Terms of service
This website is operated by UpgradeRC. The terms "we", "us", and "our" throughout this site refer to UpgradeRC. UpgradeRC offers this website and all information, tools and services made available to you through this website to you - the user - conditioned upon your agreement to all terms, conditions, policies and notices contained herein.
By visiting our site and/or purchasing anything from us, you use our "Service" and agree to the following terms and conditions (hereinafter referred to as "Terms and Conditions" or "Terms"), including additional terms and conditions and policies referenced or linked to below. These Terms and Conditions apply to all users of the site, including users who visit the site, suppliers, customers, merchants and/or content contributors.
Please read these Terms and Conditions carefully before visiting or using our website. By accessing or using parts of the site, you agree that these Terms and Conditions are binding on you. If you do not agree to all the provisions of this agreement, you may not visit the website or use any services. To the extent that these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
The Terms and Conditions also apply to new features or tools that may be added to the current store. The current version of the General Terms and Conditions can always be found on this page. We reserve the right to amend, change or replace the General Terms and Conditions in whole or in part by publishing updates and/or changes on our website. You are responsible for checking this page regularly to see if anything has changed. If you continue to use the website after we have posted changes, you accept those changes.
Our store is hosted by Shopify Inc. They provide us with the online trading platform that allows us to sell our products and services to you.
ARTICLE 1 - TERMS AND CONDITIONS ONLINE SHOP
By agreeing to these Terms and Conditions, you represent that you are of legal age under the law of your country of residence, or that as an adult under the law of your country of residence, you have given us permission to allow minors for whom you are responsible to use this site.
You may not use our products for any unlawful or unauthorized purpose. You also may not violate the laws of your jurisdiction (including copyright laws) when using the Service.
You must not transmit worms, viruses or harmful code.
Failure to comply with any provision of these Terms and Conditions will result in the immediate termination of your Services.
ARTICLE 2 - GENERAL PROVISIONS
We reserve the right to refuse our services to anyone for any reason and at any time.
You acknowledge that your content (excluding credit card information) may be forwarded without encryption and may involve (a) transmission over different networks; and (b) changes to the data to meet technical requirements set by affiliated networks or devices. Credit card information is always encrypted when forwarded over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service or any element on the website through which the Service is provided without our express written permission.
The headings in this agreement are for your convenience only and do not affect or affect these Terms in any way.
ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is incorrect, incomplete or outdated. The material on this site is provided for general information only and should not be relied upon as the sole basis for any decision without reference to primary, more accurate, more complete or more recent sources of information. If you rely on the material on this site, you do so at your own risk.
This site may contain certain historical data. Historical data is by its nature not current and is provided for reference only. We reserve the right to change the content of this site at any time, but we are under no obligation to update any information on our site. You agree that you are responsible for checking any changes to our site.
ARTICLE 4 - MODIFICATION OF PRICES AND SERVICE
Prices for our products are subject to change without notice.
We reserve the right to change or discontinue the Service or any portion of it periodically without notice.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
ARTICLE 5 - PRODUCTS OR SERVICES
Certain products or services may be offered exclusively online through the website. These products or services may be available in limited quantities and can only be returned or exchanged in accordance with our Returns Policy.
We make every effort to display the colors and images of our products in the store as accurately as possible. However, we cannot guarantee that your computer screen will display all colors correctly.
We reserve the right, without obligation, to limit the sale of our products or Services to certain persons, regions or jurisdictions. We may exercise this right on a case-by-case basis. We reserve the right to limit the amount of products or services we offer. All descriptions and prices of products are subject to change by us at any time, in our sole discretion, without notice. We reserve the right not to offer any product at any time. An offer on this site for any product or service is void where such offer is prohibited.
We do not warrant that the quality of any products, services, information or other materials you purchase or obtain will meet your expectations, or that errors in the Service will be corrected.
ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse orders you place with us. Purchases may be restricted or canceled by us at our discretion, per person, per household or per order. These restrictions may also be imposed on orders placed by or through the same customer account or credit card, and/or orders with the same billing address and/or delivery address. If we change or cancel an order, we may notify you using the email address and/or billing address or telephone number you provided when placing the order. We reserve the right to limit or refuse orders placed by merchants, resellers or distributors in our sole discretion.
You agree to provide current, complete and accurate purchase and account information with every purchase from our store. You agree to promptly update your account information and other information, including your email address and your credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
Read our Return Policy for more information.
ARTICLE 7 - OPTIONAL TOOLS
We may give you access to third-party tools that we do not control and over which we have no control or input.
You agree that access to such tools is provided to you "as is" and to the extent that they are available ("as available"), without any warranty, condition or endorsement hereof by us. We are in no way liable for or in connection with your use of optional third-party tools.
You use optional tools offered through the site at your sole discretion and risk, and you must ensure that you have read and agree to the terms and conditions under which such tools are provided by the relevant third-party providers.
If we proceed to offer new services and/or features through the website (such as releasing new tools and resources), these Terms and Conditions will apply to such new features and/or services.
ARTICLE 8 - THIRD PARTY LINKS
Certain content, products and services available through our Service may include material from third parties.
Third party links on this site may direct you to external websites with which we have no affiliation. We undertake no obligation to examine or review the content or accuracy, and we make no warranties or disclaimers of any kind with regard to any materials or websites of third parties or other materials, products or services of third parties.
We will not be liable for any damages or losses related to the purchase or use of goods, services, tools or content or other transactions related to third party websites. Please review the policies and practices of the third party carefully before transacting with them. Complaints, claims, problems or questions about third party products should be forwarded to that third party.
ARTICLE 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you submit anything at our request (for example, as part of a competition) or of your own volition, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by regular mail or by other means manner (collectively referred to as "Comments"), you agree that we may edit, copy, publish, distribute, translate and otherwise use any comment you submit to us at any time and without restriction. We are under no obligation (1) to keep any response confidential; (2) pay a fee for any response; or (3) reply to any comment.
We may, without obligation, monitor, edit, or remove any content that we determine in our sole discretion to be unlawful, abusive, threatening, defamatory, defamatory, pornographic, obscene, or otherwise objectionable or violates these Terms. Terms or to the intellectual property rights of any party.
You agree not to post comments that infringe upon the rights of any third party, including copyright, trademark rights, the right to privacy, personality rights, or other subjective or proprietary rights. You further agree not to post comments that contain defamatory or otherwise unlawful, abusive or obscene material, or that contain computer viruses or other malware that could affect the operation of the Service or any related website. You must not use false email addresses or impersonate someone else, or otherwise mislead us or third parties as to the source of any response. You are solely responsible for any comments you post and for their accuracy. We do not accept any responsibility or liability for comments posted by you or any third party.
ARTICLE 10 - PERSONAL DATA
ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS
Our site or the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, shipping charges, shipping times and availability. If information in the Service or on any related website is inaccurate, we reserve the right at any time to correct errors, inaccuracies or omissions, to change or update information, or to cancel orders, without notice (including after you place an order).
We make no commitment to update, change or clarify any information in the Service or on any related website, including pricing information, unless we are required to do so by law. The inclusion of a date on which information was updated or updated in the Service or on any related website does not mean that all information in the Service or on any related website has been changed or updated.
ARTICLE 12 - PROHIBITED USE
In addition to other prohibitions contained in the Terms and Conditions, you may not use the site and its contents:
(a) for unlawful purposes; (b) to induce others to commit or participate in unlawful acts; (c) to violate international, national or local laws and regulations; (d) to infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, insult, harm, disparage, defame, belittle, harass or discriminate on the basis of gender, sexual orientation, religion, ethnic or national origin, race, age or constraint; (f) to transmit false or misleading information;
(g) to upload or transmit any viruses or other harmful code that may or will be used in any way that impairs the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal data of others; (i) for spam, phishing, pharming, pretexting, spidering, crawling or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security of the Service or any related website, other websites or the Internet. We reserve the right to discontinue your use of the Service or any related website pursuant to this prohibited use provision.
