Terms & Conditions
Last revised on 10/11/2020
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
The purpose of this User agreement (the “Terms”, “Terms and Conditions”, “User Agreement”) is to detail the responsibilities of UAB “Sporto Inovacijos” a private limited company, registered at Kęstučio str. 55-15, Kaunas, Lithuania (“us”, “we”, “our”, “Company”) as a Service provider and your obligations as a User (“you”, “your”, “Client”, “Customer”). This Agreement sets forth the general terms and conditions of your use of these Websites www.rawpowders.com (www.rawpowders.co.uk, www.rawpowders.de, www.rawpowders.ie, www.rawpowders.se, www.rawpowders.lt (“Website”) and the Products purchased or accessed through this Website (“Products”).
We reserve the right and absolute discretion, change or modify these Terms, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Website. Your use of this Website after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by these Terms as last revised, do not use (or continue to use) this Website. The orders submitted on this Website before such change shall not be affected by it.
In addition, we may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information current. Company assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
If you have any questions about these Terms, please contact us.
If you use our Website, you should comply with these Terms. You authorize us to transmit and to obtain information and third parties’ information. This includes your credit or debit card numbers for validation of your credit card, for obtaining an initial credit card authorization and for individual purchase transactions.
We reserve the right to:
Change and update these Terms anytime, all changes will be shown on the Website.
Temporarily or permanently change, withdraw and modify the Website and information posted on it without notifying you of the effect. By using the Website you agree that we will not be liable to you for any changes on our Website.
Delete or disable your Account at any time, if you break any rules of these Terms.
By using this Website, you confirm that:
you can legally enter into binding contracts;
you are 18 years old or older;
all personal information given by you upon registration is currently correct and you are not trying to impersonate any other person;
you will notify us if your personal information has changed or will change soon. You can do that by sending an e-mail message to our customer service at: email@example.com;
you will not allow any third party to access your Account.
For security purposes, we recommend that you change your password at least once every six (6) months for each Account. Company will not be liable for any loss you incur due to any unauthorized use of your Account.
We may suspend, terminate or delete your Account if:
You have breached any portion of these Terms, or
You requested that We delete Your account, or
the suspension is necessary to prevent harm or liability to other Customers or third parties or to preserve the security, stability, availability or integrity of our Website,
this is requested by law enforcement or other government agencies.
When you are creating Account or shop on our Website we will ask you to provide your personal details such as your name, e-mail address, billing address, delivery address and payment details. This is necessary in order to identify you and provide our services based on this Agreement. We confirm that all data will be held confidential and in accordance with the rules of General Data Protection Regulation.
We remind you that if you are using our Website you confirm that all information provided by you is currently accurate.
6. PROTECTING YOUR SECURITY
Our company takes all measures to ensure that there is as little chance as possible for internet frauds on our Website. If your billing address is different from delivery address, there is a possibility that we will contact you to make further security checks. We ask for your co-operation on this matter because we are doing this for your own safety. If we notice any signs of fraudulent transactions, we will report this to relevant authorities.
As we have already noted if you are using our Website, you automatically accept these Terms, so you agree with the possibility of performance of such checks.
If you are using our Website, you agree to use it in a lawful manner. You agree to use the Website in compliance with all applicable laws, regulations and legal acts regarding the Website itself and its use. You accept that you will not:
Do any harm the Website in any way (you won’t transmit or upload computer viruses, worms, Trojans, or anything else that can damage the work of the Website, or disrupt operating procedures of a tablet, computer or Smartphone).
Transmit or upload to our Website any data that is in any way offensive or defamatory.
Copy or distribute in any medium any part of this Site.
Attempt to gain unauthorized access to the Website, or to the servers on which our site is stored and to all other servers to which our computers and database are connected. You may not use denial-of-service or distributed denial-of-service attacks against our Website.
Attempt to modify, or gain unauthorized use of or access to, another user's account(s).
Access the Account for the purpose of building a competitive Product or service or copying its features or user interface.
Collect or harvest any personally identifiable information, including account names, from any other user’s account.
