PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
The Company (defined above) relate to the Byrokko e-commerce platform including but not limited to the web and mobile-optimized versions of the websites identified by the uniform resource locator www.byrokko.com (referred to as “Site”) and its mobile applications This document is a legally binding agreement between you as the user(s) of the Sites (referred to as “you”, “your” or “User” hereinafter) and the Byrokko.com contracting entity determined in accordance with clause 2.1 below (referred to as “we”, “our” or “Byrokko.com” hereinafter).
1.2 You may not access or use the Services or the Site and may not accept the Terms if (a) you are not of legal age to form a binding contract with Byrokko.com, or (b) you are not permitted to receive any Services under the laws of Slovenia and European Union (referred as “EU”), countries / regions including the country / region in which you are resident or from which you access and use the Services and the Site.
1.3 Byrokkko.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to access or use the Services or the Site, you agree that the amended and restated Terms will apply to you.
1.4 If Byrokko.com has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your access to and use of the Services or the Sites.
1.5 You may be required to enter into separate agreement(s), whether online or offline, with Byrokko.com or our affiliate for any Service (or features within the Services) (each an “Additional Agreement”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service (or feature within the Service) concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorized person of Byrokko.com or the respective legal representative of the Company.
2.1 If you are a user of the Site, you are (as Buyer) contracting with Byrokko.com and the Company SHINE BROWN d.o.o.
2.2 Byrokko.com reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to Users, or subject to other conditions that Byrokko.com may impose in our discretion.
2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Byrokko.com may in our sole discretion limit, deny or create different levels of access to and use of any Services (or any features within the Services) with respect to different Users.
2.4 Byrokko.com may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the ability of such paying Users to enjoy that Service, except in respect of any Byrokko.com Relevant Jurisdiction Users. In respect of any Users, Byrokko.com and Company may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the ability of such paying Users to enjoy that Service.
3.1 As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when accessing or using the Site or Services.
3.2 You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Byrokko.com, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Byrokko.com is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
3.3 Byrokko.com may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such web sites' terms and conditions and/or privacy policies before using the Sites. You acknowledge that Byrokko.com has no control over such third parties' web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on or through such web sites.
3.4 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Byrokko.com and/or any other User nor to gain unauthorized access to such computer systems or networks.
3.5 You agree not to undertake any action which may undermine the integrity of Byrokko.com’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
3.6 By posting or displaying any logos, trademarks, service marks, brands, description/information in the product listings, and any other information, content or material on the Site (any of such information, content or material, collectively referred to as“User Content”) or providing any User Content to Byrokko.com, and to the extent permitted under applicable law, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Byrokko.com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, edit, translate, create derivative works using the User Content, remove any part of it (including, without limitation, the watermark or mark the User Content bears), and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner, on the Site and for any purpose which may be beneficial, whether directly or indirectly, to Byrokko.com, the operation of the Sites, the provision of any Services and Promotion Services and/or the business of the User. You confirm and warrant to Byrokko.com that you have all the rights, power and authority necessary to grant the above license and the User Content and use of such User Content (including derivative works) by Byrokko.com, under such license is free from any infringement or violation of any Third Party Rights (as defined in clause 5.4 of the Terms). To the maximum extent permitted by law, you waive your right to enforce your Intellectual Property Rights in the User Content against Byrokko.com in connection with use of such User Content in connection with the Services. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
4.1 User may be registered on the Site to access or use some Services (a registered User is also referred to as a “Member” below) if the Site the website also allows user registration.
4.2 User registration on the Byrokko.com website is not necessary as a prerequisite for purchasing products. However, it is mandatory that the user of the Byrokko.com website confirms his agreement with these Terms and Conditions before purchasing the products.
4.3 Member agrees that all use of the Site and Services, and all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
4.4 For the purposes of providing the services he offers, the Seller collects, manages, processes and stores the following personal information:
The Seller is not responsible for the accuracy, completeness and promptness of information entered by users.
