Terms & Conditions
EFFECTIVE DATE: January 2nd, 2020.
ZEN GRAFITI d.o.o., (“We” or “Serenade Music Box”) is the operator
of the website located at www.serenadamusicbox.com (the “Website”). This Agreement
governs your use of the Website and your purchase of any products from Serenade
Music Box (the “Products”).
The Website and Products are offered subject to your acceptance of
these Terms and Conditions (“Terms” or “Agreement”). These
Terms constitute a legally binding agreement between you and Serenade Music
Box, and you should read them carefully. By purchasing for this Website you are
agreeing to these Terms, you are also agreeing to our Privacy Policy,
Return Policy and Shipping Policy, each of which is expressly incorporated by
reference herein.
YOU MUST
REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING, OR BUYING ANY
PRODUCT THROUGH THE WEBSITE.
User
Obligations
By downloading, accessing or using the Website, you represent that
you are at least eighteen (18) years old or the legal age of majority,
whichever is greater, and you are agreeing to these Terms. You also agree to
abide by all applicable local, state, and national laws and regulations with
respect to your use of the Website. You further represent you shall at all
times provide true, accurate, current, and complete information (and updates
thereto) when submitting information to Serenade Music Box through the
Website. You shall only use the Website as permitted by this Agreement,
and you shall not use the Website or the Content for any commercial, political,
obscene, illegal, or inappropriate purpose. Serenade Music Box reserves the
right, in its sole discretion, to terminate your access to the Website for any
or no reason. If you register for an account on the Website, you may be
required to designate an email address and password, and there may be
additional requirements as designated by Serenade Music Box from time to
time. You agree to assume all responsibility concerning your use of the
Website, including all activity occurring through your password (and related
account access). You shall immediately notify Serenade Music Box if you
suspect or become aware of any loss, theft, or unauthorized use of your
password.
Purchases
through the Website
All purchases made through the Website are subject to our
acceptance. This means that we may refuse to accept or may cancel any
transaction, in our sole discretion, and without liability to you or any third
party. The Website does not permit orders from dealers, wholesalers, or
other customers who intend to resell items offered on the Website – for this
purpose you must contact us via email at zen.grafiti@gmail.com .By ordering Products through the Website,
you agree to provide true, accurate, current, and complete information.
Serenade Music Box reserves the right without prior notice to discontinue or
change specifications and prices on Products offered on and outside of the site
without incurring any obligation to you. Prices and availability are
subject to change without prior notice, and Serenade Music Box reserves the
right to revoke any offer to correct any errors, inaccuracies, or omissions.
Payment
methods
Payment is available in two options:
- Paypal
- Bank transfer
The purchase is considered valid when the PayPal authorization is
through or when payment is visible on Zen Grafiti d.o.o. bank account.
All PayPal purchases will be converted to USD or EUR as We accept
these currencies. Additional costs may apply.
Serenade Music Box wants you to be satisfied with your purchases
from this Website. If you wish to return a product, please review our Return Policy.
Website
Ownership and Content
The Website contains materials including, but not limited to,
text, images, designs, photographs, videos, audio clips, graphics, button
icons, pictures, advertising copy, URLs, technology, software, and the overall
arrangement or “look and feel” of such materials including copyrightable
material, as well as trademarks, logos, and service marks that belong to either
Serenade Music Box, its licensors, licensees or other third parties
(collectively the “Content”). The Website and the Content are owned,
licensed, or controlled solely by Serenade Music Box and all right, title,
interest in and to the Content and the Website are the property of Serenade
Music Box, its licensors, or certain other third parties and are protected by the
European Union and international copyright, trademark, patent or other
intellectual property rights and laws to the fullest extent possible. By
using the Website, you will not obtain any ownership or intellectual property
or other interest in any item or content on the Website. Subject to
your agreement and compliance with this Agreement, Serenade Music Box grants
you a limited, non-exclusive, non-transferrable, non-assignable, revocable
license to access, display, view, and use the Content on the Website for your
own personal, non-commercial use only. You agree that Serenade Music
Box may immediately and, without notice to you, suspend or terminate the
availability of the Website, its Content, or the Products without any liability
to you or any third party.
