Sales Terms and Conditions for US Residents

TERMS AND CONDITIONS OF SALE FOR U.S. RESIDENTS 

  1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 16 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE STORE, AND (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. 

These terms and conditions (these “Terms”) apply to the purchase and sale of products through the online store “movelle” (the “Store”) operating at the Internet address www.movelle.store (the “Website”) owned by Magdalena Palmer conducting business activity under the name: Magdalena Palmer with its registered seat at 61/28 Parafialna Street, 52-233 Wrocław (Poland) (the “Owner”). These Terms are subject to change by the Store (referred to as “the Store”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Website, and you should review these Terms before purchasing any product that are available through this Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes. 

These Terms are also an integral part of the Website Terms of Use [add hyperlink URL ] that apply generally to the use of our Website. You must also carefully review our Privacy Policy [add hyperlink URL] before placing an order for products through this Website. 

  1. Order Acceptance and Cancellation. You agree that your order is an offer to buy all products listed in your order under these Terms. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you by email an acknowledgement that we have received your order, containing the order number and details of the items you have ordered. We will then confirm acceptance of your order by issuing an invoice to you, setting forth the terms of the order and the pricing for the products ordered.  The formation of the contract of sale between the Store and you will not take place unless and until we issue an invoice. All of the products sold through the Website are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain products and to substitute products without prior notice. Unless the Store agrees or states otherwise in writing, all fees and charges are nonrefundable, and no orders are complete until payment is received in full.  
  1. Account Registration and Terms. 
  1. While certain content of the Website is publicly available, you must register for a user account before you are able to use any of the electronic and related product retail services provided by the Store through the Website (“Ordering Services”). You may register to create an account directly via the Website. You may not register for an account on behalf of any natural person (other than yourself) and for any entity other than the entities as to which you are an authorized person to place orders and purchase products. 
  1. You may cancel your account at any time. 
  1. We may, in our discretion, without liability to you and without limiting our other remedies, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your account and take technical and legal steps to prevent you from using our Website and the Ordering Services at any time for any reason. The Store reserves the right to suspend or terminate your account or your access to the Website if you create more than one account, or if any information provided during the registration process or thereafter is determined to be incomplete, inaccurate, outdated, deceptive or fraudulent. We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a prolonged period of time.  We also reserve the right to cancel your account if you fail to comply with the Terms, our Website Terms of Use [add hyperlink URL] or our Privacy Policy [add hyperlink URL]. 
  1. In order to register for an account (“Account Service”), you should perform the following steps:  
  1. go to the Website, and then click on the “create an account” tab; 
  1. Enter the data requested therein; 
  1. check the applicable box next to the statement about reading the Terms and Conditions and Privacy Policy; 
  1. optionally - check the checkbox next to the statement of consent to receive the Newsletter;  
  1. Click the “create account” option. 
  1. Clicking on the “create an account” option is equivalent to your agreement for the provision of Account Services. You gain access to the Account immediately after clicking on the “create account” option. 
  1. After creating an Account, you may supplement the mandatory data stored therein with the additional optional data, such as phone number and address. 
  1. With the Account, you may, in particular, store your personal information, place orders and review placed orders, and report the return of orders. 
  1. In the event that you fail to get access to the Account immediately after the conclusion of the Agreement for the provision of Account Services, you should notify the Store by e-mail to the address hello@movelle.store 
  1. Notwithstanding the foregoing provisions, you may terminate the agreement for the provision of Account Services at any time and without stating any reason, with immediate effect.  
  1. Withdrawal from the agreement for the provision of Account Services or its termination, regardless of the basis on which this action is performed, is carried out by submitting a statement of withdrawal from the Agreement for the provision of Account Services or its termination by you to the Store. 
  1. Prices and Payment Terms. 
  1. The price charged for a product will be the price set out on the invoice sent to you for an order is the price posted on the Website at the time an order is placed and accepted by the Store. Posted prices do not include taxes, duties, tariffs or other charges related to shipping and handling. All such taxes, duties, tariffs and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. 
  1. If applicable, the Store also charges sales/use tax unless you have a valid sales tax exemption certificate on file with the Store. The Store will not refund tax amounts collected in the event a valid sales tax certificate is not provided. If you provide a certificate that is not accepted for any reason by any governmental or regulatory authority, and the Store is required to pay tax on your purchase, you will reimburse and indemnify the Store for the amount of such tax and any related penalties or other charges, and the Store ‘s reasonable expenses incurred in connection with the payment and collection of such tax. 
  1. Payment must be received by us before our acceptance of an order. We accept payment in any of the following manners: bank transfer, payment by credit card, or payment by electronic transfer, as indicated on the Website. Payment by bank transfer upon delivery must be agreed individually and is subject to the Store’s prior approval. The complete list of available manner of payment can be found on the Website.  You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. 
  1. Shipments; Delivery; Title and Risk of Loss. 
  1. We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. 
  1. We reserve the right not to deliver products ordered to certain locations for any reason. In such event, your order may be assigned and fulfilled by another entity or it may be terminated and any corresponding payment refunded. 
  1. Title and risk of loss pass to you upon delivery of the product to you. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipping products to you. The Store is not responsible for damage to products after they have been delivered to the shipping company, however, in the event the products shipped to you are damaged or lost during shipment, upon following the procedures to return and request a refund as set forth in Section 6 below, your payment for such product will be refunded to you. The Store is not responsible for any shipping, exporting, customs clearance or declarations related to shipping any product. 
  1. Returns and Refunds. All products ordered and purchased are provided “AS-IS” and are non-returnable unless the Store, in its sole discretion, determines otherwise in response to exceptional cases related to quantity or product defect cases attributable to the Store. In such exceptionable cases, we may accept a return of products for replacement or for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment and provided such products are returned in their original condition. To request to return products, you must email us at hello@movelle.store before shipping your product. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. All returns are subject to a restocking fee as determined by the Store. WE OFFER NO REFUNDS ON ANY PRODUCTS THAT ARE OTHERWISE NOT RETURNABLE. 
  1. Warranty and Disclaimers 

