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Date Last Modified: 17 August 2023

1. OVERVIEW

1.1 This website, found at, https://mydirtyhobbyshop.com (hereinafter the “Website” or “Site” or “Shop” or “Webshop”) is operated by Aylo 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 the “Operator”).

1.2 These Terms of Service (hereinafter the “Terms”) constitute an agreement between you, a user (hereinafter “you”), and the Operator. Please read these Terms, as well as any and all other applicable terms & conditions carefully, as these govern your access and/or use of the Site.

1.3 By accessing and/or using the Website in any capacity, 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.

1.4 By visiting the Site and/or purchasing products available for purchase here, you are using our services and agree to be bound by the following terms of service (hereinafter the “Terms”), including any additional terms and conditions and policies that may be referenced and/or linked herein. These Terms apply to all users of the Site, including without limitation users who are browsers and/or providers and/or customers and/or merchants and/or content providers.

1.5 Insofar as these Terms are deemed to be an offer, acceptance shall be expressly limited to these Terms.

1.6 This Site is hosted by SiteGround Spain S.L. (hereinafter the “Provider”). The Provider provides us with the online, e-commerce platform that allows us to provide our Services to you.

1.7 Any new goods, features, support, or other services we may provide through the Site in future (including the release or provision of access to any new, non-third-party tools and resources) are also subject to these Terms. Your continued use of or access to the Website and the services and products provided therein will mean that you accept the relevant changes as may be made from time to time.

2. PROHIBITION OF USE

2.1 You agree that you will not use, nor 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 any goods and/or services offered therein (collectively the “Services”) to, amongst others:

2.1.1 Violate any applicable laws and/or regulations, whether federal, state, national, international, or otherwise applicable to the Website and your access and use thereof.

2.1.2 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.

2.1.3 Impersonate any natural or legal person or persons, or otherwise misrepresent (whether fraudulently or not) yourself to us, or your affiliation to us and/or the Website.

2.1.4 Manipulate, forge, or otherwise modify information and/or identifiers in a manner which may hide or disguise the origin of any information you provide.

2.1.5 Modify, reverse engineer, reverse assemble, decompile, or otherwise hack into any software applications and/or related tools and/or related utilities of the Site.

2.1.6 Share your password with any third parties or do anything else that might jeopardize the security of your profile as a user.

2.1.7 Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services and/or Website in general, your use of those Services, or access to the Services themselves, or any contact on the Website through which such Services are provided, without express, prior, written permission by us.

2.2 Furthermore, you are responsible for ensuring that all persons who access the Site through your internet connection are aware of and have agreed to and will comply with these Terms, as well as any other applicable terms & conditions.

3. GENERAL CONDITIONS

3.1 You understand that any information (excluding credit/debit card information) you provide may be transferred in an unencrypted manner and may further be subject to (a) transmission over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For clarification, credit/debit card information is always encrypted during such transfers.

3.2 You also understand that we do not pre-screen the contents of goods 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.

3.3 Any breach or violation of any of these Terms may, in our sole and final discretion, result in your immediate removal or termination of further access to the Site and all its Services.

3.4 The Terms are applicable with, and should be read in conjunction to:

3.4.1 The Site’s Privacy Policy.

3.4.2 The Site’s Return, Refund & Exchange Policy.

4. ACCURACY AND COMPLETENESS OF INFORMATION

4.1 We are not responsible for any information made available on the Site that is not accurate, complete, or current. Any information 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 information found on the Site is at your own risk.

4.2 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.

5. MODIFICATIONS TO THE SERVICE, PRICES AND “AS AVAILABLE” POLICY

5.1 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 any or no reason.

5.2 We may update, amend, or otherwise edit the Site, its Terms, and its Services from time to time, including any price indicated for any goods or services, as made available on the Site from time to time.

5.3 We reserve the right to modify or discontinue any Service (or any part thereof) at any time, and without prior warning to you.

5.4 We shall not be liable to you, or any third party, for any modification, price change, suspension, or discontinuance of any Service.

