Terms & Conditions
Terms and Conditions of Sale
Sale and Purchase of Goods
Kovet Industries ("Seller") hereby agrees to sell, and You ("Buyer") hereby agree to purchase, goods of the description and quantity described on the checkout window ("Checkout") and incorporated herein by this reference ("Goods") on the terms and conditions set forth in this Agreement.
The Buyer must be legally competent and at least eighteen years of age or older to order from the website and by accepting these Terms the Buyer confirms to be legally competent and at least eighteen years of age.
Purchase Price and Availability
The Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto. All Products are subject to availability. Kovet may not be held liable if Products are out of stock or unavailable.
Payment can be made through the credit card companies listed on the website, or through PayPal. The Seller guarantees a secure payment for all the Buyer's transactions. Your bank details are encrypted and protected using the security system specified on the Web Site. Prices are inclusive of VAT applicable on the date of order. The prices do not include the shipping costs, which are invoiced in addition and made clear to the Buyer before the order is confirmed and when the order is definitively validated. The total amount of the Purchase Price shall be payable in full by Buyer at Checkout. All deliveries are subject to prior authorization of BUYER’s payment.
The Buyer will be automatically sent a confirmation email giving a summary of their order, including product, price and shipping costs. The receipt of a confirmation only means that we have received your order and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether.
Unless otherwise agreed in writing, delivery shall be made in accordance with Seller's shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller's standards and practices. The shipping risks and costs shall be borne exclusively by the Buyer. It is the Buyer responsibility to check the Products upon delivery and to make any reservations or claim against the carrier within the time period prescribed by the carrier.
The Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of the Seller, which causes delays or hinders the manufacture or delivery of Goods. The Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
Accuracy of Information
Government Rules and Requirements
The Seller does not guarantee that the Product complies with any special governmental rules or requirements with the jurisdiction where the Buyer resides or intends to put the Product to use. The Seller has no liability with regards to such governmental rules or requirements.
The Seller will take all reasonable precautions to keep the Buyers order and payment secure, but unless the Seller is negligent, the Seller will not be liable to for unauthorized access to information supplied by the Buyer. The Seller will only use the information provided by the Buyer for the purpose of fulfilling your order, unless otherwise agreed by the Buyer. The Seller undertakes not to share, sell, hire or make commercially available, in any way whatsoever, the Buyers personal information with or to any third party.
The Buyer expressly undertakes to respect the intellectual property rights pertaining to the Products and their documentation. This site and all materials, images, audio and video clips, information and any other content displayed or transmitted on or over this site ("content"), is the property of the Seller and/or its licensors and is protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Any use or modification of the content or any part of the content for any purpose, other than as expressly permitted by their terms and conditions, constitutes an infringement of our copyrights, trademarks and other proprietary rights
Use of Website
The Buyer agrees to use the Sellers website only for lawful purposes. The Buyer may not use the website in any way that breaches any applicable law or regulation including local, national or international law. The Buyer must not use the website in any way that is fraudulent, to transmit of procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation. The website must not be used to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of computer software or hardware. The Buyer also agrees not to access without authority any part of the website, any equipment, network or software which is used by the website, or that owned or used by a third party.
The Seller is not liable if the website is unavailable at any time, or for any length of time. The Seller may restrict access to parts of the site at any time, in particular if this is because of maintenance. The Seller does not guarantee that the website is free of computer viruses or any other anomalies beyond its control. The Buyer acknowledges that data transmission on the internet is known to be not reliable. Every effort is made by the Seller to ensure that the information provided on the website was accurate and complete at the time of publication, however the content is subject to variation at any time without notice and the Seller does not give any warranty that any such information will be accurate or complete.
The Buyer is prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. By using this site, the Buyer agrees to indemnify, defend and hold harmless the Seller and its affiliates, agents and licensors from any claim or demand made by any third party due to or arising out of anything you submit, post, transmit, upload or publish on this site.
By our sole discretion, we may take any action we deem necessary to cure or prevent the violation, including the immediate removal of the related materials from this website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Disclaimer of Warranty/Limitation of Liability
The Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement or described on the website, and Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under Irish law, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of Ireland and hereby waives any objection to such jurisdiction and venue.
Registrations, agreements, and terms presented by us electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding our Services electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with your current contact information. If you decided not to receive notices from us electronically, we may cancel your account and terminate access to the Services.