OVERVIEW

This website is operated by VIBRAQUA. Throughout the site, the terms “we”, “us” and “our” refer to VIBRAQUA. These General Terms and Conditions (referred to as "Terms") govern the relationship between VIBRAQUA (referred to as "the Company", "we", or "us") and the customer (referred to as "you").  VIBRAQUA offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

We would like to emphasize that our online store is hosted by Shopify Inc., which furnishes us with the e-commerce platform that enables us to offer our products and services to you.

SECTION 1 - ONLINE STORE TERMSWhen you accept these Terms of Service, you affirm that you have reached the age of majority in your state or province of residence. Alternatively, you confirm that you have both reached the age of majority in your state or province of residence and provided consent for any minor dependents to utilize this site.It is imperative that you refrain from using our products for any unlawful or unauthorized purposes. Likewise, in utilizing our Service, you are expected to comply with all laws in your jurisdiction, including but not limited to copyright laws.Moreover, you are prohibited from transmitting any worms, viruses, or any code of a malicious or destructive nature that could potentially harm the site or its users.Please be aware that any breach or violation of these Terms will lead to an immediate termination of the services we provide and may lead to legal consequences.

SECTION 2 - GENERAL CONDITIONSWe reserve the right to refuse Service to anyone for any reason at any time.You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Notably, credit card information is consistently encrypted during transmission over networks.In line with this, you are in agreement not to engage in activities such as reproducing, duplicating, copying, selling, reselling, or exploiting any part of the Service, usage of the Service, or access to the Service, including any interactions on the website through which the Service is furnished. Any such activities require our explicit written consent.

Moreover, the headings utilized in this agreement are provided solely for convenience and do not impose limitations or alter these Terms in any way.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATIONPlease be aware that this site might contain historical information, which by its nature may not be up-to-date. Historical information is offered for reference purposes only and may not reflect current conditions. While we retain the right to alter the contents of this site whenever necessary, we are not obligated to update any information on our site. We kindly ask you to acknowledge that it is your responsibility to remain vigilant about changes to our site. Your reliance on material provided on this site is undertaken at your own risk.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICESThe prices of our products are susceptible to change without prior notice. We retain the authority to adjust or cease the Service (or any portion thereof) without advance notice. In the event of modifications, price adjustments, suspensions, or discontinuations of the Service, we shall not be held accountable to you or any third-party.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may exclusively be accessible through our online store. Please note that these offerings could possess limited quantities and are eligible for returns or exchanges only in accordance with our Refund Policy. We have made diligent efforts to depict the colors and images of our products with maximum precision. However, it is important to acknowledge that we cannot ensure the accuracy of color displays on every computer monitor.

It's important to recognize that we retain the right (but are not obligated) to restrict sales of our products or services to specific individuals, geographical regions, or jurisdictions. This authority may be exercised on a case-by-case basis. Furthermore, we have the right to limit the quantities of any products or services offered. Descriptions of products and their pricing may be subject to alterations at any time without advance notice, at our sole discretion. Moreover, we hold the right to discontinue any product at our discretion. Any offers for products or services presented on this site are null and void where prohibited.

While we strive for the highest quality, we do not guarantee that products, services, information, or other materials purchased or obtained from us will fulfill your expectations. Moreover, we do not guarantee the correction of errors in the service. This provision aims to ensure transparency in our offerings and the expectations our customers may have.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We retain the right to decline any order placed with us. Our discretion allows us to limit or cancel quantities purchased per person, household, or order. Such limitations might encompass orders placed under the same customer account, those associated with the same credit card, and/or orders utilizing identical billing and/or shipping addresses. If a modification or cancellation of an order is necessary, we will make reasonable efforts to communicate this to you using the contact information provided during the order placement. This includes email addresses, billing addresses, and phone numbers. In instances where it is evident in our sole assessment that orders are placed by dealers, resellers, or distributors, we have the authority to restrict or disallow such orders.