At the beginning of every online store visit, the Seller assigns each user a cookie for identification, to monitor the shopping cart and ensure traceability. Cookies are stored in the server's memory only for the duration of the online store visit and are deleted after one hour of inactivity. The Seller can also store some permanent cookies on the user's computer or device, such as the encrypted user identification number for identifying the user at the next visit of the online store or product appraisal, by means of which the user knows which items he has already rated, and indirectly also Google Analytics external cookies that serve to analyse website visits. The Seller may use this data in an anonymous summarized form for statistical analysis purposes. For the purposes of providing online security, the Seller also collects IP addresses from which the users access the online store.
5.1 Each User represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) your access and use the Sites and Services will be for business purposes only; and (c) for Users who are business entities, the address you provide when buying on Site is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
5.2 Users may be required to provide information or material about their entity, business or products/services as part of the buying process on the Site for Users access to and use of any Service of the Site. Each User represents, warrants and agrees that (a) such information and material whether submitted during the buying or registration process or thereafter throughout the continuation of the use of the Sites or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
5.3 Each User represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”);
5.4 Each User further represents, warrants and agrees that the User Content that you submit, post or display shall:
5.5 User acknowledges and agrees that Byrokko.com reserves the right to, but shall not be required to actively monitor or exercise any editorial control whatsoever over the content of any message or material or information (including User Content) created, obtained or accessible through the Services or Site. Byrokko.com does not endorse, verify or otherwise certify the contents of any comments or other material or information (including User Content) created, submitted, posted, displayed or otherwise made by any User. Each User is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information
6.1 Byrokko.com reserves the right in our sole discretion to remove, modify or reject any User Content (in whole or in part) that you submit to, post or display on the Sites which we reasonably believe (i) violates any applicable laws and regulations, (ii) violates the Terms hereunder, (iii) could subject Byrokko.com to liability, (iv) infringes any Third Party Rights, (v) could harm the interests of other Users, third party or Byrokko.com or our affiliates, or (vi) is otherwise found inappropriate in Byrokko.com’s sole discretion.
6.2 Byrokkoa.com reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, Byrokko.com may disclose the Users identity, contact information and/or information regarding the possible Users account(s), transactions or activities carried out on or via the Site, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. Byrokko.com shall not be liable for damages or results arising from such disclosure, and User agrees not to bring any action or claim against Byrokko.com for such disclosure.
6.3 Each User agrees to indemnify Byrokko.com, our affiliates, Companies directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your access to or use of the Sites or Services, or from your breach of the Terms or any Additional Agreements.
6.4 Each User further agrees that Byrokko.com is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the Sites or Services, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with the User.
7.1 By purchasing a product in the Byrokko.com online store, the User certifies and guarantees that he is of legal age and has full legal capacity. The Seller will use and process personal information, which the User provides when purchasing, for the purpose of concluding and completing distance contracts. By purchasing in the online store, the User agrees that the Seller may send him promotional messages to the provided telephone number and email address, which will clearly indicate, in accordance with the legal provisions, that they have been sent on behalf of the Company and the Seller.
7.2 Due to the nature of online shopping, the offer of the online store products is often and rapidly changing. All product photos are symbolic and do not necessarily reflect the full features of the product, therefore they serve only as an information display.
7.3 The Seller will deliver the ordered products to the User within the agreed time. The delivery time of products that are in stock, upon home delivery, is up to 7 working days from the confirmation of the order for delivery addresses in USA. Delivery within 7 days is not guaranteed. Products that the seller does not have in stock cannot be ordered. The above stated delivery times are indicative and informative and the Seller reserves the right to change the stated delivery times at any time. Unless agreed otherwise, delivery will be made to the delivery address indicated by User. On Byrokko.com website Users can find information on the availability of products sold by Byrokko.com. Please note that all information about the availability, shipping or delivery of a product is merely estimated information and contains approximate values and does not constitute binding or guaranteed shipping or delivery dates, unless expressly stated otherwise in the shipping options for the respective product. If Byrokko.com cannot deliver to User because the goods delivered do not fit through User entrance door, front door or User staircase, or User is not found at the delivery address given by User even though the delivery time has been announced to User with a reasonable period of notice User will have to bear the cost of such failed delivery.
