, Privacy policy

GENERAL TERMS AND CONDITIONS

 

These General Terms and Conditions (hereinafter: Terms and Conditions, or GTC) regulate usage of the following website: https://chimeratool.com (hereinafter referred to as: Website) as well as any consumer contracts signed between its users (hereinafter referred to as “Users”) and Euro-Server Sro. in its capacity as vendor (hereinafter referred to as: “Euro-Server”) – a corporate entity with ICO identifier 35 924 195, offices registered in 929 01 Dunajská Streda, Športová 1260/51, (hereinafter referred to as  “Company”) , unless otherwise dictated by a separate agreement.

Euro-Server requests that its Users review these Terms and Conditions, as they regulate the contracts between the Users and Euro-Server, and define the rights and responsibilities arising from said contracts. If the User does not agree with these Terms and Conditions, Euro-Server requests the User refrain from using the Website. By registering on the Website or ordering any product or service, the User immediately acknowledges and expressly accepts the provisions contained in these Terms and Conditions.

For any questions or issues arising in connection with these Terms and Conditions, Users may contact Euro-Server Customer Support, using the following link: https://chimeratool.com/en/contact

 

GLOSSARY

The following definitions shall be used both with regards to these Terms and Conditions and in connection with all other Euro-Server regulations, specifically including the Policy on Exercising the Right of Withdrawal, (https://chimeratool.com/en/info/refund-policy) and the Privacy Policy.

User: A User is considered to be any natural or legal person or business entity without legal personality who opens, views, registers or places an order on the Website. The terms “customer”, “client”, and “consumer” are used as synonyms for User. The created account can not be resold.

Website: The term is understood to be inclusive of all Euro-Server websites, specifically including https://chimeratool.com. The terms “webpage”, “page”, “site” and “homepage” are used as synonyms for Website. The Website includes all apps available on desktop computers, tablet PCs, mobile phones, and other computing and electronic devices allowing access to Euro-Server sites.

Discount Code: Discount Codes are understood to mean any alphanumerical codes defined by and accessible through the chimeratool.com Euro-Server Website, that can be used to obtain a discount on the price of orders or products, the discount in questions being expressed either as a percentage or a sum. Other terms for Discount Code include “coupon code” and “voucher code”.

PROVISIONS

  1. Agreement

By using the Website, the User acknowledges and explicitly accepts the Euro-Server Terms and Conditions and all associated regulations (specifically including the Policy on Exercising the Right of Withdrawal https://chimeratool.com/en/info/refund-policy), and the Privacy Policy ) and expressly agrees that Euro-Server may make the User’s data (including the most up-to-date data available) available to third parties, and may likewise obtain such data from third parties; including (but not limited to) PayPal user accounts, credit or debit card details, details of financial transactions effected through PayPal, credit or debit cards, and furthermore, any and all data necessary for identifying the User, verifying the validity of the User’s credit or debit card, and identifying the credit or debit cards through singular transactions.

The primary communication language of the Website is English. In case of any discrepancies between the various language versions, the English language version shall be considered valid.

  1. Changes

Euro - Server reserves the right to:

2.1. occasionally modify the Terms and Conditions, while always publishing any such modifications on the Website in a timely manner. The User is responsible for using the Website to track any such changes. Any changes will only come in effect after being previously announced on the Website. If the User does not wish to accept the new Terms and Conditions, we ask them to please refrain from using the Website any further. By continuing to use the Website after the new Terms and Conditions enter into force, the User shall be considered to have tacitly accepted the new Terms and Conditions as binding;

2.2. temporarily or permanently modify or delete the Website, in whole or in part, without requiring any prior notification for or consent from the Users. Euro-Server shall not be responsible for any resulting damages;

2.3. Rescind any password or identifying code provided by the Website or selected by the User, if it believes that the use or use thereof fails to comply with any provision of the General Terms and Conditions.

 

  1. Registration

By registering on the Website, the User acknowledges that:

3.1 they are entitled to sign a contract with Euro-Server (possessing unimpaired capacity and discretion);

3.2. they are aged 18 or over (or have reached the age of majority);

3.3. All personal data entered during registration or contracting (placing orders) are true, up-to-date, complete and correct in all respects, and are in fact the User’s data, not data belonging to a third party;

3.4. The use of software sold by Euro-Server is not prohibited and is not punishable by law in the country where the User’s offices, sites or residences are located.

