Terms Of Service
This website, found at, https://mydirtyhobbyshop.com (hereinafter the “Website” or “Site” or “Shop” or “Webshop”) is operated by MG Social Ltd, a company registered and operating under the laws of the Republic of Cyprus and domiciled at Block 1, 195-197, Old Nicosia-Limassol Road, Dali Industrial Zone, 2540, Cyprus (hereinafter “We”, “Us”, “Our” and/or derivatives and/or variants thereof or “MDH Shop” or “MyDirtyHobbyShop”).
By accessing and/or using the Website you represent that you are at least eighteen (18) years of age or the age of majority and/or legal consent in the jurisdiction and/or state and/or province in which you live or reside in.
By visiting Our Site and/or purchasing products made available for purchase herein, you engage in Our service (hereinafter the “Service(s)”), and agree to be bound by the following terms and conditions (hereinafter the “Terms of Service” or “Terms”), including any additional terms and conditions and policies possibly referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including, but not limited to, users who are browsers and/or vendors and/or customers and/or merchants and/or contributors of content.
Please read the Terms of Service carefully before accessing and/or using Our Website. By accessing and/or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions stated herein, then you may not access the Website or use any of its services.
If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features, tools, or information which is added to the Website shall also be subject to the Terms of Service. You may review the current version of the Terms at any time on the current page.
We reserve the right, and in our sole discretion, to revise and/or update and/or change and/or remove and/or otherwise alter any part of the Terms from time to time and it is your responsibility to check the Terms periodically for any such changes. Your continued access to and/or use of the Website and the services and products provided therein, pursuant to such changes to the Terms being implemented, constitutes acceptance of such changes as they may be implemented from time to time.
Our store is hosted by SiteGround Spain S.L. (hereinafter the “Provider”). The Provider provides Us with the online, e-commerce platform that allows Us to sell Our products and services to users.
PROHIBITION OF USE
You agree that you will not use or attempt to use any method, device, software or routine to interfere with the proper functioning of the Website. Specifically, you may not use Our Website and/or Service(s) to, amongst others:
Violate any applicable laws and/or regulations, whether federal, state, national, international or otherwise applicable to the Website and your access thereof.
Disseminate or distribute any information via any means which can be constituted to be illegal, fraudulent, harassing, tortuous, defamatory, obscene, vulgar, libelous, invasive of another’s privacy, or otherwise hateful and/or harmful to minors, or is racially or ethically objectionable.
Impersonate any natural or legal person or persons, or otherwise misrepresent your affiliation to Us and the Website.
Manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information.
Modify, reverse engineer, reverse assemble, decompile, or otherwise hack into any software applications and/or related tools and/or related utilities of the Website.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other, similar malicious software and/or files that may damage the proper functioning of the Website or another user’s property.
Share your password with unauthorized persons or do anything else that might jeopardize the security of your registered profile.
Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express, written permission by Us.
You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of the Terms and other such applicable terms and conditions, and that those persons comply with the Terms.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmission over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over various networks.
You also understand that MyDirtyHobbyShop does not pre-screen the content of Our products as they are found and/or made available on the Website, and it is in Our sole discretion to refuse or remove any products and/or content from the Website, including the Website itself.
A breach or violation of any of the Terms may, in Our sole discretion, result in an immediate termination of your access to the Services in all manners.
The Terms are applicable and should be read in conjunction with the following:
ACCURACY AND COMPLETENESS OF INFORMATION
We are not responsible for any information made available on the Site that is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.
Although We make commercially reasonable efforts to update the information on the Site, We make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.
MODIFICATIONS TO THE SERVICE, PRICES AND “AS AVAILABLE” POLICY
We offer the Site and its Services “as available”, meaning We will make all commercially reasonable efforts to maintain the active and proper functioning status of the Website but make no guarantee that the Website, or any content thereof, will always be available or uninterrupted. We may suspend and/or withdraw and/or restrict the availability of all or any part of the Site for business and operational reasons, for which We will make commercially reasonable efforts to give you notice of.
We may update and/or edit and/or amend the Site and its Terms from time to time and will, entirely in Our discretion, and subsequent to such changes, try to give you reasonable notice of any major changes.