User-Generated
Content
By submitting or posting any materials or content on the Site
(“User-Generated Content”), you grant to Serenade Music Box a perpetual,
irrevocable, royalty-free, worldwide, royalty-free, sub-licensable and
transferable license to copy, publish, translate, modify, reformat, create
derivative works from, distribute, reproduce, and sublicense such materials or
any parts of such materials. You hereby represent, warrant and covenant that
any User-Generated Content you provide does not violate any law or the rights
of any third party, and you have full right to grant Serenade Music Box the
license specified above. Serenade Music Box shall be entitled to use any
User-Generated Content without incurring obligations of confidentiality, attribution
or compensation to you.
LIMITATION
OF LIABILITY; DISCLAIMER OF WARRANTIES. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE
WEBSITE, AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM
OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT
WARRANTY OF ANY KIND. SERENADE MUSIC BOX DOES NOT WARRANT THAT: (1) THE
INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS
CONTAINED ON THE WEBSITE APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3)
DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT
AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL
FASHION NOVA OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT
CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION
WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY,
WARRANTY, OR OTHERWISE, FOR ANY CLAIM, CAUSE OF ACTION, FEE, EXPENSE, COST, OR
LOSS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE RETURN
POLICY, THE SHIPPING POLICY, THE PRODUCTS, OR YOUR USE OF THE WEBSITE OR ANY
PRODUCTS.
Dispute
Resolution
Any dispute relating in any way to your visit to, or use of, the
Website, the Products, or any purchase or otherwise related to this Agreement
(“Disputes”) shall be submitted to confidential arbitration in Split, Croatia
and shall be governed exclusively by the laws of the Republic of Croatia and the
European Union, excluding its conflict of law provisions. If a Dispute
arises under this Agreement, you agree to contact us at zen.grafiti@gmail.com (email). Before formally submitting
a Dispute to arbitration, you and Serenade Music Box may choose to informally
resolve the Dispute.
We hereby inform you that resolution of dispute is possible online
through the European ODR (Online Dispute Resolution) platform here.
Links to
Third Party Websites
The Website may include links to third-party websites, such as
links from advertisers, sponsors, content partners, and third parties.
The inclusion of any link on the Website does not imply our endorsement of it,
and Serenade Music Box expressly disclaims any responsibility for the content,
the materials, the accuracy of the information, or the quality of the products
or services provided by, available through, or advertised on these third-party
websites.
Privacy
You understand, acknowledge, and agree that the operation of
certain portions of this Website or the receipt of certain information, such as
registering or creating an account on this Website, requires the submission,
use, and dissemination of certain personally identifiable information. You
understand that your consent is not required to make a purchase. For a
summary of Serenade Music Box’s information collection and use, please
see Serenade Music Box’s Privacy Policy.
Electronic
Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled
“SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT”, ANY LINK THROUGH WHICH YOU
SUBMIT BILLING OR SHIPPING INFORMATION, or such similar links as may be
designated by Serenade Music Box to accept these terms and conditions, you are
submitting a legally binding electronic signature and entering into a legally
binding contract. You acknowledge that your electronic submissions constitute
your agreement and intent to be bound by this Agreement.
Sales Tax
Serenade Music Box uses Republic of Croatia's guidelines
concerning sales and use tax, it is NOT determined
by the destination address of your shipment. All taxes are included in the
price of the Product.
Miscellaneous
This Agreement constitutes the entire agreement between you and
Serenade Music Box and supersedes any prior version of this Agreement and
Serenade Music Box. If any provision of this Agreement is found by the
arbitrator or (if proper) a court of competent jurisdiction to be invalid, the
remaining provisions shall not be affected thereby and shall continue in full
force and effect, and such provision may be modified or severed from this
Agreement to the extent necessary to make such provision enforceable and
consistent with the remainder of this Agreement.
Serenade Music Box is in no way responsible for the damages or
delay in delivery that may occur in the domain of the currier service, but will
contact the currier service and try to get the buyer the best experience. If
the buyer notices the package is damaged upon the delivery he is to report it
immediately to the currier and send us an email at zen.grafiti@gmail.com
Contact Us – If you have any
questions about these Terms of Use, the Products, or the Website, email us at zen.grafiti@gmail.com