Terms and Conditions

 

  1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and theLivingCore GmbH (“Company“, “we”, “us”, or “our”), concerning your access to and use of the https://www.thelivingcore.com/, https://www.enjoyable-company.org shop website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Shop”). We are registered in Austria and have our registered office at Lange Gasse 29, Vienna 1080. Our VAT number is ATU66993006. You agree that by accessing the Shop, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these terms of use, then you are prohibited from using the site and you must discontinue using it.

The shop is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the shop.

  1. USER REPRESENTATIONS

By using the Shop, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Shop through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Shop for any illegal or unauthorized purpose; and (5) your use of the Shop will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Shop (or any portion thereof).

  1. PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Shop. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

  1. PURCHASES AND PAYMENT

We accept the following forms of payment:

–  Stripe

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Shop. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Euros.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Shop. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

  1. RETURN POLICY

Please review our Return Policy posted on the Shop prior to making any purchases.

  1. PROHIBITED ACTIVITIES

You may not access or use the Shop for any purpose other than that for which we make the Shop available. The Shop may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Shop, you agree not to:

  • Systematically retrieve data or other content from the Shop to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Shop, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Shop and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Shop.
  • Use any information obtained from the Shop in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Shop in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Shop.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Shop or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Shop.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Shop or the networks or services connected to the Shop.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Shop to you.
  • Attempt to bypass any measures of the Shop designed to prevent or restrict access to the Shop, or any portion of the Shop.
  • Copy or adapt the Shop’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Shop.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Shop, or using or launching any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Shop.
  • Make any unauthorized use of the Shop, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Shop as part of any effort to compete with us or otherwise use the Shop and/or the Content for any revenue-generating endeavor or commercial enterprise
  1. THIRD-PARTY WEBSITES AND CONTENT

The Shop may contain (or you may be sent via the Shop or the Marketplace Offerings) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Shop or any Third-Party Content posted on, available through, or installed from the Shop, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-PartyContent does not imply approval or endorsement thereof by us. If you decide to leave the Shop and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Shop or relating to any applications you use or install from the Shop. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

  1. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Shop for violations of these Terms of Use.

  1. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://enjoyable-company.org/privacy-policy/. By using the Shop or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Shop and the Marketplace Offerings are hosted in Austria. If you access the Shop or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Austria, then through your continued use of the Shop, you are transferring your data to Austria, and you expressly consent to have your data transferred to and processed in Austria.

  1. TERM AND TERMINATION

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

  1. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Shop at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Shop. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Shop or the Marketplace Offerings.

We cannot guarantee the Shop and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Shop, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Shop or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Shop or the Marketplace Offerings during any downtime or discontinuance of the Shop or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Shop or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

  1. GOVERNING LAW

These conditions are governed by and interpreted following the laws of Austria, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. theLivingCore GmbH and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Vienna, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in Austria, or in the EU country in which you reside.

  1. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Vienna, Austria. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of Austria.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

  1. CORRECTIONS

There may be information on the Shop that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Shop at any time, without prior notice.

  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Shop, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Shop, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

  1. MISCELLANEOUS

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

  1. CONTACT US

In order to resolve a complaint regarding the Shop or to receive further information regarding use of the Shop, please contact us at:

theLivingCore GmbH

Lange Gasse 29

Vienna 1080

Austria

Phone: +43 1 890 4684

welcome@thelivingcore.com

These terms of use were created using Termly’s Terms and Conditions Generator.

 

RETURN POLICY

Last updated April 27, 2022

Thank you for your purchase. We hope you are happy with it. However, if you are not completely satisfied for any reason, you may return it to us for a full refund only. Please see below for more information on our return policy.

RETURNS

All returns must be postmarked within fourteen (14) days of the purchase date. All returned items must be in new and unused condition, with all original tags and labels attached.

RETURN PROCESS

To return an item, please email customer service at welcome@thelivingcore.com to obtain a Return Merchandise Authorization (RMA) number. After receiving a RMA number, place the item securely in its original packaging and include your proof of purchase, and mail your return to the following address:

 

theLivingCore GmbH

Attn: Returns

RMA #

Lange Gasse 29

Vienna, 1080

Austria

 

Please note, you will be responsible for all return shipping charges. We strongly recommend that you use a trackable method to mail your return. 

REFUNDS

After receiving your return and inspecting the condition of your item, we will process your return. Please allow at least thirty (30) days from the receipt of your item to process your return. Refunds may take 1-2 billing cycles to appear on your credit card statement, depending on your credit card company.

EXCEPTIONS

For defective or damaged products, please contact us at the contact details below to arrange a refund or exchange.

QUESTIONS

If you have any questions concerning our return policy, please contact us at:

 

welcome@thelivingcore.com

This return policy was created using Termly’s Return and Refund Policy Generator.

The Enjoyable Company