By engaging with our store, you consent to furnishing accurate, current, and comprehensive purchase and account details for all transactions. You are also committed to promptly updating your account and other information, such as email addresses, credit card numbers, and expiration dates. This facilitates the seamless completion of your transactions and allows us to effectively communicate with you as necessary.

SECTION 7 - OPTIONAL TOOLS

We might provide you with access to third-party tools that are beyond our monitoring or control, and for which we hold no influence.

You recognize and consent to our provision of access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any nature, and without any form of endorsement. We assume no liability for any consequences arising from or associated with your use of these optional third-party tools.

Should you opt to employ the optional tools provided through the site, it is essential to recognize that this is entirely at your own discretion and risk. It is your responsibility to familiarize yourself with and accept the terms under which these tools are supplied by the relevant third-party provider(s).

Moreover, we may introduce new services and/or features through the website in the future, including the launch of novel tools and resources. These new offerings will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services accessible through our Service may incorporate materials sourced from third-parties.

Third-party links on this site might redirect you to external websites that are not affiliated with us. It is crucial to note that we are not accountable for inspecting, assessing, or validating the content or precision of these external sources. Consequently, we do not guarantee and cannot be held responsible for any third-party materials or websites, or for any additional materials, products, or services provided by third-parties.

We want to highlight that we assume no liability for any harm or damages arising from the acquisition or utilization of goods, services, resources, content, or any other transactions completed in connection with these third-party websites. You may review the policies and practices of the third-party before engaging in any transactions. Should you have any grievances, claims, concerns, or inquiries related to third-party products, you may address them directly to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If we specifically request certain submissions from you (such as contest entries) or if you independently provide creative ideas, suggestions, proposals, plans, or other materials (referred to as 'comments'), you agree that we hold the right, without constraints, to edit, duplicate, publish, distribute, translate, and utilize these comments in any medium. This applies to comments shared with us via online platforms, email, postal mail, or any other means. We are not obligated: (1) to maintain the confidentiality of any comments; (2) to offer compensation for any comments; or (3) to respond to any comments.

While we retain the right, we are not compelled, to monitor, edit, or remove content that we judge, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable. Such content should also not infringe upon any party's intellectual property rights or breach these Terms of Service.

It is imperative that your comments respect the rights of third-parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. Additionally, your comments must refrain from containing unlawful, abusive, or obscene material, and should not harbor computer viruses or malware that might disrupt the functioning of the Service or any associated website. Impersonation, deception, or misleading behavior is prohibited, as is the use of a fictitious email address or pretending to be someone else.

You, as the commenter, hold full responsibility for the accuracy and content of your comments. We disclaim responsibility and liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Any personal information you provide to us through the store is subject to our Privacy Policy.SECTION 11 - ERRORS, INACCURACIES AND OMISSIONSFrom time to time, our site or the Service might feature information containing typographical errors, inaccuracies, or omissions that pertain to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. It is important to note that we retain the right to rectify any such errors, inaccuracies, or omissions. We also reserve the authority to modify or update information, or to cancel orders if any information on the Service or any related website is found to be inaccurate, without prior notification. This applies even after you have submitted your order.

While we are committed to ensuring accuracy, we are not obligated to update, revise, or clarify information in the Service or on related websites, including pricing details, except as stipulated by law. Any specific update or refresh date indicated in the Service or on related websites should not be interpreted as a comprehensive modification or update to all information presented therein.

SECTION 12 - PROHIBITED USES

In addition to the restrictions outlined in the Terms of Service, you are explicitly prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit or incite others to engage in unlawful activities; (c) to breach international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to violate our intellectual property rights or those of others; (e) to engage in harmful behavior such as harassment, abuse, insult, harm, defamation, slander, intimidation, or discrimination based on various factors; (f) to provide false or misleading information; (g) to upload or transmit viruses or malicious code that could disrupt the Service or the functionality of related websites, other websites, or the Internet; (h) to collect or track personal information of others; (i) to engage in spam, phishing, or other harmful online practices; (j) for obscene or immoral purposes; (k) to interfere with or bypass the security measures of the Service, related websites, other websites, or the Internet.