7.4 The products will be delivered in appropriate packaging, which will ensure confidentiality of the nature of the product.
7.5 Prices in the online store do not include VAT. VAT is not charged on the basis of Paragraph 1 of Article 94 of the Slovenian Value Added Tax Act. The trader is not subject to VAT. Prices can be changed without prior notice. All stated prices are valid at the time of the order and are valid until the new price list is accepted. On the online store page, a regular price is posted which represents the supplier’s recommended retail price for a particular item, and an online price that is accessible to all online store buyers. Upon completion of the purchase, the User receives an order confirmation via email with all the details of the order. The Purchase Contract between the Seller and the User is concluded at the moment the Seller approves the order. From this moment, all prices and other conditions are fixed and apply to both the Seller and the User.
7.6 The Seller provides the Buyer with the following payment methods for purchasing products from the online store:
Users orders are an offer to Byrokko.com to buy the product(s) in Users orders. When User pace an order to purchase a product from Byrokko.com, Byrokko.com will send User a message confirming receipt of Users order and containing the details of Users order (the “Order Confirmation”). The Order Confirmation is acknowledgement that Byrokko.com have received User order, and does not confirm acceptance of User offer to buy the product(s) or the services ordered. Byrokko.com only accept User offer, and conclude the contract of sale for a product ordered by User, when Byrokko.com dispatch the product to User and send e-mail or post a message to User that product has been dispatched to the User. User contract is with Company (SHINE BROWN d.o.o.). User provide his consent to receive sales invoices electronically.
7.8 Order confirmed
When the User submits the order, he is redirected to the website with a message that his order has been accepted. After receiving the order, the Seller will check it, check the availability of the ordered products and confirm the order on the registered e-mail address of the User. The Seller can also contact the User through the contact telephone number to check the data or to ensure the accuracy of the delivery. Upon confirmation of the order, the Seller will notify the User by email about the scheduled delivery date.
7.9 Order cancellation
The order is deemed to be confirmed if the User does not cancel the order. If the item cannot be delivered within the written deadline, the Seller informs the User by email address. The Buyer can cancel the order by replying to the email he receives when ordering.
The Seller prepares and dispatches the goods within the agreed time period with an agreed shipping method.
7.11 EXCEPTIONS TO THE RIGHT OF CANCELLATION
The right to cancellation does not exist or lapses, as the case may be, in the case of contracts regarding:
The Seller is not liable for any damage or injury caused by the use or misuse of the products in the online store offer.
When ordering products from Byrokko.com for delivery outside of the EU Users may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by User; Byrokko.com have no control over these charges. Customs policies vary widely from country to country, so User should contact its local customs office for further information. Users agree that they are aware that cross-border deliveries are subject to opening and inspection by customs authorities. Customs forms for non-EU shipments show the value of items included in the delivery by product type. Byrokko.com reserve the right to provide such information to customs in order to simplify the process for its customers or due to legal obligations. Customs can open and control packages, Byrokko.com have no influence over that.
8.1 Byrokko.com shall not be liable for or required to pay compensation of any nature whatsoever for any loss arising from the unavailability, inconvenience or failures of the services or systems due to the following reasons: (i) system shut-down for maintenance; (ii) inability to transmit data due to failures in communications terminals or telecommunications equipment; (iii) systems failure and inability to perform its functions) due to force majeure events including but not limited to typhoons, earthquakes, tsunamis, floods, power failure, fires, storms, war, political unrest, labour strikes, shortage of labor or materials, riots, insurrections, civil disturbances, terrorist attack, explosions, acts of God, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties; or (iv) suspension or delay of services or systems failure due to reasons beyond the reasonable control of Byrokko.com such as hacker or cyber attacks, technical adjustments or failure of the telecommunications department, website upgrades, third party problems or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.
9.1 Byrokko.com is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with Byrokko.com and the Company, as the case may be. All rights not otherwise claimed under the Terms or by Byrokko.com are hereby reserved.