ARTICLE 13 - EXCLUSION OF WARRANTY; LIMITATIONS OF LIABILITY
We do not warrant that our Service will be uninterrupted, timely, secure, or error-free during your use.
We do not warrant that the results that may be achieved using the Service are accurate or reliable.
You agree that we may periodically remove and terminate the Service for an indefinite period of time without prior notice to you.
You expressly agree that you use the Service entirely at your own risk, and that you bear the sole risk of the unavailability of the Service. The Service and all products and services provided to you through the Service are (unless we expressly state otherwise) provided to you "as is" and to the extent that they are available ("as available") , without warranty of any kind, express or implied, including warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title or non-infringement.
In no event shall UpgradeRC, our directors, officers, affiliates, agents, representatives, work contractors, contractors, interns, suppliers, service providers or licensors be liable for any harm, loss, damage or claim or any direct, indirect , incidental or special, punitive, or consequential damages of any kind, including damages for lost profits, lost business, loss of savings or data, replacement costs or any similar damages, whether in contract, tort (including negligence) , strict liability or otherwise, arising out of your use of the Service or any products obtained through the Service, or for any other claim in any way related to your use of the Service or any product, including from claims for errors or omissions in content, or and any loss or damage of any kind resulting from the use of the Service or any content (or any product) posted, transmitted or otherwise made available through the Service, even if we have been advised of the possibility of such damage.
Because some jurisdictions do not allow limitation of liability for incidental or consequential damages, our liability for such damages is limited to the fullest extent permitted by law.
ARTICLE 14 - WARRANTY
You agree to indemnify, defend, and hold harmless UpgradeRC and our parent company, subsidiaries, affiliates, partners, directors, officers, agents, contractors, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees against and any claim or demand from any third party, including for reasonable legal fees, arising out of your failure to comply with these Terms and Conditions or the documents incorporated herein by reference, or any breach by you of any provision of law or regulation or the rights of a third party.
ARTICLE 15 - SEVERABILITY
If any provision of these Terms and Conditions is unlawful, void or unenforceable, such provision shall survive to the fullest extent permitted by law and shall be deemed severable from these Terms and Conditions, without prejudice to its validity. and enforceability of the other provisions.
ARTICLE 16 - TERMINATION
The undertakings and obligations entered into by the parties prior to the date of termination shall in all cases survive the termination of this Agreement.
These Terms and Conditions will remain in effect until canceled by you or by us. You may cancel these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or by no longer visiting our website.
If we believe or suspect in our sole discretion that you have failed to comply with any provision of these Terms and Conditions, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination. In addition, we may also deny you access to our Services (or any part of them).
ARTICLE 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this website or in relation to the Service constitute the entire agreement between you and us and govern your use of the Service. They supersede all prior and existing oral and written agreements, communications and proposals between you and us (including previous versions of the Terms and Conditions).
If any provision of these Terms and Conditions is open to interpretation, it cannot be construed against us.
ARTICLE 18 - APPLICABLE LAW
These General Terms and Conditions and all other agreements pursuant to which we provide the Services to you must be performed and interpreted solely in accordance with the law of Ferdinandusdijkstraat 43, Merksem, Antwerp, 2170, Belgium.
ARTICLE 19 - AMENDMENTS TO THESE TERMS OF SERVICE
The current version of the General Terms and Conditions can always be found on this page.
We reserve the right to modify, change or replace the Terms and Conditions in whole or in part at our sole discretion, by posting updates and changes on our website. You are responsible for checking our website regularly to see if anything has changed. If you continue to visit our website or use the Service after we have posted changes to these Terms and Conditions, you accept those changes.
ARTICLE 20 - CONTACT DETAILS
Questions about these General Terms and Conditions can be sent to firstname.lastname@example.org.