Any price indicated for any product, as made available on the Website, is subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content or product thereof) at any time and without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
In their sole discretion, the Provider reserves the right to modify and/or terminate any products or other such content from the Site, including the Site itself for any reason, without notice, and at any time, and may refuse to provide access to the Site to any legal or natural person or persons for any reason, and at any time.
AVAILABILITY AND ACCURACY OF PRODUCTS AND/OR SERVICES
Certain products or services may be available exclusively online, through the Website. These products or services may have limited quantities and are subject to return or exchange only according to Our Return, Refund and Exchange Policy found here.
We make every commercially reasonable effort to display, as accurately as possible, the colors and images of Our products, as they are featured in the Webshop. However, We cannot guarantee that your device’s monitor or other display of any color will accurately depict the actual color of any products or content offered for sale on the Site.
The packaging of the products may also vary from any images shown on the Website.
With regards to the products, content and services offered for sale on the Site, We reserve the right to limit the quantities of any such products, content or services. We further reserve the right to discontinue any product, content or service at any time.
We make all reasonable attempts that the quality of any products, services, information or other material made available for purchase on the Sites be manufactured to meet reasonable expectations but cannot make any guarantees to that effect. We also do not warrant that any error(s) in the Service will be corrected.
All products and/or services listed on the Website are available, from time to time, for order and subsequent delivery in all countries of the European Union and the United Kingdom.
We retain the intellectual property rights over all products and/or materials and/or content We provide to the Site along with any applicable trademarks, patents, copyrights and trademarks of the Site itself. We also retain the intellectual property rights over business and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use and protect/preserve the confidentiality of, confidential information (including know-how), 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, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We 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 and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that We can complete your transactions and contact you when and if needed.
We may provide you with access to third-party tools, over which We have no control or input over, nor do We monitor.
You acknowledge and agree that We provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional third-party tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such third-party tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to the Terms.
Certain content, products and services available via the Site may include materials from third parties.
Third-party links available from time to time on the Site may direct you to a third-party website that is not affiliated with Us and such links should not be interpreted as approval by Us of those linked websites or any information you may obtain from them.
We are not responsible for examining or evaluating the content or accuracy thereof and We do not warrant nor have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
If you choose, or are provided with a user identification code, password or any other piece of information as part of Our security procedures, you must treat such information as confidential and must never disclose such information to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by Us, at any time if, in our sole judgment, you have failed to comply with any of the provisions of the Terms.
If you know or suspect that anyone other than yourself knows your user identification code or password, you must promptly notify us here.
We shall not be liable or responsible for any failure to perform delivery of any products ordered or other obligations to perform due to events outside our reasonable control (hereinafter “Force Majeure”).
A Force Majeure event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, without limitation, strikes, invasion, terrorist attack, epidemic, pandemic, war, fire, explosion, flood, storm, earthquake and impossibility of the use of transportation such as railways, aircrafts and motor transport.
You agree to indemnify, defend and hold harmless MG Social Ltd and Our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of your breach of the Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
The Terms are effective unless and until terminated by either you or Us. You may terminate the Terms at any time by notifying Us expressly and in writing that you no longer wish to use the Services provided via the Site or by proceeding with deletion of your account, as created and registered for use and/or access to the Site.
In the event of a termination of the Terms, either by you or Us, the obligations and liabilities of either party, as incurred prior to such termination, shall survive the termination until such obligations are satisfied.
If in Our sole judgment you fail, or We suspect that you have failed, to comply with any term or provision of the Terms, we also may proceed with such termination, at any time and without notice, and you will remain liable for all amounts due up to and including the date of such termination. With regards to such termination We may, accordingly, deny you temporary or permanent access to the Site (or any part thereof).
JURISDICTION AND GOVERNING LAW
The Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus, and shall apply alongside any relevant and applicable international private law, the United Nations Convention on Contracts for the International Sale of Goods or any other, relevant and applicable European Union or international legislation pertaining to the regulation of the sale of goods.
No waiver by Us or any breach of any provision of the Terms shall in any way be construed as a waiver of any subsequent breach or such provision or of any breach of any other provision of the Terms.
Failure on our behalf to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.