9.2 "BYROKKO", "BYROKKO.COM", “SHINE BROWN” and related icons and logos are registered trademarks or trademarks or service marks of Company in the Relevant Jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
9.3 Byrokko.com may have independent third parties involved in the provision of the Site or Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
9.4 To the largest extent permissible under applicable law, all rights, title and interest to all derivative work created by Byrokko.com and/or its affiliates using User Content pursuant to the Terms shall belong to Byrokko.com, which may be freely assignable, licensable or grantable by Byrokko.com to any third party or its affiliates.
10.1 All legal notices or demands to or upon Byrokkocom shall be made in writing and sent to Byrokko.com personally, by courier or certified mail to the following entity and address: SHINE BROWN d.o.o., Preserje pri Radomljah, Pelechova cesta 15, 1235 Radomlje, Slovenija, EU. The notices shall be effective when they are received by Byrokko.com in any of the above-mentioned manner.
10.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Byrokko.com, or by posting such notice or demand on an area of the Sites that is publicly accessible without a charge.
10.3 You agree that all agreements, notices, demands, disclosures and other communications that Byrokko.com sends to you electronically will satisfy any legal requirement that such communication should be in writing.
10.4 Byrokko.com collect Users personal information in order to provide and continually improve our products and services. The types of information Byrokko.com gather:
10.5 Byrokko.com processes Users personal information to operate, provide, and improve the Services that Byrokko offer to its customers. These purposes include:
10.6 Transfers out of the European Economic Area: Whenever Byrokko.com transfer personal information to countries outside of the European Economic Area, Byrokko.com will ensure that the information is transferred in accordance with this Privacy Notice and as permitted by the applicable laws on data protection.
10.7 Byrokko.com doesn't sell products for purchase by children. Byrokko.com have right to sell children's products for purchase by adults. If User is under 18, User may use Byrokko.com Services only with the involvement of a parent or guardian.
10.8 When Users use any Byrokko.com Service or send e-mails, text messages, and other communications from Users desktop or mobile device to Byrokko.com, Users are communicating with Byrokko.com electronically. Byrokko.com will communicate with Users electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Services. For contractual purposes, User consent to receive communications from Byrokko.com electronically and User agree that all agreements, notices, disclosures and other communications that Byrokko.com provide to User electronically satisfy any legal requirement that such communications be in writing.
12.1 Subject to USer compliance with these Conditions of Use and applicable Service Terms and User payment of any applicable fees, Byrokko.com grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Byrokko.com Services. This licence does not include any resale or commercial use of any Byrokko.com Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Byrokko.com Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
12.2 All rights not expressly granted to User in these Conditions of Use or any Service Terms are reserved and retained by Byrokko.com its licensors, suppliers, publishers, rights holders, or other content providers. No Byrokko.com Site, nor any part of any Byrokko.com Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Byrokko.com express written consent.
12.3 Users may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Byrokko.com without its express written consent. Users may not use any meta tags or any other "hidden text" utilising Byrokko.com names or trademarks without its express written consent.
12.4 If Users use any Byrokko.com Service Users are responsible for maintaining the confidentiality of their accounts and passwords and for restricting access to Users computer and Users mobile devices, and to the extent permitted by applicable law Users agree to accept responsibility for all activities that occur under Users account or password. Users should take all necessary steps to ensure that the password is kept confidential and secure. Users are responsible for ensuring that the details Users provide to Byrokko.com are correct and complete, and for informing Byrokko.com of any changes to the information Users have provided.
13.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Byrokko.com with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
13.2 Byrokko.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
13.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
13.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause.
13.5 Byrokko.com’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Byrokko.com’s right to act with respect to subsequent or similar breaches.
13.6 Byrokko.com shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity. You may not assign, in whole or part, the Terms to any person or entity.
13.7 These conditions are governed by and construed in accordance with the laws of the Republic of Slovenia, and the parties to this conditions submit to exclusive jurisdiction of the Courts of Republic Slovenia. Application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
13.8 If Users breach these Conditions of Use and Byrokko.com take no action, Byrokko.com will still be entitled to use its rights and remedies in any other situation where Users breach these Conditions of Use.
13.9 If you have any comments on the Services we provide to you, you may contact our customer service support line: [email protected] with any such feedback or questions.