If you try to attack our Website or our database, you will be considered to have committed a criminal offence. As we do not tolerate such acts all illegal activity will be reported to the relevant law enforcement bodies. If you breach the Terms in such way, you will be immediately deprived of your right to use our Website.
Please note that we waive any liability for damages or losses caused by harmful technologies due to your use of our Website or any other websites linked to it.
8. THIRD PARTY LINKS
For convenience of our customers, our Website can include links to other websites and material which is not in our control. We are not responsible for any data or material that can be found on these websites, because we don’t endorse and don’t review them. Please be reminded that we are not liable for any information and privacy practices of such websites and we are not responsible for any damage or loss that can be caused by these websites, their advertising, content, products or services.
If you order the goods that are not in stock right now, you will be notified to the effect by email or phone, and you will be free either to wait for an item or to cancel your order.
We have the right to reject any order at any time. Any automated message which you may receive from regarding your order is not a confirmation of our acceptance of your order. The acceptance of a contract between you and us will happen then we (i) get the payment from your credit or debit card, or by other payment methods or (ii) when we dispatch the goods ordered by you to your address. When we dispatch the goods, you will get the email which will confirm that the contract between you and our company had been concluded (‘Dispatch Confirmation’). The contract between you and our company will concern just to your ordered goods dispatched and confirmed with the Dispatch Confirmation. All other ordered goods or services which may have been in your orders as well but not have been sent will be sent to you later with a separate Dispatch Confirmation, or the remaining order will be rejected.
Our company will take all reasonable actions available to us in order to keep your private order and your payment secure. Please note that we are not responsible for any loss you may suffer from third parties and their unauthorized access to any data on our Website.
All the goods on our Website are not for resale and distribution. We can reject your order or suspend/delete your account if you breach this Term.
We are not responsible for your delivery after it is delivered to the address you specified. You assume all risk if you provided an incorrect delivery address or failed to collect the goods from the delivery address which you specified.
10. CANCELLATION RIGHTS
You can cancel any order or contract within 14 days from the day on which goods were delivered to your delivery address.
If you want to cancel a contract or return the goods you purchased you can do that by reading our Returns Policy.
11. PRICE AND PAYMENT
The prices on our Website are shown with VAT already included and are correct when data are entered into the system. We have the right to change all prices any time without any notice; however, no changes shall apply to orders covered by a Dispatch Confirmation sent by us.
If your order delivery address is in a Member State of the EU, you won’t have to pay any additional taxes. However, if your order delivery address is in a non- Member State of the EU, you may have to pay import taxes (including VAT); these taxes are paid when the package reaches the country of destination. All additional payments or taxes must be paid by you. If your delivery address is within the EU, no additional taxes will be charged to you. Taxation and customs policies are different in all countries, that’s why we recommend that you get the information you need from your local customs office.
All payments can be made by all major debit or credit cards. Payments are debited and cleared before we send to you the goods you have ordered.
There is a small possibility that price shown on the checkout page is wrong, in that case in accordance with clause 9, we can refuse to fulfill your order and sell to you the goods for the price shown. Our company keeps updating the information as fast as it is possible, this is to ensure that the prices are shown are correct, but sometimes errors can occur. If this happens and we discover an error in the price of your order, we will notify you as soon as possible, and you will have an option to update your order by accurate price or cancel your order entirely. If you choose to cancel the order and there was no Dispatch Confirmation, then you will get a full refund of money you paid.
By making an order on our Website you automatically confirm that debit or credit card or PayPal account from which payment is made is yours. Credit/debit cards can be checked and authorized by the card issuer. In the event that issuer of your card does not authorize your payment to us, we won’t be responsible for non-delivery, or delay.
You can use discount codes, but you can do that strictly following all terms according to which discount codes have been issued. By using a discount code you confirm, that you had read all terms and conditions before placing an order. We can reject all orders made disregarding these terms, even if you had already made your payment. If these terms and conditions and discount code terms and conditions are incompatible with each other, the discount code terms and conditions shall prevail. You can get a copy of discount code terms and conditions if you contact us by e-mail: firstname.lastname@example.org.