In case of any changes in the User’s personal data, please contact Euro-Server Customer Support via the messaging centre or the telephone number listed below (please note that your telephone call may incur extra charges, as our Customer Service and support numbers are located in the UK and/or Slovakia).

Tel: +42 12 3352 7665

  1. Privacy Policy

Euro - Server acknowledges that all personal data of Users is confidential and may only be used in accordance with the Privacy Policy. By using the Website, the User consents to the use of their data, and declares that the information provided is true and valid.

If the User uses the Website to make a purchase, they must provide their personal information in order to identify themselves, specifically including their full name, email address, billing address, shipping address, payment details for their PayPal account, credit or debit card details, or any other payment related information. We declare that this data shall be archived in accordance with the Privacy Act .

  1. Protecting users' security

To ensure that your credit or debit card information is not used without your consent, Euro-Server reserves the right to review or have appropriate third parties review the User 's name, address, and other personal data provided at the time of the order.

Euro-Server places great emphasis on preventing Internet fraud. Due to global trends showing increases in PayPal account-related , credit or debit card fraud, Euro-Server specifically seeks to ensure that all orders undergo adequate verification on the basis of the information provided. In view of the above, to protect the security of its users, Euro-Server may opt to contact the Users and request their cooperation during the above verification process. Euro-Server will immediately contact the competent authorities for any transaction where a potential risk of fraud is detected.

By accepting these Terms and Conditions, Users also expressly accept this data verification. During the data verification, the competent authorities may choose to store the provided personal information and any results of the data verification process. Euro-Server assures its Users that this process is used solely for the purpose of verifying a user’s identity. It involves no credit reviews or assignment of credit ratings. All data made available to Euro-Server will be securely handled, in accordance with the Slovakian Privacy Act.

  1. Legal compliance

The Website may only be used in compliance with the laws and regulations in effect, and only for the purposes permitted by law. By using the Website, the User expressly accedes to all legal requirements.  Specifically, this includes agreeing that:

6.1. the User shall not upload or transmit any viruses, Trojans, computer worms, logic bombs or other devices capable of preventing, interrupting, crashing or interfering with the smooth functioning of computers and websites to the Website;

6.2. The User shall not upload or transmit any potentially libelous or slanderous content to the Website, or any content containing obscene expressions, or carrying the meaning of such; furthermore

6.3. The User shall not attempt unauthorized access or entry to the Website or Euro-Server’s servers, nor shall the User attempt to access server or other IT systems data stored on the Website. The Website may not be subjected to any type of information technology-related attack, specifically including denial of service or DDoS attacks.

Ignoring this warning shall result in legal consequences. Note that the activities described above constitute criminal offenses under the provisions of the Criminal Code currently in force.  On suspicion of a violation of the Criminal Code, Euro-Server shall immediately take any and all necessary legal action, and shall cooperate closely with the competent authorities in order to identify the suspect and any unlawful acts committed. On suspicion of such a violation, the suspected User is immediately barred from accessing the Website.

Euro-Server shall not be liable for damage or loss caused by a DDoS attack, any computer virus or other harmful technical content capable of interfering with the functioning of their computers, their hardware or software, or any other data contained thereon which were entered as a result of using the Website, uploading or downloading data onto the Website, placing a link, or writing an opinion.

  1. Links from third parties

As a service to our users, the Website may contain links or content that are not subject to Euro-Server control. ChimeraTool wishes to draw your attention to the fact that it does not take any responsibility for these links, websites, or content, as they are outside its control or competence. ChimeraTool also assumes no responsibility for any perceived or actual damages, losses or infringements caused by the privacy policies or data content of these websites, or that may occur as a result of interacting with external websites or with the advertisements, banners, products and services thereon.

  1. Orders

All orders are subject to availability and approval. If the ordered product proves to not be available, Euro-Server with notify the Customer through email (or an alternate method of communication, if the e-mail address is not available or was transmitted erroneously). The Customer shall thereby have the option to wait for the product’s availability in the future, or to rescind their order.