6. PROVIDER’S RIGHTS

6.1 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 or no 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 or no reason, and at any time.

7. AVAILABILITY AND ACCURACY OF SERVICES

7.1 We make every commercially reasonable effort to display, as accurately as possible, the actual colors and images of the goods offered for purchase on the Site. However, we cannot guarantee that your device’s monitor or other display will accurately depict the actual color of any such goods, for which we bear no liability. Packaging of goods may also vary from any images shown on the Site.

7.2 We make all reasonable attempts that the quality of any products, services, information, or other material made available for purchase on the Site 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 can or will be corrected.

7.3 Certain Services may be available exclusively online, through the Website. These Services may be limited in quantity and are subject to return or exchange only according to our Return, Refund and & Exchange Policy found here.

7.4 We reserve the right to limit the quantities of any of the Services made available for purchase or other access on the Site. We further reserve the right to discontinue any Service, at any time, without prior warning to you or any third party.

7.5 All Services listed, displayed, or otherwise shown on the Site are available, from time to time, for order and subsequent delivery internationally, but limitations, such as but not limited to a minimum order amount, may apply depending on the delivery address. For more questions regarding our shipping practices, please contact our support team at customer@mydirtyhobbyshop.com.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 We retain any and all intellectual property rights over any and all products and/or materials and/or content we provide on the Site, along with any applicable trademarks, patents, and copyrights of the Site itself.

8.2 We also retain any and all intellectual property rights over business and domain names, rights in get-up, goodwill, and the right to sue for passing off, rights in designs, computer software, database(s), the right to use and protect/preserve the confidentiality of confidential information (such as know-how), and all other intellectual property rights, in each case where 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.

9. ACCURACY OF BILLING AND ACCOUNT INFORMATION

9.1 You agree to provide current, complete, and accurate purchase and account information (as such may be required from time to time) for all purchases made on or via the Site. You further agree to promptly update your purchase, account, and other relevant information (including your e-mail address and credit card number(s) and expiration date(s)) so that we can complete your transactions and contact you when and if needed.

9.2 Without prejudice to the provisions of section 9.1, we reserve the right to refuse any order you place with us, for any Service and at any time. 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 user 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 by you at the time the order was made.

9.3 We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors, or other (in our sole and final discretion) unwanted persons.

10. THIRD-PARTY TOOLS AND LINKS

10.1 We may provide you with access to third-party tools, over which we have no control or input, 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.

10.2 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 that third-party tool’s provider(s).

10.3 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 (hereinafter the “Third-Party Website(s)”) that is not affiliated with us, and the provision of such links should not be interpreted as approval by us of those linked websites or any information available therein.

10.4 We are not responsible for examining or evaluating the content or accuracy of any Third-Party Websites, 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 any 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.

11. PRIVACY

Submission of your personal information, and how and why it is processed, is governed by our Privacy Policy.

12. ACCOUNT SECURITY

12.1 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. You are solely responsible for keeping such information confidential and safe, and we reserve all rights to take any action we deem necessary, in our sole discretion, should any unauthorized disclosure of such information occur, such as those described in section 12.2 below.

12.2 We reserve the right to disable any user identification code or password, whether chosen by you or allocated to you by us, at any time, if, in our sole judgment, you have failed to comply with any of the provisions of these Terms.

12.3 If you know or suspect that anyone other than yourself knows your user identification code or password, you must promptly notify us here.

13. FORCE MAJEURE

13.1 We, or any of our affiliates, shall not be liable or responsible for failure to perform delivery of any products ordered or other obligations to perform any of our obligations due to events outside our reasonable control (hereinafter collectively “Force Majeure”).

13.2 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.

14. INDEMNIFICATION

14.1 You agree to indemnify, defend and hold harmless Aylo 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.

15. SEVERABILITY

15.1 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, and such determination shall not affect the validity and enforceability of any other remaining provisions.

16. TERMINATION

16.1 These 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 same.

16.2 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.

16.3 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).

17. JURISDICTION AND GOVERNING LAW

17.1 These 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.

18. WAIVER

18.1 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.

18.2 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.