12. INTELLECTUAL PROPERTY
All information, data, and content of our Website are protected by copyright, trademarks, database and all other intellectual property rights. All informational material and content supplied by us through our Website or by other channels will remain with us and our licensors.
You can’t use, copy or change our content and use it for any commercial purposes. However, you can use the content of our Website on your computer screen or store the content in electronic devices, but not in servers or any devices connected to any kind of network. You can also have one printed copy of our Website content, but by doing so you agree to use it just for your personal needs, and not for commercial purposes, and you will follow and copyright and proprietary notices.
13. LIMITATION OF LIABILITY
SUPPLY OF GOODS
If we fail to comply with these Terms, we shall only be liable to you for losses that you suffer because of our failure to comply (whether arising in contract (including negligence) and breach of statutory duty) which are a foreseeable consequence of such failure.
USE OF THE WEBSITE SUPPLY OF GOODS
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR OWN RISK AND THAT THIS WEBSITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. And this is without any representation or endorsement made. For this reason, we don’t provide any explicit or implicit warranties relating to our Website or its use. By using our Website you confirm that you understand that we do not guarantee and are not responsible for any data provided by you or for the security or privacy of the Website. All internet-related risks associated must be assumed by you because you are the user of it.
Our company will always do it’s best to ensure that information and data shown on our Website is always correct and up-to-date, but we are not liable for any errors in our data. That’s why we are not responsible for errors or results that can be obtained by using false information. This includes all technical problems you can experience while using our Website. If we notice or if we are informed of errors and false information in the content of our Website, we will correct all false information as soon as possible.
Please note that we waive all liabilities in connection with the following:
incompatibility of the Website with any of your equipment, software or telecommunications links;
technical problems, including errors or interruptions of the Website;
unsuitability, unreliability or inaccuracy of the Website; and
failure of the Website to meet your requirements.
By using our Website you agree that to the full extent allowed by the applicable law our company will not be liable or responsible to you or any third party for incidental or consequential damages (including without limitation: pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy, loss of data and any other loss), also any other direct or indirect, special or punitive damages that can arise or are related to the use of our Website.
You agree to protect, defend, indemnify and hold harmless Company and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Company directly or indirectly arising from (i) your use of and access to this Website; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Website or the Services found at this Website.
COMPLIANCE WITH LOCAL LAWS
Company makes no representation or warranty that the Products and content available on this Website are appropriate in every country or jurisdiction, and access to this Website from countries or jurisdictions where its Products and content is illegal is prohibited. Users who choose to access this Website are responsible for compliance with all local laws, rules, and regulations.
Please notice that any part of these Terms which is deemed to be unlawful or unenforceable shall be treated severally from the remaining Terms and shall not affect the enforceability and validity thereof.
Any waiver of liability on our part may not be considered to be a waiver of any previous or subsequent violation of any provision.
16. ENTIRE AGREEMENT
These Terms constitute the entire basis of all future agreements between you and our company.
17. LAW AND JURISDICTION
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Lithuania, to the exclusion of conflict of law rules. The courts of Lithuania shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation.
18. DATA TRANSFER
If you are visiting this Website from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Website and communicating electronically with us, you consent to such transfers.
If you submit a review, you automatically give us a non-exclusive, perpetual, royalty-free, irrevocable, royalty-free right to reproduce, change, use, modify, publish, adapt, reproduce, translate, create works or content from, display and distribute such content in any ways possible throughout the world.
You also entitle us (RawPowders and any our sub-licensees) to use the name that you submitted in connection with such content if we or our sub-licensees choose to do so.
You further agree to waive any rights to be identified as the author of such content or information, and all your rights to object to derogatory treatment of such information or content.
You automatically agree to do all necessary acts to perfect any of the above rights given by you to RawPowders. That includes the execution of deeds and documents on request of RawPowders.
20. COMPANY DETAILS
UAB "Sporto Inovacijos"
Registration code: 303326709
Address: Kęstučio g. 55-15, LT-44306 Kaunas