All orders for products or services are considered to be offers. Euro-Server reserves the right to occasionally reject any such offers. Confirmation that an order has been placed - which is automatically transmitted to our customers upon registration in the system -  shall not be construed as acceptance of the offer with regards to the products and services available on the Website. The contract between the User and Euro-Server is considered signed when:

8.1. the credit or debit card or PayPal account has been charged for the purchase price; or

8.2. the order has been sent to the User, provision of the service has commenced;

8.3. or if the conditions listed in Sections 8.1. And 8.2. are all simultaneously met, the contract can be considered to be signed when the later condition was fulfilled and when Euro-Server sends the User a confirmation of the order having been received (hereafter referred to as the order receipt confirmation) via email (which also serves as verification that the contract has been signed.)

The contract is only applicable to the products or services listed on the order receipt confirmation. Euro-Server cannot be required to deliver products or services that were included in the order but were not included in the order receipt confirmation.

Euro - Server will take every possible action to ensure that your order information and any payment details are kept secure throughout the entire time while said information is in Euro-Server’s sole custody. In the absence of negligent data handling on the part of Euro-Server, the company shall not be liable for any loss or damage suffered by the User if a third party has obtained unauthorized access to data that was transferred by the User to the Website when logging in, or while placing an order.

Euro-Server does not consent to the resale of the products on the Site, or to any Customer sharing accounts.  Furthermore, Euro-Server reserves the right to cancel any orders or to suspend access to a user account and to the Site, on suspicion of unauthorized resale.

If the order arrives at the delivery address provided by the User, the User assumes responsibility for said order. Euro-Server is not responsible for the delivery of orders where the customer has entered an incorrect, inaccurate delivery address or if handover of the delivery was not possible at the address given.

  1. Right of Withdrawal

For consumer contracts, the Right of Withdrawal may be exercised within 14 days of receipt of the order or within 14 days of the commencement of the service. The Right of Withdrawal does not hold if products intended for consumption have been unpackaged (this policy does not apply to products damaged during transport).

If the Customer wishes to exercise his Right of Withdrawal within the deadline provided, we recommend that they peruse the Policy on Exercising the Right of Withdrawal (https://chimeratool.com/en/info/refund-policy), and contact Customer Service.

  1. Prices and Payment

The prices listed on the Website are based on the current VAT rate. However, Euro-Server reserves the right to modify any and all prices without providing any prior notice to the Users (subject, however, to the right of the User to have the prices indicated on the order confirmation page function as  an unalterable purchase price for the order).

If the specified shipping address is outside China, additional costs, fees, taxes, duties, or charges (including possibly VAT) may apply. These are determined by the nation where the shipping address is located, apply to entering the country in question, and are not included in the prices stated on the Website. Any such additional fees shall be borne by the User. Euro - Server draws the User's attention to the fact that any such fees may differ from country to country, and recommends that the User contact the competent tax authorities for the given country with any related questions.

Any credit or debit card capable of online transactions (and including a CVC/CV2 code) can be used for making payments on the Website. PayPal can also be used.  The purchase price of the order shall be locked on transmission of the order, before any services are rendered.

In the event that our prices may be display incorrectly on checkout or on any other part of the Website, and if this discrepancy is detected before  or on the other site of the Website and are perceived before the products are sent or the services commence, we reserve the right to take action in accordance with Sections 8 and 9 of these Terms and Conditions, in light of the fact that Euro-Server cannot be required to send any of the products or commence the service at the incorrect price. While Euro-Server takes particular care to ensure that the prices on the website are always accurate, occasional mistakes may occur. If Euro-Server detects any errors in the prices of the ordered products or services, they shall contact the customer, who may then choose either to keep their order at the revised price, or to withdraw the order entirely. If the order is withdrawn (and has not yet been sent for delivery) but has already been paid, the full purchase price shall be refunded.

The Users are responsible for verifying that they are indeed the ones with access to the credit or debit card or PayPal account used. All credit or debit card users must accept that the validity of the payment method (credit or debit card) and the User’s authorization shall be inspected by the issuer of said payment method. Our Company is not responsible for any non-delivery or delays in delivery if the cause is that verification of the credit or debit card was rejected by the issuer, for whatever reason.