We retain the right to terminate your use of the Service or any related website if you engage in any of the prohibited activities listed here.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free. We also do not warrant the accuracy or reliability of the results you may obtain from using the Service. You acknowledge that we may remove or cancel the Service for indefinite periods without notice.

Your use of the Service is at your own risk, and we provide the Service and all products and Services (except as expressly stated by us) on an "as is" and "as available" basis. This means that there are no implied or express warranties or conditions regarding merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

VIBRAQUA, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers, and licensors are not liable for any direct, indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, arising from your use of the Service or any products procured through it. This includes any errors or omissions in content, or any loss or damage incurred due to the use of the Service or any content or product provided via the Service. This limitation of liability applies even if advised of the possibility of such damages.

In jurisdictions where exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability will be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless VIBRAQUA and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees. This means you will protect us from any claim or demand, including reasonable attorneys' fees, made by a third party due to your breach of these Terms of Service or the documents they reference, or your violation of any law or the rights of a third party.

By agreeing to this section, you acknowledge your responsibility to cover any costs, legal fees, or damages that may arise from these situations. This ensures that you hold VIBRAQUA harmless against any claims that result from your actions or violations.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforced to the fullest extent permitted by applicable law. The unenforceable portion will be considered severed from these Terms of Service. This determination will not impact the validity and enforceability of the remaining provisions. In essence, even if one part of these Terms of Service is found unenforceable, the rest of the terms will still be valid and enforceable. This provision ensures that the overall agreement remains intact and functional.

SECTION 16 - TERMINATION

The obligations and liabilities arising from the activities of the parties prior to the termination date will persist beyond the conclusion of this agreement, serving all purposes.

These Terms of Service remain in effect until either party decides to terminate them. You possess the authority to conclude these Terms of Service at any moment by notifying us that you no longer intend to utilize our Services or when you cease using our site.

If, based on our sole judgment, we determine that you have not adhered to any term or provision within these Terms of Service or if there is suspicion of such non-compliance, we hold the right to terminate this agreement at our discretion, without prior notification. Under such circumstances, you will be held accountable for any outstanding amounts up to the date of termination. Furthermore, we may choose to deny your access to our Services or specific portions thereof.

In essence, the terms elucidate that obligations and liabilities endure post-termination, outline the conditions for the duration of the agreement, and detail our prerogative to terminate the agreement if non-compliance is suspected.

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision stipulated within these Terms of Service does not constitute a waiver of such right or provision. These Terms of Service, in conjunction with any policies or operational regulations we post on this site or in relation to the Service, establish the complete understanding and agreement between you and us. This framework governs your utilization of the Service and prevails over any earlier or concurrent agreements, dialogues, and suggestions, whether verbal or written, between you and us – this includes earlier iterations of the Terms of Service.

Any uncertainties and ambiguities that might arise during the interpretation of these Terms of Service will not be misconstrued against the party responsible for drafting them.

SECTION 18 - GOVERNING LAW

These Terms of Service, along with any distinct agreements through which we render Services to you, shall be subject to and interpreted in accordance with the laws of the United Kingdom.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You have the option to review the latest version of the Terms of Service at any point on this page. We hold the authority, at our sole discretion, to modify, alter, or substitute any portion of these Terms of Service by posting updates and revisions on our website. It is your responsibility to periodically check our website for any alterations. Your continued access to our website or utilization of the Service after the posting of any revisions to these Terms of Service signifies your acknowledgment and acceptance of those modifications.

SECTION 20 - CONTACT INFORMATION

If you have any inquiries or concerns regarding the Terms of Service, please direct your questions to us at hello@vibraqua.com 
Our contact details are as follows: Email:  hello@vibraqua.com