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.  

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. 

  1. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. 

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED FROM US. 

The limitation of liability set forth above shall only apply to the extent permitted by law. 

  1. Newsletter Delivery.  
  1. In order to enter into an agreement for Newsletter Delivery, you should perform the following actions: 
  1. go to the Website; 
  1. in the form located on the Website, enter the e-mail address; 
  1. check the checkbox next to the statement of consent to receive the Newsletter, read the Terms and Conditions and Privacy Policy and accept their provisions; 
  1. Click the “Join” option. 
  1. Clicking the “Join” option is equivalent to you agreeing to Newsletter Delivery.  
  1. Newsletter Delivery agreement may also be concluded by you checking the checkbox next to the statement of consent to receive the Newsletter when concluding the Account Service agreement or the contract of sale. In such case, the Newsletter Delivery agreement shall be concluded at the time of concluding the Account Service agreement or the contract of sale. 
  1. You acknowledge that: the Newsletter is not subject to updates, and the frequency and dates of delivery of Newsletters are not predetermined and depend on the current situation of the Owner. 
  1. Delivery of the Newsletter is made by e-mail, to the e-mail address provided by you. You may terminate the Newsletter Delivery agreement at any time and without giving any reason, with immediate effect, by submitting an instruction to unsubscribe from the Newsletter by: 
  1. Clicking on the link allowing to unsubscribe from the Newsletter, which is sent with each Newsletter; or 
  1. sending a statement of withdrawal from or termination of the Newsletter Delivery agreement to the Store by email at: at hello@movelle.store 
  1. No Reliance on Product Color, Specifications and Descriptions. The Store attempts to display as accurately as possible the colors of the products shown on the Website. However, because the colors you see will depend on many factors, including your monitor or printer, the Store cannot guarantee that the color you see matches the product color. 

All specifications, drawings, illustrations, descriptions and particulars of weights, dimensions or capacity and other details including, without limitation, statements regarding compliance with legislation or regulation (together “Descriptions”) wherever they appear (including, without limitation, in catalogs, on websites, on dispatch notes, invoices or packaging) are intended to give a general idea of the products, but does not and will not form part of the sales agreement between you and the Store.  

  1. Owner’s Intellectual Property. You acknowledge and agree that: 
  1. The Owner is and will remain the sole and exclusive owner of all intellectual property rights in and to the Store’s name, domain, logo, trademarks, pictures and descriptions of the Goods, and principles of operation of the Website (including all graphic elements, interefaces, software, source code and databases), including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, whether or not registered. You do not and will not have or acquire any ownership of these intellectual property rights 
  1. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, [add hyperlink URL]], governs the processing of all personal data collected from you in connection with your purchase of products through the Website. 
  1. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, pandemics, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. 
  1. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Republic of Poland without giving effect to any choice or conflict of law provision or rule (whether of the Republic of Poland or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Republic of Poland. 
  1. Dispute Resolution and Binding Arbitration. 
  1. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. 
  1. The arbitration will be administered by the [Court of Arbitration at the Polish Chamber of Commerce] then in effect, except as modified by this Section 15. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. 
  1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 16 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. 
  1. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Store. 
  1. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. 
  1. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. 
  1. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use [add hyperlink URL] and our Privacy Policy [add hyperlink URL] will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.