  1. Protection of property rights

The contents of the Website are subject to copyright, trademark protection, data protection and other intellectual property rights. Use or reproduction of its contents or trademarks are prohibited. The Users acknowledge that their access to the Website will not result in any infringement of the above rights.

The User is entitled to display and view the contents of the Website on a computer or on an equivalent electronic device (mobile phone, tablet, etc.), store the contents in electronic form (but is not authorized to establish a network connection to any server or other data storage device) or to print the contents for personal, non-commercial use, while continuing to respect all copyright and property rights provisions. Reproduction, modification, copying, sharing, or use of the Site or its contents for commercial purposes is prohibited.
 

  1. Limitation of liability

12.1 The supply of goods

12.1.1. Subject to Section 14 of these Terms and Conditions, should Euro-Server not comply with the provisions of this GTC, its liability is limited to the damages or losses suffered by the User as a direct consequence of non-performance (assuming that it resulted from a contractual agreement, a privately undertaken action - including negligence - or violating a general requirement) and which are foreseeable consequences of non-compliance with the GTC.

12.1.2. None of the provisions of this GTC shall exempt Euro-Server from liability for:

i) death or personal injury caused by negligence;

ii) fraud or attempted fraud, damages caused by deception;

iii) providing defective good, as per Act CLV of 1997 on Consumer Protection;

iv) intentional breach of these Terms and Conditions, as a result of which the User is entitled to terminate the Contract; or

v) any other unlawful conduct for which limitation of liability or an attempt at such is proscribed by law.

 

12.2. Using the Website

Euro-Server shall not assume any implied or express responsibility for the contents of the Website, its use, or any inconvenience arising in the course of or in conjunction with its use. All Users acknowledge that Euro-Server shall not assume any responsibility for the security of the Website, of any personal information contained therein, or of any other information provided by Users. Users understand and accept the potential risks of using the Internet.

Euro-Server will do its utmost to ensure that use of the Website and its contents remain safe, thereby preserving its reputation and its excellent quality, but it cannot accept any responsibility for any errors or omissions on the Website, for the Website’s temporary inaccessibility, for the consequences of using information provided on the Website, or for any other technical issues encountered by the User while using the Website. Euro Server shall correct any inaccuracies are found in the content of the Website, within a reasonable timeframe.

Euro-Server specifically excludes liability for:

12.2.1. The User using the contents of the Website, the services provided by Euro-Server, or the software itself in bad faith or contrary to their intended purpose, or using said contents to commits a criminal offense, either intentionally or through negligence, or deliberately or negligently damaging a third party;

12.2.2. any incompatibilities arising between the Website and the Users' computing devices, mobile devices, tablets, or other devices capable of accessing the Website;

12.2.3. technical problems, including the Website malfunctioning or becoming temporarily inaccessible;

12.2.4. the inaccuracy, unreliability or unusability of the Website for any given purpose;

12.2.5. the Website not conforming to the User's wishes.

In accordance with the pertinent laws and regulations, Euro-Server shall not be liable to Users or any third parties for any damages arising from or in conjunction with the use of the Website, or for damages arising incidentally to its use (without limitation with respect to both conditions, and including: damages, lost profits, loss of business, loss of anticipated savings, wasted expenses, breach of privacy, data breach) or for any other indirect, special or criminal damages, or for any other damages potentially or actually resulting from the use of the Website.

  1. Severability

If any provisions within these Terms and Conditions proves to be illegal, void, or unenforceable for any reason whatsoever, the provision in questions shall be deemed revoked without affecting the validity and enforceability of any other provision or that of the Terms and Conditions as a whole.

  1. Enforcement

Lack of enforcement in response any infringement of rights shall not constitute a waiver and shall not imply the lack of enforcement or legal consequences for any further infringements.

  1. Personal scope

The contractual terms and conditions set forth in this document shall be in force between Euro-Server and its Users, and shall serve as the contractual basis of orders, sales contracts, user contracts, and licensing agreements between the parties.

  1. Jurisdiction

These Terms and Conditions shall be applied in accordance with the applicable Hungarian material and procedural rules and regulations in force (subject to material and procedural jurisdiction). Any disputes between the parties shall be subject to the jurisdiction of the Central District Court of Buda.

 

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