Terms of Sale
[1.] GENERAL PROVISIONS
[1.1.] Welcome to our online merchandise shop. These Terms of Sale apply to the purchase of merchandise products (the “goods”) placed online on e-shop available on the website shop.poetizer.com and on mobile app Poetizer, including all of its versions (the “Poetizer Shop''). The use of our website at www.poetizer.com and our mobile app Poetizer, including all of its versions, is subject to the Poetizer Terms and Conditions.
[1.2.] When you make a purchase online on our Poetizer Shop, you are placing the order with Poetizer s.r.o., with its registered office at Národní 364/39, Staré Město, 110 00 Prague 1, the Czech Republic, company number 062 05 518, registered in the Commercial Register kept by the Municipal Court in Prague under file number C 278099 (“we” or “Poetizer”).
[1.3.] You confirm as a customer that you have read and accepted these Terms of Sale in their entirety before placing an order. These Terms of Sale apply to all purchases of goods on Poetizer Shop and to any agreements between you and us concerning the goods.
[2.] ELIGIBILITY TO PLACE AN ORDER
[2.1.] The purchase of our goods on Poetizer Shop is currently available only to the customers residing in the United States of America and goods may be shipped only within the United States of America. We do not allow the purchase of goods to customers from any other countries.
[2.2.] To place an order on Poetizer Shop, you represent that you are a person of a legal age in your country and an end customer – not a reseller. If you are a person under the legal age in your country but at least 13 years old, you may purchase goods on Poetizer Shop only under the supervision of your parent or a legal guardian who agrees to be bound by these Terms of Sale.
[2.3.] The Poetizer Shop is intended solely for us to sell our goods directly to end customers, and therefore purchase of products for resale is strictly prohibited.
[2.4.] We reserve the right to decline a submitted order and revoke a contract entered into with a person under 13 years of age or without full legal capacity or if we discover that you are involved in purchase for resale.
[4.] PRICE AND PAYMENT TERMS
[4.1.] All prices for goods on Poetizer Shop are in US dollars and are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your Order Confirmation. Price increases will only apply to orders placed after such changes.
[4.2.] Prices for goods displayed on Poetizer Shop do not include taxes or shipping expenses. Tax rates and shipping expenses vary by the shipping destination of your order. Taxes and shipping expenses will be specified at the time of the check-out.
[4.3.] We strive to display accurate price information, however we may, on occasion, make unintentional typographical errors, inaccuracies or omissions related to pricing. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
[5.1.] Since the purchase of goods from Poetizer Shop is allowed only to customers residing in the United States, please note that the goods may be delivered only within the United States.
[5.2.] The shipping time will be shown to you at the time of the check-out but it is only an estimated shipping time and it is not guaranteed.
[5.3.] When your order ships out, you will receive via email a tracking link for tracking your order. If you have any questions regarding the shipment of your order, you may contact us at the email address specified in Section 11.
[6.] RISK OF LOSS
[6.1.] The title and ownership of goods as well as the risk of loss pass to you upon the delivery of goods by our service provider to the shipping carrier. It is your responsibility to file any claim with a shipping carrier for a lost shipment if the tracking of your order indicates that the goods were delivered.
[7.] RETURN POLICY
[7.1.] Please note that as the goods are made on demand by our service provider, we do not offer in general any returns or exchange.
[7.2.] Returns are only offered to you if you receive misprinted, damaged or defective goods. If any of these apply, you may claim a refund within 3 weeks of the delivery of goods. Your claim for return may be sent to our email address specified in Section 11. In such a case, please attach to your claim the photos of your damaged goods, your order number and any other details you may have about the order. You are not obliged to bear any shipping expenses or other additional costs for returns in such a case.
[7.3.] We do not currently offer returns for buyer’s remorse or exchanges for a different size or color. If you wish to exchange your goods for other goods of different size or color, you must place a new order and bear the costs for price, applicable taxes and shipping expenses.
[7.4.] If you provide a shipping address that is considered insufficient by the courier, the shipment will be returned to the facility of our service provider. You may request by emailing us to the address specified in Section 11 for a reshipment of your order but in such case you are obliged to provide us with an updated sufficient shipping address and you will be liable for reshipment expenses once we have confirmed an updated shipping address with you.
[7.5.] If the shipment of goods is unclaimed by you, the shipment will be returned to the facility of our service provider. You may request by emailing us to the address specified in Section 11 for a reshipment of your order but in such case, you will be liable for reshipment expenses once we have confirmed an updated address with you.
[8.] LIMITATION OF LIABILITY
[8.1.] Nothing in these terms of sale shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law.
[8.2.] TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES), ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE FULFILLMENT OF YOUR ORDERS OF GOODS OR ANY BREACH OF THESE TERMS OF SALE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH POETIZER SHOP. LAWS OF CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
[8.3.] Upon our request, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from the fulfilment of your orders of goods or any breach of these terms of sale. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
[10.] DISPUTE RESOLUTION
[10.1.] In case of any dispute related to these terms of sale brought by you or us, you agree that Poetizer and you will at first attempt to negotiate such dispute informally. Such informal negotiations commence upon written notice from you to Poetizer or from Poetizer to you.
[10.2.] If the informal negotiations fail to resolve the dispute, it will be resolved exclusively and finally by binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the consumer arbitration rules (the “AAA Rules”, available at www.adr.org).
[11.] HOW TO CONTACT US
[11.1.] If you have any questions about these Terms of Sale or if you wish to make any request regarding your purchase of goods or to claim any of your rights described in these Terms of Sale, please contact us at firstname.lastname@example.org.
[11.2.] You may also contact us in writing at the following address: Poetizer s.r.o. Národní 364/39, Postal Code 110 00, Prague 1 Prague Czech Republic, Europe
[12.1] If any provision or part of a provision of these Terms of Sale is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Sale and does not affect the validity or enforceability of any remaining provisions.
[13.] CHANGES TO OUR TERMS OF SALE
[13.1.] Poetizer reserves the right to modify or update these Terms of Sale from time to time. We shall inform you in advance about every substantial amendment hereof. By purchasing our goods on our Poetizer Shop after any modification to Terms of Sale will constitute your acceptance of such modifications made by us from time to time. Should any of the modifications of These Terms of Sale require your consent, we will contact you in order to obtain your consent herewith.
[14.] EFFECTIVE DATE
[14.1.] These Terms of Sale are effective as of 17 November 2021.